On June 8th, Stephanie Walker, the operator of Walkers Animal Rescue Centre, received an eviction order from her landlords in the Cedar area of the Regional District of Nanaimo. She and her young family were to vacate their rented home by July 31. Stephanie and her lawyer John Jordan appealed the eviction order. An arbitrator heard both the landlord’s and Stephanie’s sides of the story. The arbitrator ruled on Tuesday, August 2, 2005 that the Walker family could stay at the property and that the eviction order was invalid.
http://www.animaladvocates.com/cgi-bin/newsroom.pl/noframes/read/9412
Stephanie’s current landlords, who run the Nanaimo Feral Cat Rescue Society and who also operate in the Regional District of Nanaimo, had themselves been threatened with a lawsuit by the Regional District of Nanaimo if they did not evict the Walkers. “EVICT OR BE SUED” was the choice presented to them. So the Walkers received their eviction order.
The reason for the eviction was very unusual. It pertained to a potential lawsuit with the Regional District of Nanaimo accusing Walkers Animal Rescue Centre of contravening regional zoning bylaws. The case has yet to be heard in court. The Rescue Centre should surely be presumed innocent until found guilty by a court of law. That’s the way for even the most horrendous criminals. Nonetheless the Regional District felt that they had the right to demand that Stephanie’s landlords evict her- even before the case was heard. She has been found guilty of NOTHING. That would get rid of the perceived problem (Stephanie Walker!) without ever having to go to court. One animal group could be used to finish off another animal group- a tragedy for the animals of the area.
For a newspaper article on the reasons for the lawsuit see
http://www.animaladvocates.com/cgi-bin/newsroom.pl/noframes/read/9392
I can find no bylaws which even mention adopting animals or holding animals that may be adopted at a future date. Mr. Lapham, a spokesperson for the Regional District of Nanaimo, quoted in the above newspaper article, does not appear to know which specific bylaws, if any, are being contravened.
Thanks to the arbitrator, it appears that the case against the Rescue Centre may now head to court. We already know that Walkers Animal Rescue Centre has a powerhouse, courageous lawyer. The case should reveal a lot of fascinating information, as the Regional District of Nanaimo informed me that their investigations are complaint-driven. John Jordan represented Stephanie as a tenant in the eviction procedure case. He will be representing Walker’s Animal Rescue Centre in the bylaw lawsuit that the Regional District of Nanaimo has launched.
Another interesting question is just why did the SPCA constables (Coghill and Eccles) keep asking Ms. Walker if animals were being adopted from her rented property. Eccles and Coghill arrived at Stephanie's home on May 25, 2005 the day after Stephanie received a court order from the Regional District of Nanaimo (May 24 2005). For some reason, the local special constable Carolyn Solsbury was not used. Apparently there were complaints made by people who the SPCA would not name. Bylaw enforcement is not an SPCA mandate. The SPCA mandate is to investigate cruelty complaints. Questions like this would be more appropriate for a bylaw enforcement officer to ask. Constables Coghill and Eccles surely know this, so why did they repeatedly ask these questions? No Offence Warning Notice was given by the two men. They said that they would return but they did not as they found nothing wrong.
http://www.animaladvocates.com/cgi-bin/newsroom.pl/noframes/read/9411
The City of Nanaimo, where the Animal Rescue Centre’s office is located and from where adoptions are made, has no legal objections to the work being done.
What on Earth does the Regional District hope to win? Why pursue this endless vendetta towards a person and her animal group who have done so much to help the community’s animals? There is no money for the Region to win. It seems so irrational and vindictive.
What is done must reflect the needs of animals, not the whims or petulant dislikes of bureaucrats or people of perceived influence. It must also be determined if the SPCA, or people acting on their behalf, influenced the Regional District of Nanaimo in any way.