SPCA pushing for tougher penalties

Elaine O'Connor, The Province
Published: Friday, January 13, 2006

The SPCA is pushing for tougher animal-protection laws after a Kaslo couple on trial for 13 counts of animal cruelty escaped this week with a suspended sentence and a 10-year ban on owning some animals.

Blaine Bennett and Judy Kurenka made headlines in November 2002 when investigators from the Society for Prevention of Cruelty to Animals seized 103 animals from their property, including three Barbary apes, one Japanese snow monkey, 11 marmosets, macaws and parrots, rabbits, pot-bellied pigs, horses, chinchillas, ducks, chickens, a llama, a rhea and a turtle.

The agency alleged many were kept in inhumane conditions. The couple entered a not-guilty plea in October 2003. On Monday, Bennett pleaded guilty in Nelson Provincial Court to an amended count under Section 24.1 of the Prevention of Cruelty to Animals Act. The 12 other charges were stayed.

If found guilty, the pair would have faced a maximum of six months in jail or a $2,000 fine per count.

Instead, the couple were not fined or ordered to serve time. Judge Ron Fabbro dealt them a suspended sentence of six months and a 10-year prohibition on owning exotic animals. They are permitted to own a variety of do-mestic animals: birds, cats, dogs, goats, cows, horses, goats, poultry and fish.

Crown prosecutor Sunday Patola agreed to the lesser sentence as "a compromise" that "would ensure a lengthy prohibition," she said.

The decision outraged Marcie Moriarty, the SPCA's general manager of cruelty investigations. "I don't think it reflects the severity of the crime, the number of animals involved and the severity of their condition," she said.

The SPCA alleged the primates were covered in filth and housed in a dark garage. Others lacked proper food, veterinary care or shelter. A pig, three rabbits and a chicken were in such poor shape they were euthanized. The agency visited the farm in June 2002 and warned the pair to improve conditions. Moriarty said she believed the couple, in their 60s, were living on assistance on a rural property and were in no position to keep animals.

In the wake of the decision, the agency is ramping up a campaign lobbying for harsher penalties for animal abuse. The agency posted a petition at EndAnimalCruelty.com demanding tougher laws and more funding. There are 5,000 signatures.

Minister of Agriculture and Lands Pat Bell said he has been in discussion with the agency and is willing "to work with them to review the act."