March 18, 2006
To: The Honourable John Les, Solicitor General of British Columbia and The Honourable Pat Bell, Minister of Agriculture of British Columbia
Cc: all members of the British Columbia Legislature
This submission proposes a process by which enforcement of The Prevention of Cruelty to Animals Act can be improved within the province of British Columbia, We are addressing this to both Ministers as reform of the animal cruelty investigations is a joint responsibility under the Prevention of Cruelty to Animals Act and the Police Act.
Issue: Improving the effectiveness and efficiency of animal welfare and animal cruelty investigations throughout the province.
Background; On the one hand the SPCA is a public body in terms of having statutory power to deliver its animal welfare services but its legal status as a non-profit society excuses its records from the purview of the Act, a peculiar status, and one which we feel needs review.
The Agriculture Minister has responsibility for the Prevention of Cruelty to Animals Act and the Solicitor General for policing;
In 1994 by amendment to the Prevention of Cruelty to Animals Act the SPCA was appointed to enforce the Prevention of Cruelty to Animals Act in those areas where it operates. Peace Officers are responsible in other areas;
The Province does not fund the enforcement or other operations of the SPCA.
The problems we are experiencing today were forewarned by concerned members of the legislature at the time the amendment was passed.
From Hansard 1994 Legislative Session: 3rd Session, 35lh Parliament
Member H. de Jong:
"It's a very strange kind of privatization: giving police powers to a private organization.. to have a say in the policies adopted, you would have to buy a membership. ... police powers are extended province wide to a single private society - albeit a well-respected and sincerely dedicated organization. The question is though: what other society has similar jurisdiction extended beyond the confines of Us voluntary membership to the general public? I believe that police powers ought to be exercised by the police. "
Is the reason for the monopoly in this bill administrative convenience?"
"The trouble with setting up schemes you can't afford to police adequately is that you open up the door to discretionary enforcement. There will always be the potential for favoritism and similar sorts of abuse."
"If a farmer was a strong critic of the government (or the SPCA), would government inspector (or SPCA inspectors) look at his animals more critically than those of his neighbours, or would you have a new make-work project, looking for problems that aren't really there?-" What is riper for empire building than a legislated monopoly."
(This is) a quick fix, a superficially appealing solution which contains many hidden pitfalls and unforeseen consequences.
Not the least of these is the dangerous precedent in endowing any private organization, no matter how benevolent, with police powers bolstered by statutory immunity from damage claims."
Analysis: Animal cruelty continues to occur across the province of British Columbia. Unfortunately, the current system of investigation is not effective. (Please see the accompanying pages for a summary of recent problems covered in the media where the system was not effective in deterring cruelty or responding appropriately when cruelty is detected.)
The current system lacks transparency and accountability in respect to the
enforcement activities of the SPCA;
The current system provides the SPCA with powers to investigate and enforce the Prevention of Cruelty to Animals Act but does not provide a positive obligation that it do so:
Responsibility for enforcement in areas where the SPCA does not operate falls to "Peace Officers". This means there is no specific responsibility for enforcement. In addition, there is no mechanism for assuring consistency in standards or enforcement across the province;
The SPCA is placed in a potential conflict of interest between the need to raise funds for its Operations and its obligations as a special policing agency;
Under the Prevention of Cruelty to Animals Act the SPCA is mandated to be the agent for the animals. This agency relationship puts the SPCA in direct conflict with its own practices of enforcing animal control bylaws under its many Animal Pound contracts throughout the province.
On one hand the SPCA is supposed to be intervening on the animals behalf and on the other hand it is working against the animals on behalf of the municipalities, impounding and disposing of animals which have been neglected, abandoned or abused by their owners. There is no supervision of the SPCA in either of its dual roles.
The Prevention of Cruelty to Animals Act should be handled independently of the SPCA or any other non governmental body. This is a governmental responsibility and should be a function of government.
Animal welfare and the enforcement of cruelty laws are separate functions and should not be carried out by one and the same organization.
At present the SPCA is accorded the privilege of overseeing other registered animal charities and animal welfare organizations yet there is no neutral body available to the public that includes a formal mechanism for bringing forward complaints against the SPCA. This allows the SPCA to avoid investigating its own actions or to reduce them to an internal issue outside the scope of public scrutiny.
Options:
Retain current enforcement responsibilities;
Establish an independent Authority with responsibility for enforcement of the Prevention of Cruelty to Animals Act;
Establish an independent Authority to regulate enforcement by the SPCA, municipalities and other, responsible agencies.
Recommendation:
Establish a consultative committee to engage key stakeholder groups in evaluating how enforcement of the Prevention of Cruelty to Animals Act can be improved and reformed. As spay and neuter programs have clearly been demonstrated to be the key to minimizing animal cruelty this is an area that that can be studied in more detail.
