ENFORCEMENT OF THE PCA ACT

The Issue

SPCA Special Provincial Constables, have the power to investigate cruelty
allegations under both the provincial Prevention of Cruelty to Animals Act (PCA Act)
and the Criminal Code of Canada. Evidence is gathered and presented to Crown who
then determines if a case will be prosecuted. Most people would agree that people should
not be cruel to animals - that is, to cause an animal to suffer pain or injury, or bring about
harm or distress through neglect. But, having said that, there are issues and concerns:
� � Some people have noted that while the BC SPCA has the power to investigate
cruelty, it is not required to do so.
� � The laws need to apply to all, yet personal standards differ. While some consider
dogs to be members of the family, others view allowing a dog inside a family home
as culturally or aesthetically inappropriate.
� � The BC SPCA’s enforcement of the Act has focused on minimum physical care - up
to now the BC SPCA has not considered the psychological needs of animals in its
interpretation of the Act's neglect provisions. As well applied definitions of neglect
and distress are inconsistent.
� � While the Society receives $72,000 annually from the provincial government for
enforcement of the PCA Act, donations fund most of the cost of training and
deployment of our 90 BC SPCA Special Provincial Constables.

In seeking public feedback the BC SPCA asked a number of questions. Key among them
was whether the BC SPCA is meeting pubic expectations, its mandate and the needs of
neglected and abused animals in its current approach to the enforcement of the anti-cruelty
statutes. Input was also sought regarding the PCA Act and whether it is adequate to protect
all animals and whether the term “neglect” is being interpreted appropriately.

Public Feedback
The majority of submissions, both oral and written, are critical of the Society’s current
approach to enforcing provisions against cruelty. Clearly, those who have made submissions
with respect to the Act (over 150) expect the BC SPCA to do much more in meeting the
needs of neglected and abused animals. The common complaint is that the BC SPCA has
adopted the lowest possible standards when interpreting the PCA Act. While many remark
that they have filed complaints regarding animal neglect and abuse, often the BC SPCA’s
response is that there is nothing it can do if the animal in question has adequate food, water
and shelter.

BC SPCA Community Consultation
Summary Report and Recommendations 6
Many accuse the BC SPCA of hiding behind a law that is ineffective, stating that the Act
should have clear language that the BC SPCA is obligated to investigate cruelty. These
submissions go on to say that the BC SPCA must be more actively involved in preventing
cruelty, not waiting until an animal has completely deteriorated and may be beyond help.
Furthermore, submissions suggest that the BC SPCA should be lobbying for stronger
legislation that enables it take firm action in cases of neglect, as well as for legislation that
recognizes animals as sentient beings and not chattel. It is noted that the BC SPCA needs to
take a more proactive and aggressive approach to enforcement taking on cases that push the
boundaries.

Several submissions cite cases of tied-up dogs who spend their entire lives at the end of a
rope without social interaction or exercise and often without adequate food, shelter or water.
In their view, such cases constitute extreme cruelty and neglect on both a physical and
emotional level. Many want to see people aggressively charged, prosecuted and if found
guilty, imprisoned for such neglect and abuse, and be prohibited from having animals in the
future.

Most submissions strongly suggest that the BC SPCA is not interpreting or applying the
neglect provision of the Act at all. Some point out that the BC SPCA has the power to more
broadly interpret the neglect provision of the Act to include both physical and emotional
neglect and abuse.

One submission states:
“How is it that neglect, while included in the Act as a definition of distress has been
made invisible by the BC SPCA? The dictionary defines the word neglect as 1. to
ignore or disregard, 2. to fail to attend to properly, 3. to leave undone –n, 1. a
neglecting, 2. lack of proper care, 3. a being neglected – adj. There does not seem to
be any doubt in my mind that the ability to deal with neglect has been available to
the BC SPCA, but, for whatever reason, the choice has been made to overlook it.”
Submissions note that the BC SPCA is not being a true advocate for the individuals they
serve, resulting in other activist groups stepping up to fill the gap, i.e. Animal Advocates Society, Furbearers Association, Meow Aid, Greater Victoria Animal Crusaders, The
Responsible Animal Care Society, and Horse Protection Society. Many recommend stronger
cruelty enforcement of the Act with respect to rodeos, farm animals, animals at auction, the
fur industry and animals used for entertainment purposes.

Many submissions recommend that the provincial government fund enforcement of the Act
since it is their act.

