Crown seeking 4-6 months jail and lifetime ban on owning animals for Brian Whitlock (Captain’s owner)

Supporter wearing a 'For the Love of Captain' t-shirt

Supporter wearing a 'For the Love of Captain' t-shirt

Today (June 4, 2013) was supposed to be the day that Brian Whitlock received his sentence from Provincial Court Judge David St. Pierre. But St. Pierre reserved his sentencing decision, saying he wanted more time to read everything and articulate his decision. As far as we know, the sentencing hearing will continue on June 12 at 2:00 PM.

If you are unfamiliar with this story, read the background here.

Crown Counsel Jordan Hauschildt mentioned the petition that Animal Advocates’ supporters signed. Thank you all for your help with this.

Hauschildt did not ask for the maximum sentence of 5 years of imprisonment (which is what we asked for in the petition), but he did ask for a lifetime ban on owning animals. We are hopeful that in this case the lifetime ban will be imposed (unlike the recent story of the kitten torturer who only received a two-year ban).

Read more (from the Vancouver Sun) here.

We will update you when we know more.

- Adam Lang, North Vancouver, BC

Posted in Captain

More witnesses to severe abuse told by the BCSPCA it can’t do anything without proof of it happening at the moment

I had information on an owner who neglects there dogs, beats and abuses them. I’m not exactly sure how to do this this is my first time. Please get back to me soon I will give you all the information I have I don’t have proof, a video or picture but I do have eyes and I witnessed this all happening. I also have a friend who saw it happening. I called the bcspca for a case, me and 2 other people.  It seems that they can’t do anything without actually proof of it happening at the moment. All I can do is give them the information I had with what I remember and the time it was around.

My friend was looking after the dog (chihuahua) when the owner was away and took the dog to be x-rayed and saw that the leg was deformed (after being beaten) it had really bad hip problems and the gums on in it’s mouth was completely swollen and the dog had missing teeth (pretty bad teeth for it’s age).

She gets pets such as rabbits/dogs, her last last boyfriend purchased a great dane  (for breeding purposes) he also purchased a corgi  for her as a gift, and she always had her first dog which is a chihuahua (the one with swollen gums and bad hips) and also she had a pomeranian (bought for breeding purposes as well). Eventually they broke up she took all the dogs except for the corgi.

Every single dog in her and his care had broken legs and just wasn’t cared for properly. The great dane was left outside in the cold on the balcony all night in the freezing rain I witnessed it all and tried to let her back in but was unfortunatly caught and was told “just leave her outside” at the time I was “friends” with them. The corgi suffered scars on her head, a broken and severely swollen back leg she was only 3months old. around the 5th month mark they told everyone that the dog had jumped off the balcony and her neck broke in half and she died. The great dane was kicked in the chin with the tip of a shoe so hard I could hear her whimpering.

When they broke up she took the great Dane the pomeranian and her chihuahua. I asked her if I could take the pomeranian and care for it she told me “if you can potty train her you can keep her” which I did potty trained her teach her tricks, gave her a loving home eventually I was dishing out alot of money for the dog so I decided the dog is mine. I registered her and licensed her I have spent more then 1grand at least on all her injuries and rotting teeth.

So we filed animal cruelty against her. I guess I was really hoping for it to be an open and shut case where me and another person witnessed the beatings and abuse but it’s disappointing how me just seeing all of it happen in front of my own eyes wasn’t “proof” enough.

- Unsigned

 

Posted in Animal Welfare Laws, Tell and Run

Another beaten dog report – SPCA can’t help

Sent: May-24-13 2:39 PM
To: ANIMALADVOCATES@TELUS.NET
Subject: Neglectful and abusive owner.

Hi, I have information on a owner who neglects their dogs, beats and abuses them. I’m not exactly sure how to do this this is my first time. I don’t have proof, a video or picture but I do have eyes and I witnessed this all happening. I also have a friend who saw it happening. Because the owner of the dog was a friend no longer in communication with her though. I called the bcspca for a case, me and 2 other people. Seems that they can’t do anything without actually actually proof of it happening at the moment. All I can do is give them the information I had with what I remember and the time it was around.

