Animal Advocates Watchdog

Gandy, a yellow Labrador, was the subject of a Human Rights Tribunal after a man claimed the animal was the reincarnation of his late pet *PIC*

It was something in the 10-month-old yellow Lab’s eyes that convinced a B.C. man this particular dog was the reincarnation of his former four-legged friend.

But when Shao Lee’s adoption attempt was rebuffed, he took his case against a Lower Mainland rescue group to the province’s Human Rights Tribunal, arguing he was discriminated against because of his political and spiritual beliefs.

He told the tribunal his religion, along with work as an anti-war and anti-racism activist, was to blame for him not getting ownership of the Labrador retriever named Gandy. The rescue group said otherwise, arguing the high-energy dog was a poor fit for a man who rarely left his home.

The tribunal sided with A Better Life Dog Rescue Society, dismissing Mr. Lee’s claim for a dog he saw only through the group’s website and never physically met.

“On the basis of the materials filed, I have determined that there is no reasonable prospect that Mr. Lee’s complaint will succeed,” Bernd Walter, the tribunal’s acting chair, wrote in his decision late last week.

Mr. Lee’s application was rejected by the White Rock-based rescue society in October, 2009. Janet Olson, one of two society members who appeared before the tribunal, said that decision was made after an examination of Mr. Lee’s residence. It appeared, she said, he would not be able to meet Gandy’s needs for frequent exercise, socialization and mental stimulation.

She said Mr. Lee was offered a less active, less social dog, but declined.

Mr. Lee disputed the rescue society’s characterization of him as someone who lived a “nocturnal and reclusive lifestyle” – sleeping all day, working all night, and rarely leaving his home. He said he addressed any suitability concerns by offering to hire a dog walker three times a week, and throwing a ball in a park in the afternoons.

He took a polygraph test to try to strengthen his case, but the adjudicator ruled the findings were of no value. “I consider this document self-serving, non-probative and entirely irrelevant to this decision,” Mr. Walter wrote.

Mr. Lee also argued the rejection might have occurred because the rescue society perceived he was mentally unstable, but Mr. Walter noted there was no mention of that in the rejection letter. He said Mr. Lee’s mental stability was only mentioned a month after the rejection, “after he had initiated a barrage of, at times, bizarre correspondence.”

“The society’s process appears premised or founded on the common-sense notion of matching a particular animal to the most suitable home, in other words on the best interest of the individual dog,” Mr. Walter said. “Mr. Lee’s complaint appears to be based on an understanding that, by applying to adopt a specific dog, he in fact has a right to that dog.”

Attempts to reach Mr. Lee for comment were unsuccessful.

In an interview, Ms. Olson said Gandy was adopted “into a very active young family” shortly after Mr. Lee’s application was rejected.

“He’s amazing. He’s just a typical yellow Lab, tail wagging all the time, very happy,” Mr. Olson said. “A full member of the family. They’re always going hiking and exploring. That’s exactly what we wanted for him.”

Published on Monday, Mar. 21, 2011 10:27PM EDT

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Gandy, a yellow Labrador, was the subject of a Human Rights Tribunal after a man claimed the animal was the reincarnation of his late pet *PIC*
Mr Lee can get himself a dog from an SPCA

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