A primer on the OSPCA... January 2007

The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) operates with an annual budget in the vicinity of $12,000,000. A private charity, it is the only animal welfare agency in the province of Ontario with police powers.

Formed in 1873, the OSPCA officially adopted “Ontario Humane Society” as its working name in the 1960’s. In 1919, the Province enacted the Ontario Society for the Prevention of Cruelty to Animals Act, sometimes referred to simply as the Animal Act.

The Act provided the first legal authority for Inspectors and Agents, giving broad police powers to the officers and establishing the OSPCA as an independent charitable organization. Over 40 additional, independent humane societies enjoying these same powers would pop up over the next few years.

In 1955, the government revised the Animal Act feeling the reputation of the humane movement might benefit by the creation of a provincial umbrella organization. Section 10 of the Animal Act was introduced. Small, independent humane societies, in danger of losing their police powers, quickly moved to affiliate themselves with the new provincial organization.

Between 1960 and 1970, the OSPCA grew and added branches. Strife between branches, which are funded and staffed by the OSPCA, and independent, self funded affiliates who pay the provincial office to have an OSPCA Inspector or Agent with police powers operate in their area, remains an issue to this day.

Under the Animal Act, the OSPCA trains their Inspectors and Agents. The province grants $119,000 annually for this purpose. Posted job requirements are a high school diploma and a driver’s license. After successfully completing a two week (Inspector) or one week (Agent) training course, police powers are granted. OSPCA Chair Jim Sykes admits this is less than ideal.

In 2004 the OSPCA received in excess of $5.8 million in donations, $1.8 million in shelter and veterinary revenue and $1 million in municipal pound contract revenues. Additionally, the province agreed to a one time $1.8 million grant to clear up a shortfall allegedly caused by years of deficit budgeting.

Administration of the provincial Animal Act falls under Monte Kwinter’s Ministry of Community Safety and Correctional Services (MCSCS). Administration of the OSPCA does not. Minister Kwinter states that unless charitable law is violated, ”the operations of the OSPCA, including investigations, are internal matters for the organization to address.”

This blatant lack of concern on the part of the province is shocking in view of recent events.

Spring 2006, twenty nine OSPCA board members resigned. In a letter addressed to Minister Kwinter and Premier McGuinty resigned directors state: “the government is well aware of the problems (at the OSPCA) urging that their resignation be regarded “as a request for intervention…” The letter claims “outdated legislation and dysfunctional governance" forced the organization to "irresponsibly and immorally squander donor and taxpayer dollars in an unsustainable and wasteful fashion." Board members “feel strongly that government, not the humane society should be in charge of enforcing laws to protect animals and to prosecute offenders.” (Toronto Sun May 15, 2006.)

Province wide allegations of abuse of police powers including animals being seized and returned days later in exchange for payment, of criminal charges being dropped in exchange for payment, and allegations of harassment and intimidation by OSPCA enforcement staff have yet to be acknowledged or investigated.

Troubling statistics…. a seven fold increase in the number of animal cruelty charges laid during Mike Draper’s tenure as Director of Investigations. This despite a drop in the number of complaints.

2000
2004

Complaints

16,166

15,993

Orders to Comply

827

2,252

Search Warrants Executed

57

296

Criminal Charges Laid

97

695

Better Farming magazine in it’s April 2006 issue writes “…confrontations between the OSPCA and farmers or livestock owners whose premises have been raided or whose animals have been seized have been numerous and bitter.”

In January 2007 Niagara Falls aldermen publicly expressed grave concern about numerous complaints received regarding the demeanor of Humane Society staff.

“We’ve been saying the system has been broken since the late 1980s,” says Crystal Mackay, executive director of the Ontario Farm Animal Council (OFAC), which represents tens of thousands of livestock and poultry farmers, associated businesses and organizations across Ontario.” as quoted in Better Farming’s April 2006 issue.

In 1989 the Ontario Federation of Agriculture (OFA) formally requested the province remove police powers from the OSPCA.

Members of the provincial activist group “the MOVEMENT TO REFORM THE OSPCA ACT” are working together with politicians, the legal community, mainstream and farm media and victims of the OSPCA, seeking to put a long overdue, permanent stop to the abuse of police powers by the OSPCA.

Although favourably impressed by new OSPCA board chair Jim Sykes in a recent meeting, the MOVEMENT TO REFORM THE OSPCA ACT is of the opinion much more than a new board, a new CEO and staffing changes at the OSPCA are required.

The Ministry of Community Safety and Correctional Services is clearly in violation of it’s mandate: to ensure “that Ontario's communities are supported and protected by law enforcement and public safety systems that are safe, secure, effective, efficient and accountable.”

Mr. Sykes, also the current President and CEO of the Hamilton/Burlington SPCA, is aware of these concerns and spoke about some innovative solutions currently being explored by the OSPCA and the province. While agreeing improvement is needed, he firmly stated a quick fix would not be forthcoming.

For those still smarting financially, legally and emotionally from treatment received at the hands of the OSPCA during the tenure of former Director of Investigations and acting CEO Mike Draper who resigned January 2007 to pursue a career as Sales Barn Inspector for the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), there appears to be a light at the end of the tunnel.

Let’s hope it’s not just another train.

Contributed by Carl Noble, resigned OSPCA Director. (reformanimalcrueltyact@hotmail.com)