Animal Advocates sent this email to the BC SPCA:

This account speaks to the matter of a lack in the PCA Act so that the SPCA can’t charge a person with cruelty based on witnesses’ reports, for example in the below email account and in the matter of the beaten Boston Terrier in Cowichan, where the beating was very public and where there were several willing witnesses.

I don’t know enough law to know if the Hong-Kong’s section 4 could allow also for the seizure of the allegedly beaten animal.  I would hope so.

Can you please reply with any information or opinion that the SPCA has regarding the usefulness of Hong-Kong’s Prevention of Cruelty to Animals Ordinance, Section 4 and whether the SPCA is considering, or will consider, asking for an amendment to the PCA Act that would allow the SPCA to arrest the beater and seize the beaten animal?

- Judy Stone, North Vancouver, BC

This story has been updated with more information.

Posted in Animal Welfare Laws, Tell and Run

ABANDONED AGAIN! WHO’S LOOKING OUT FOR SLED DOGS?

2011 sled dog regulations have no teeth.

When in 2011 news of the slaughter of as many as 100 off-season sled dogs after the Whistler Winter Olympics in 2010 hit the internet, the BC Liberal government tried to douse the world-wide conflagration of rage with impressive-sounding regulations around the keeping of sled dogs.  Followers of this stage-show were not impressed with many aspects of the regulations. (Read the regulations)

The regulations seemed produced more to protect the Liberal government from the rage and to divert attention away from the BCSPCA, which could have prevented the slaughter, than to protect sled dogs

The Whistler News has never let this story drop and now presents the evidence that reveals that the regulations have no teeth – and it seems – no enforcement.

Read the Whistler News story at 70 Sled Dogs Disappear From Mount Currie Facility

- Judy Stone, North Vancouver, BC

Posted in Sled Dogs

Could Hong-Kong’s Animal Cruelty laws have been used to arrest the beaten Boston Terrier’s owner?

Could Hong-Kong’s Animal Cruelty laws have been used to arrest the beaten Boston Terrier’s owner?

Back story:  April 23, 2013 Cowichan BC: Chris Davies and other witnesses saw a man beating his Boston Terrier (read whole story).  In spite of there being willing witnesses the SPCA was unable to arrest the dog’s beater.
But Section 4 of the Hong-Kong Prevention of Cruelty to Animals Ordinance may have made it possible for the SPCA to arrest the terrier’s owner.

Section: 4 Power of arrests, seizure, entry and search
(1) Any senior veterinary officer, any other officer of the Agriculture, Fisheries and Conservation Department of the grade of Field Officer II and above and authorized in writing by the Director of Agriculture, Fisheries and Conservation, health officer, health inspector or police officer may arrest without warrant any person who he has reason to believe is guilty of an offence against section 3 or against any regulation under this Ordinance, whether upon his own view thereof or upon the complaint and information of any other person.  

If that means that the police and/or the SPCA could have arrested the Terrier’s beater on the information given by witnesses without there being proof of
distress, then perhaps the section should be added to the BC PCA Act.

~ Judy Stone, North Vancouver, BC

Posted in Animal Welfare Laws

Can Hong-Kong’s animal protection laws be used to ban rodeo in BC?

Could wording in the Hong-Kong Prevention of Cruelty to Animals Ordinance be used to ban rodeo in BC?  The Honk-Kong law specifies that being “infuriated” and “terrified” are against the law. Rodeo animals are “infuriated” and “terrified” into performing by the use of  goads such as chinches, electric prods, and spurs.  The  BC Prevention of Cruelty to Animals Act’s definition of distress (cruelty) does not specify “infuriated” or “terrified”. If it did, could it be used to shut down rodeos in BC?
Hong-Kong Prevention of Cruelty to Animals Ordinance Section: 3
(1)   Any person who-
(a) cruelly beats, kicks, ill-treats, over-rides, over-drives, overloads, tortures, infuriates, or terrifies any animal, or causes or procures or, being the owner, permits any animal to be so used, or, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal.

