http://www.animalsos.org/AnimalSOS/Articles/E1813187-0E0D-4273-A64A-948AB020ECB8.html

Sunday, June 18, 2006

Media Release

Protesters call for removal of Police Powers from Ontario Society for the Prevention of Cruelty to Animals (OSPCA)

For further Information, please contact: Carl Noble, R.R. #1, MAR, ON N0H 1X0

PH: 519-534-3988 or FAX: 519-534-0769

June 14, 2006—On Saturday, June 10, 2006, 26 animal owners together with a former Ontario SPCA board member protested against the OSPCA at their Newmarket Headquarters. The protesters traveled from across Ontario to draw attention to the abuse of powers by the provincial organization. The two hour protest, held prior to the start of the OSPCA Annual General Meeting, highlighted the plight of farmers and other animal owners who have experienced the emotional and financial damage that can occur when a private agency is given police authority with no oversight and accountability.

Under the Ontario SPCA Act this charitable organization is mandated to enforce laws designed to ensure animal welfare. Protesters claim that as a private police force, funded primarily through public donations, there is little in the way of checks and balances to ensure this unique policing arrangement is used responsibly or fairly. Protesters represented hundreds of Ontario animal owners too afraid of retribution to attend the orderly demonstration. They believe the chronically under funded organization has to rely on publicized animal seizures and Criminal Code charges to sustain itself. The OSPCA’s own statistics show a six-fold increase in charges since 2000. Yet no statistics are kept to show the number of charges that are dismissed or won by the accused. No public apologies are ever issued to clear the names of those wrongly accused. And their seized animals are often sold, destroyed or adopted out by the OSPCA.

Justice Anton Zuraw agrees. In a 2005 acquittal verdict, the Hamilton Judge labeled the OSPCA (Hamilton Burlington SPCA) “a private police force empowered in cases involving animals to lay charges and seize property, using these charges or seizures to campaign for funds for their private coffers.” "The Hamilton SPCA (local OSPCA affiliate) was more interested in raising money than saving what it believed were abused horses.”

So too does Ontario Court Justice Peter Griffiths who ruled in 2003 that the OSPCA had conducted an illegal search by withholding information in obtaining a search warrant. The judge ruled the men's Charter rights not to be unreasonably searched had suffered "a breach of the highest order".

Whether financial desperation or lack of experience and training is contributing to overzealousness by the OSPCA, it is not just Ontario animal owners who are demanding change. A mass resignation of more than two-thirds of OSPCA board directors between March and May 2006 was explained by former Treasurer, Garnet Lasby who told media: "The OSPCA should be involved in welfare of animals and education, not in criminal investigations and prosecutions." "That should be a government role, but they won't change the OSPCA Act unless there's public pressure." Bonnie Deekon, another resigned Board member states: “…it should be obvious to anyone who examines the situation that “government should step in and control inspections, investigations and prosecutions for abuse and cruelty.””

For the first time in recent memory, the OSPCA held a closed Annual General Meeting attended by the Society’s 7 remaining directors, investigators and a representative from Monte Kwinter’s office. What was discussed or decided remains unknown.

For further Information, please contact: Carl Noble, R.R. #1, MAR, ON N0H 1X0

PH: 519-534-3988 or FAX: 519-534-0769

Government, not the humane society, should be in charge of enforcing laws to protect animals and to prosecute offenders.

"The OSPCA should be involved in welfare of animals and education, not in criminal investigations and prosecutions." "That should be a government role, but they won't change the OSPCA Act unless there's public pressure." Recently resigned OSPCA director, Garnet Lasby

POLICE POWERS IN THE WRONG HANDS?

Documented evidence of serious abuse of police powers by the OSPCA exists

The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) has enjoyed policing powers for decades.

Mandated by the Province to ensure the welfare of animals throughout the Province, they rely heavily

on public donations and are permitted to operate “virtually autonomously” under

Monte Kwinter’s Ministry of Consumer Safety and Correctional Services.

· “They (the OSPCA) need publicity to raise funds” Crystal Mackay, executive director of the Ontario Farm Animal Council (OFAC) 2006.

· Labeled “a private police force empowered in cases involving animals to lay charges and seize property, using these charges or seizures to campaign for funds for their private coffers.” by Justice Anton Zuraw 2005 in an acquittal verdict (for the Hamilton-Burlington SPCA)

· Judge rules OSPCA's Charter breaches were "of the highest order" Cosgrove J. ruling Ottawa Citizen April 2003.

· “…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. “(Better Farming April 2006)

· "The Hamilton SPCA (member of the OSPCA) was more interested in raising money than saving what it believed were abused horses" and that he has dealt with "what is truly some of the most bizarre evidence I have heard in close to 40 years." Justice Anton Zuraw, Hamilton 2005

· 1989 Ontario Federation of Agriculture president Brigid Pyke formally asked the Agriculture Minister and the OPP to take over jurisdiction for farm animal welfare.

· “We prefer public law enforcement because the process is fairer and more transparent.” (www.betterfarming.com April 2006)

“There is nothing new about the problems with the OSPCA and the system under which it operates. They just aren’t widely known by the public.” Leslie Ballentine, former Ontario Farm Animal Council (OFAC) executive director, 2006.

Help us continue the 17-year effort to reform Animal Protection Enforcement in Ontario

REMOVE POLICE POWERS FROM THE OSPCA

Even Canada’s chief law officers are frightened of the OSPCA’s powers: “Indeed, we had one of the senior justice department officials testify before the committee and refuse to disclose how he disposed of rodents and other pests on his farm property outside of Ottawa. The suggestion being he did not want to land up in some kind of criminal charge.” Present Attorney General of Canada, Vic Toews comments in Parliament (2003)

what more reasons do animal owners need to be concerned …?”

Contact us at reformanimalcrueltyact@hotmail.com