Nanaimo Regional District sinks legal claws into local animal shelter

By Scott Neufeld
The news Bulletin
Jun 07 2005

Nanaimo Regional District has launched court action that could shut down Walker's Animal Rescue forever, says owner Stephanie Walker.
Walker said this is not the first time the district has tried to shoo her away and she is tired of being harassed.
"I've moved three times and lost my home due to them," Walker said.
The Nanaimo Regional District is accusing her of adopting out animals from her home in Cedar, but Walker said adoptions are only done through her downtown office.
The shelter takes in cats with AIDS and other animals that would be put down by the SPCA if she didn't take care of them, Walker said.
The Nanaimo Regional District has no evidence pets are being adopted from Walker's home, said Walker's lawyer John Jordan.
He added Nanaimo Regional District bylaws don't limit the number of animals allowed on rural property.
The regional district initiated the court order to force the property owners to comply with the district's rural zoning bylaw, said development services general manager Bob Lapham.
"(The bylaw) doesn't permit the boarding or adoption of animals," Lapham said. "You can keep farm animals but you can't keep household animals beyond the bounds of what is normal."
While Lapham admits the bylaw doesn't specifically prohibit boarding animals or animal adoption he said the district believes its interpretation of the bylaw will hold up in court.
If Walker wants to use the land as an animal shelter the owners need to apply for rezoning, Lapham said.
Walker questions the Nanaimo Regional District's motives for trying to force her off the property she is renting.
"What are their intentions? What is their end goal that all these animals are euthanized?"
Walker believes the district and the SPCA are trying to force her out of business. The day after being served with the court order two unmarked SPCA vans showed up at her home.
She said one of the SPCA constables asked her several times if she gave animals up for adoption from her home.
Marcie Moriarty the SPCA's general manager of cruelty investigations, eventually revealed the SPCA investigated Walker's office and her home after receiving several complaints. No evidence of animal abuse was found and the case is now closed.
Moriarty said the SPCA only deals with complaints of animal cruelty and does not enforce bylaws on pet adoption.