All the Hong-Kong definitions of cruelty, even “infuriates” and “terrifies”, are generally covered in the BC Prevention of Cruelty to Animals Act under its definitions of distress, specifically “suffering” and “abused”.  (http://www.spca.bc.ca/assets/documents/cruelty/pca-act.pdf):
BC PCA Act:(2) For the purposes of this Act, an animal is in distress if it is
(a) deprived of adequate food, water, shelter, ventilation, light, space, exercise, care or veterinary
treatment,
(a.1) kept in conditions that are unsanitary,
(a.2) not protected from excessive heat or cold,
(b) injured, sick, in pain or suffering, or
(c) abused or neglected.

But “infuriates” and “terrifies” may be hard to prove as “distress” in a BC court.  Animal Advocates Society would like to see “infuriates” and “terrifies” added to the above definitions of distress in the BC PCA Act.

Hong-Kong Penalties ….shall be liable on summary conviction to a fine of $200,000 and to imprisonment for 3 years.
BC’s  summary conviction penalties are $75,000 and/or 2 years.

~ Judy Stone, Vancouver BC

Posted in Can the Honk Kong laws be used to ban rodeo in BC?

Brian Whitlock pleads guilty

Brian Whitlock

Brian Whitlock

Brian Whitlock pled guilty to animal cruelty on Tuesday April 9. He will be sentenced in June (almost a year after Captain was found in the dumpster).

If you are unfamiliar with this story, read the background here.

Whitlock now faces a possible sentence of up to five years in jail, a $75,000 fine, and a lifetime ban on owning animals.

We would like to share more with you but the publication ban prevents us from doing so.

Thank you so much for signing the petition and caring about Captain.

- Adam Lang, AAS Assistant, North Vancouver, BC

Posted in Captain

DYING MISS DAISY

A letter from D.R.

 Dear AAS,   I found her smashed and broken on the side of the road. She had no collar and no ID just as though she had no reality – a RESERVE THROW-AWAY DOG. I put a collar and a tag on her when I picked her up just to give her a moment of someone caring that she existed. I named her Miss Daisy – no reason really.

It was so horrible. But I stroked her and talked softly to her while he administered the final injection.
Then I lit a candle for her when I got home.”

AAS comments:  If only there was a big network of rescuers taking all unwanted dogs off the reserves Miss Daisy’s short life wouldn’t have ended so sadly.I believe that if the hundreds of women, who are so self-importantly importing dogs from the U.S. and Iran and Mexico and Taiwan and many other countries and other provinces, would band together to clean up the reserves with free spay/neuter, take the unwanted and uncared for dogs, and to pull all the dogs out of our own high-kill pounds, we can make our province “NO DOG KILL  BC”.

But would that get the media stories lavish in their praise of the importers? And short on questions about BC dogs dying like Miss Daisy.  And short on question about the standards of care of the imported dogs once they get here.  And short on questions about the money.

Watch for more.

- Judy Stone, Vancouver, BC

Posted in "The Importers"

Brian Whitlock’s arraignment hearing adjourned

Animal activists outside Vancouver Provincial Court on March 28 2013

Another day in court, another delay…

We were in the courtroom on March 28 for Brian Whitlock’s arraignment hearing. Unfortunately — and predictably — it was adjourned at the request of Whitlock’s lawyer. The new date for the arraignment hearing is Thursday April 4 at 9:00 am. We will keep you posted.

- Adam Lang, North Vancouver, BC

Posted in Captain

Brian Whitlock’s arraignment hearing

We were in court today and found out that Brian Whitlock’s arraignment hearing (where he will plead guilty or not guilty) has been set for March 28 at 9:00 am.

We will attend and let you know what happens.

- Adam Lang, AAS Assistant, North Vancouver

Posted in Captain