Animal Cruelty in Your Community: What can the BC SPCA do?

Presented by: Marcie Moriarty General Manager of Cruelty Investigations

Cruelty Investigations Department

The primary role of the Cruelty Investigations Department is to investigate reports of cruelty against animals in the province of BC, and take the necessary steps to alleviate that animals distress

Two Objectives to Every Investigation

Primary Objective is to assist the animal and relieve it of distress Secondary Objective is to decrease the likelihood of repeated abuse through:
Education Cooperation Deterrence (legal proceedings)

Prevention of Cruelty to Animals Act

The BC SPCA derives its powers of investigation and ability to relieve an animal of distress from the PCA Act Section 10 of the PCA Act empowers the Society to appoint Authorized Agents to enforce the Act An Authorized Agent may exercise the powers of an authorized agent under the Act or any other law relating to the prevention of cruelty to animals, but ONLY if he or she has been appointed as a Special Provincial Constable (SPC) under the Police Act.

Basic Investigation Flow Chart

Initial Complaint received Valid - Animals found in Distress Not Valid - end of investigation

Order Issued - compliance on recheck - end of investigation

Order Issued - non- compliance on recheck (may issue new orders or provide additional time)

Obtain Warrant - attend at property

Owner relieves animals of Distress - animals not seized -situation monitered

Animals are Seized - owner unable/not willing to relieve distress

Disposition of Animals - not returned to owner

Animals Returned to owner pursuant to a Care Agreement

Initial Complaint
Important to obtain as much information as possible from the complainant:
Information about the animals (type, number, area of concern) Location of the animal Name of the Owner

Once a complaint is received, an SPC is sent out to investigate the complaint and determine whether the animal is in distress The more information the better as often times the conditions are hazardous and officer safety is paramount.

Attendance at the Property

In order to enter private property, a person must have the right to be there. This right will either be by:
Consent of the owner; A right of inquiry; Upon observing an animal in critical distress (as defined by the Act, and does not apply to entry into a dwelling house); By search warrant; or Right of inspection.

Is the Animal in Distress?

Section 1 of the PCA Act defines distress as follows: (a) deprived of adequate food, water, shelter, ventilation, space, care or veterinary treatment; (b) injured, sick, in pain or suffering, or (c) abused, or neglected.

Education and Order Forms

Secondary objective of any investigation includes education to prevent repeated abuse Goal is to provide the owner with the information and tools to relieve the animal of distress and ensure the continued well being of the animal If the SPC finds areas of concern, they issue instructions to the owners in the form of Orders Some of the reasons for the order include:
Provides the owner with a clear outline as to the concerns the SPC has for the animal; Provides the owner with the opportunity to relieve the distress Prevents the owner from claiming a lack of instruction

Non Compliance: Whats next?

If the owner has failed to comply with the terms of the order and the animals are still in distress, an SPC has the power under the PCA Act to apply for a search warrant Two key elements the must be present before a search warrant can be issued:
Reasonable grounds; and Animal is in distress

Taking Custody of an Animal

Primary reasons why we would take custody of an animal:
Where the animal owner, after being given a reasonable time to do so, has failed to relieve the distress of the animal; Where it is the environment itself which is causing the distress and the removal is required to alleviate that distress; or Where critical distress is present and immediate action is necessary to save the animals life.

Powers of Disposition
Disposition is the technical term referred to in the Act it means that the BC SPCA gains custody of the animal and has the ability to adopt, sell or otherwise make decisions regarding that animal If an animal has been seized under the Act, the courts have stated that we have an obligation to provide the animal owner with an opportunity to provide reasons why the animal should be returned Depending on the situation, a decision will be made to either retain custody of the animal or to return the animal under some type of care agreement

Costs of Disposition
The PCA Act enables the Society to demand payment from the owner of the costs incurred by the Society with respect to the seizure of the animals Often the costs are substantial, especially in cases where large numbers of livestock are involved or animals with serious health concerns are seized The reality is that many of these owners do not have the financial means to pay or make every attempt to avoid payment

Charges
PCA Act A person responsible for an animal who causes or permits the animal to be, or to continue to be, in distress commits an offence
Strict liability Only applies to person responsible for an animal Judge may impose any order they see fit (including a ban on owning animals and restitution) First offence max fine $5,000 and/or 6 months jail; second or subsequent $10,000 fine

Criminal Code
Is not restricted to owner or person responsible Must show an element of intent Summary conviction maximum penalty of 6 months imprisonment and/or $2,000 fine

Ultimately, it is crown counsels decision on whether or not charges are pursued