For many years the City of Victoria received complaints of dog-barking noise from the SPCA facility. Promises of remedy were made by the SPCA but little or nothing was actually done. Some people suggested that the SPCA was killing barking dogs and got themselves sued. The case was never litigated so we will never know the truth. BC SPCA President and Victoria resident, Rick Sargent, maintains that he was given the authority by the Board of Directors of the BC SPCA to negotiate an agreement with the City.

In September 2003, the City began Supreme Court injunction proceedings against the SPCA. the City and the SPCA agreed to a formal mediation session which took place on December 5, 2003. The mediation resulted in a agreement between the SPCA and the City which was ratified by both the Board of Directors of the SPCA and the Council of the City of Victoria and the agreement made in the form of a Consent Order of the British Columbia Supreme Court and was filed January 16, 2004. The Agreement, which Mr Sargent signed on the authority he maintains was given him by the BC SPCA, called for a long-term solution and some interim measures and included some significant contributions by the City to assist the SPCA.

Mr Sargent stepped down as President of the BC SPCA on May 29, 2004 and was replace by Mary Lou Troman.

The minutes of the June 26th meeting of the BC SPCA board, at which it says that it never gave Mr Sargent this authority, were only posted on the SPCA web site recently.

When Mr Sargent was made aware of the web site's minutes, he resigned as a member of the BC SPCA.
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The minutes of the June 26, 2004 meeting of the BC SPCA board of directors:

4.1 Victoria Shelter & Building Committee

It was reported that a meeting was held with the Mayor of Victoria on June 8, 2004. The Mayor has asked for written confirmation of how the Society is addressing the 16 provisions in the agreement with the City. It was noted that the City seems quite satisfied with the Society’s progress, but wants a status report in writing.

Gail Peterson noted that the assumption in the agreement is that there will be a new shelter built and that noise abatement issues are only a temporary solution. She noted that there was an implicit promise by the Society’s lawyer to the City that a new shelter would be built at no cost to BC SPCA with the required funding being raised through a capital campaign.

The President noted that at no time has the Board of Directors passed a motion authorizing the construction of a new facility and that furthermore no such specific motion has even been requested of the Board.

The President further noted that the agreement with the City of Victoria is open to interpretation and there had been a misunderstanding between the City and the Society’s board of directors. She noted that the board had given the former President approval to negotiate an agreement with the City and to sit on the Victoria Shelter Design & Building Committee and deal with the noise abatement issue, to the approved funding of $200,000. Any other activities would need to be submitted for consideration by the board prior to any approval being given and would need to include a business case for doing so, including budgets for any proposed capital and ongoing operating expenditures. It was clarified that the former President did not have board authority to make promises or commitments to a new building.

Red Lawrence noted that time was of the essence to reach agreement with the City of Victoria before the shelter would be closed due to noise complaints. He indicated that it was hoped that soundproofing would be completed to the City’s satisfaction and that, if not, any further development of the property would be subject to the board’s approval.

It was also noted that the board had previously established a process for any new facilities development and that copies should be provided to the new directors.

The CEO advised that the Victoria Shelter Design and Building Committee had been tasked with looking at all the options for the facility and to come back to the board with recommendations and a budget to implement the various recommendations. He clarified that the Committee reports to the Society’s board, not to the City.

Moved/Seconded/CARRIED that the CEO prepare a letter to the Committee on behalf of the board to clarify the issues, specifically what Phase I involves and what the Society’s commitment is to the City of Victoria. The letter will include timelines and parameters of the Committee’s work, and that it is to submit a report to the Board prior to the board’s next meeting.

It was also suggested that parameters be set for the former President to clarify that his position has no authority or power and no role in media relations on behalf of the Society.