As part of the community consultation process, the BC SPCA held three Deliberative
Dialogues concerning enforcement of the PCA Act. Deliberative Dialogue is based on
values and finding common ground in seeking solutions. Dialogue participants included
representatives of the legal and law enforcement professions, as well as representation from
the City of Vancouver and employees of the BC SPCA who work in Field Operations,
Animal Welfare, Education and Public Relations. This group put forward a number of
BC SPCA Community Consultation
Summary Report and Recommendations 7
recommendations that have been integrated into the overall recommendations of the
independent panel.

Recommendations
After review of all submissions -- oral and written -- it is the view of the panel that the BC SPCA has not kept up with public expectations regarding the prevention of cruelty and
enforcement of key provisions in the Act. There is a great deal of anger towards the BC
SPCA, with the public asking it to investigate and act on complaints of neglect. The
perception is that the BC SPCA is only enforcing a baseline approach to care – adequate
food, water and shelter.

The public wants the BC SPCA to reflect the changing values of society. This includes
recognizing animals as sentient beings with both physical and psychological needs. In saying
this, the panel believes that the BC SPCA has broad discretion with respect to its
interpretation of the Act. The Act itself may not need to change. However, the BC SPCA
needs to create internal species-specific standards and definitions by which it will enforce the Act. A first step would be to more closely define what constitutes distress, particularly the third branch of the definition – “neglect”. Neglect is not defined in the Act but should include, at least, social isolation, stress, lack of exercise, and cleanliness of surroundings.

A more comprehensive definition could be included in revised animal care guidelines.
Investigations would be based not on the likelihood of the court proceeding with a charge,
but on whether the standards of care set out in the BC SPCA’s animal care guidelines are
being met.

We are of the view that prosecution is the failure of prevention. We recommend that the BC
SPCA put a stronger focus on education, as a means of preventing cruelty. The BC SPCA
needs to raise the bar on what steps it requires animal guardians to take to prevent or relieve
distress.

In terms of building cases, we recommend that more training of Special Provincial
Constables is necessary to ensure proper investigative and evidence-gathering procedures are adhered to. The goal would be to bring forward some very strong cases and begin to build a body of case law. At the Deliberative Dialogues, it was noted by staff participants that Special Provincial Constables are willing to push the boundaries – but will need more tools
and training to do so. However, insufficient resources are not the only impediment in
bringing cases forward. It is well known that the Crown is overburdened and it is difficult to
convince them that cases involving animals should have a priority. Therefore, it is
imperative that the BC SPCA develop a liaison with Crown counsel to learn what they need
to build and prosecute cases, and how the BC SPCA can better educate the Crown on its
animal care standards. We point out that while the interpretation of the statute is ultimately
the task of the Crown and the Courts, it is the BC SPCA’s role, in practical terms, to
determine what the terms used in the PCA Act’s definition of distress mean.

The panel also recommends that the BC SPCA develop a process that allows the public to
track and measure the effectiveness of cruelty investigations.

BC SPCA Community Consultation
Summary Report and Recommendations 8
Our specific recommendations call on the BC SPCA to:
Urgent
� � Create a work group to revise the current “Animal Care Guidelines” to reflect
specific needs for all animals based on the ‘five freedoms’* and to include more
detailed language regarding the definition of “neglect”.
� � Establish two to three Special Provincial Constables in each of the 12 proposed
regions as experts in investigation and case law procedures.
� � Establish an “Animal Case Law Work Group” to develop a liaison with the Crown,
with the objective of conducting successful prosecutions that will build case law to
support future cruelty prosecutions.
Short-term
� � Develop species-specific “Animal Care Guidelines” for animals such as dogs, cats,
horses, farm animals
� � Provide “Animal Care Guidelines” to all new animal guardians as a covenant/
adoption agreement by which they will be measured; leave the guidelines behind
when investigating a cruelty complaint and provide guidelines to municipalities to
distribute when licensing dogs.
� � Mount public awareness and education campaigns focusing on responsible animal
care.
Long-term
� � Develop an accountability process so the public can track the effectiveness of cruelty
investigations.
� � Lobby Provincial Government to contribute more funds toward enforcement of the
Act.
Ongoing
� � Provide ongoing training in investigative procedures through the Justice Institute to
all BC SPCA Special Provincial Constables.
� � Provide ongoing internal training to Special Provincial Constables and other staff
regarding enforcement of revised “Animal Care Guidelines”.
*Five Freedoms
Freedom from fear and distress
Freedom from pain, injury and disease
Freedom from hunger and thirst
Freedom from discomfort
Freedom to express normal behaviour