Animal Advocates Watchdog

The SPCA is not compelled to return animals, even if the SPCA's costs are paid

AAS obtained legal opinion on the SPCA "having to" return animals to abusers if it is paid its "costs":

Alexander Holburn Beaudin and Lang,
Vancouver, BC
July 25, 2003:

"There is no express provision in the Act which specifically states that the SPCA must return the seized animal to its owner if the owner has paid all costs of the seizure and made attempts to improve the conditions that the animal was living under. However, it can be inferred that, in including subsection 25 (1), the legislature intended that in order for the SPCA to keep an animal in its custody permanently, the SPCA should apply to the Supreme Court for such an order. "

If the SPCA did not want Wes Norman to get his dogs back, it could have applied to the Courts for an Order to keep them.

But that would have put the seizure into the public forum, clearly something the SPCA wished to avoid and thought it had avoided by forcing the dogs' owners to sign gag orders.

It took Wes Norman's $2400 and returned dogs that we now learn may have been used for fighting, a criminal offence. This is very serious matter indeed. The warrant needs to be unsealed to see if it says that the SPCA suspected the dogs were used for fighting.

Messages In This Thread

SECRET SEIZURES! The SPCA seizes 28 Pit bulls *LINK* *PIC*
More photos.... *NM* *LINK*
The gag order.... *NM* *LINK*
We cannot conceive of a reason for silencing anyone who is being investigated that is in the public good
The BC SPCA uses its intimidating and unregulated powers to silence animal owners and critics
If you are concerned at the SPCA's power and lack of recourse for victims, write these Ministers:
Is this even legal?
No it's not!
I came back a few hours later with the cash and they had killed the cat!!
This is a story that AAS has heard many times for more than ten years
So you are upset about the cat. Well do something about it
Gag orders aren't recognized in court
The infamous McLibel case - 'the biggest corporate PR disaster in history'
The SPCA is not compelled to return animals, even if the SPCA's costs are paid
The steps taken by the BCSPCA throughout this drama seem bizarre to me *LINK* *PIC*

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