The following examples, some very public and reported on by the media, illustrate the serious shortfalls and questionable judgment used in a number of instances against citizens and organizations of this province, whereby animals have been seized by overzealous constables from the SPCA while at the same time horrific cases of abuses were exposed at one of their own municipal branches.
Burnaby Now reports "SPCA under attack " 03/23/2005 (see enclosure) Burnaby SPCA employee(s) in November, 2003 alleged to have committed 22 documented abuse and cruelty incidents of animals in their care. BCSPCA investigates itself. No information available to find out what, if any disciplinary actions or prevention of this abuse was taken. Employee(s) involved in these incidents still employed by BCSPCA.
The Vancouver Sun Westcoast News The Daily Special April 29,2004 (see enclosure) Barbara Yaffe, Columnist reports on the SPCA 'A Prison Camp For Animals'. Neglect of suffering animals and excessive euthanasia happen too often at society shelters, two insiders say.
The Province, Sunday. June 13, 2004 (see enclosure) Jon Ferry, Columnist reports "BCSPCA should be probed by someone with bloodhound nose" The scandal plagued SPCA- needs a radical overhaul.
The Vancouver Sun April 19, 2005 (see enclosure) The SPCA vs Mr. Van Dongen , Visits by special constables to the farm between February 22, 2003 and April 5, 2003 Supreme Court Justice Carol Ross finds the defendant not guilty. December 23, 2004 Seizures by the BCSPCA called "not authorized and unlawful!" Actions by the SPCA officers "troubled" the judge.
VANCOUVER/CKNW AM 980 April 2005 broadcast. A Provincial Court Judge has dismissed animal cruelty charges against the father of BC Agriculture Minister John Van Dongen. The judge says there was enough reasonable doubt to dismiss the case against Quirinas Van Dongen. Over 70 animals were seized from his Abbotsford farm last year. Van Dongen alleges he was targeted by the BCSPCA.
The Province, Thursday, September 02, 2004 ran several articles, one of which was titled: An uproar over a 10-month-old pooch named Cheech has resulted in the SPCA's contract in Delta not being renewed. When the BCSPCA revealed it was about to kill a young dog a public outcry erupted that resulted in the BCSPCA losing its contract with Delta. This was reported on extensively by media outlets including CTV which even updated the rescue story on June 16,2000 one year later.
The Richmond News, March 10, 2004 by columnist Darah Hansen - Raid on private organization Forgotten Felines October 10, 2003. Penny March and Serge Belley owners of the home in Richmond BC. October 31, 2003 complaint against SPCA filed with RCMP Complaints Commission. The Richmond News October 31, 2003 "SPCA Investigate Forgotten Felines". The article begins: "Volunteers say the PCA should stop picking on a privately run cat shelter in Richmond".
Other examples illustrating where there has been serious pitfalls and inadequacies by the SPCA in administering the Prevention of Cruelty to Animals Act and safeguarding the well being of the animals and the rights of the public:
Beaverdell puppy mill well known for many years. SPCA fails to act on numerous previous complaints. July 3, 2002 Kelowna SPCA seizes the dogs and kills them. February 7, 2003 Media Release Candlelight Vigil to be held for Beaverdell victims-SPCA Actions Questioned, While Citizens Mourn Killing.
Jilda Cooke, Chilliwack resident had 19 cats seized and killed by BCSPCA on
April 6, 2003. Left behind were 20 - 40 mostly unsprayed and unneutered cats, some pregnant, despite their own veterinarian attending who recommends neutering animals to prevent population explosion. Chilliwack Newspaper is on hand during seizure and publicizes Chillwack SPCA appeals for donations . BCSPCA returns approximately 5 times between May and November 2003. Cat population has doubled. November 21, 2003 the BCSPCA seizes 52 cats and kills 18. Chilliwack newspaper is on hand for seizure and again publicizes SPCA's appeal for donations to support the sei2ed animals. However they still leave behind 25 cats, mostly unsprayed, pregnant and nursing. Cooke is charged and convicted of cruelty to animals.
SPCA v Beverly and Ronald Bily
Hearing and Judgment August 10, 2004 Vernon, BC File: 38649-1 Case was stayed due to Charter being violated. SPCA officers lost all their notes and disclosure requests were ignored by the SPCA so defense couldn't prepare.
SPCA raids Big Dog Rescue December 20, 2004 Beth and Charles Butler, Likely meanwhile BCSPCA was off-loading dogs to Big Dog Rescue when they had a "shelter" in Langley, BC.
Donna Liberson
Animal Rights Coalition,
Vancouver, BC