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Horse seizure ruled unlawful
Agriculture minister's uncle takes SPCA to court

Keith Fraser
The Province

Tuesday, April 19, 2005

The uncle of Agriculture Minister John van Dongen has had the seizure of three of his horses by the SPCA declared unlawful and invalid.

Acting on an anonymous tip that the animals were in distress, the Society for the Prevention of Cruelty to Animals executed a warrant and took possession of the animals from owner John van Dongen Sr., a long-time horse breeder in Delta, on Dec. 2, 2003.

Van Dongen, believing the SPCA had exceeded its jurisdiction, filed a petition in B.C. Supreme Court challenging the seizure.

Madam Justice Carol Ross found that while van Dongen's behaviour toward the SPCA was "angry and difficult" and his conduct contributed to the "unsatisfactory state of affairs," he was responsive to their concerns.

The judge concluded that the SPCA failed to ask van Dongen to agree to consult with a veterinarian within 24 hours and agree to follow any recommendations for treatment.

"It follows that there was no basis upon which they could conclude that Mr. van Dongen had not or would not act promptly to relieve the distress," said the judge.

". . . the seizure was not authorized and was not lawful."

Van Dongen will have part of his legal costs covered and will also not have to pay an estimated $17,000 in costs related to the seizure, says his lawyer, Sandra Sutherland.

"[The judge] believed me 100 per cent," said Van Dongen. "She didn't believe the SPCA. We got everything we wanted except special damages."

The seized horses have been returned.

Van Dongen still faces charges of allowing an animal to be in distress but Sutherland said special prosecutor Peter Leask has not yet decided whether to proceed. Leask could not be reached.

SPCA CEO Craig Daniell said he was "obviously disappointed" by the ruling but, in the end, it came down to a lack of communications between the two parties.

kfraser@png.canwest.com
© The Vancouver Province 2005