Rabbit Advocacy Animal Matters
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Big Ag would benefit from neutered provincial SPCAs Two disturbing pieces of proposed legislation, one in Ontario, the other in B.C., appear to be aimed at reducing the powers of SPCA constables to protect animals. In B.C., Bill 24 would see responsibility for hearing the appeals of individuals whose animals have been seized because of distress, move from the B.C. Supreme Court to the BC Farm Industry Review Board (BC FIRB). This would include both farm and companion animals. The proposal has caused widespread consternation, with the BC SPCA arguing that it would result in cases taking longer to resolve. The society has expressed “deep concerns that, based on the recorded history of BC FIRB decisions, the earliest that appeals will be heard is six months and in many cases, it may take much longer.” Consequently, the BC SPCA has called on the public to oppose the bill. VHS agrees with the BC SPCA’s position. VHS board director Rebeka Breder, a lawyer specializing in animal law, told the Georgia Straight: “The bottom line is that this does not help animals in any way or further the protection or welfare of animals in British Columbia. If anything, I find that it impedes it.” Meanwhile, in Ontario, Bill 47 is proposing to give the province’s agriculture ministry the power to enforce farm animal welfare instead of the OSPCA. The society says the bill “would cause Ontario to hold the worst Animal Welfare legislation in Canada.” It is an odd coincidence that two pieces of provincial legislation are proposing to strip powers from the courts or SPCAs (whose sole purpose is to protect animals) and hand them over to provincial agriculture bodies. The current membership of the BC FIRB includes farmers but no one with specialist experience in animal welfare (let alone companion animals). The Ontario ministry of agriculture’s vision statement is for “Thriving rural Ontario, agriculture, and food sectors”, while the OSPCA’s vision highlights ”making a measurable difference for animals.” It would no doubt suit the agriculture industry to have bodies whose focus is not animal welfare overseeing the treatment of livestock instead of professional animal welfare investigators. In the United States, powerful lobbyists for the agriculture industry have succeeded in convincing legislators in Iowa to outlaw investigations of farm animal cruelty by animal advocates working undercover as employees. Several other states are considering such “Ag-gag” laws. Such proposals have yet to emerge in Canada, but it is clear that public concern over factory farms and animal welfare has alarmed the intensive agriculture industry. Animal advocates should be vigilant and ensure that the legislative moves in B.C. and Ontario do not allow Canada’s Big Ag to keep its treatment of farm animals away from the scrutiny of animal cruelty investigators and a concerned public. Update: BC FIRB will hear PCA Act Appeals February 12, 2016 Puppy mill seizure illustrates need for proactive law enforcement Comment: Carmina Gooch contacted the BC SPCA about another recent case, wherein a Winlaw Valley man is facing a 4th animal cruelty charge after the organization seized an assortment of 29 animals, including sheep, dogs, and goats. Carcasses of horses and other large animals were also found. Clearly, the system in place to protect the vulnerable and voiceless has failed yet again. It was verified by a visit to the Nelson Court that the BC SPCA, the only animal welfare organization in BC with the authority to enforce laws relating to animal cruelty, had been informed of the ownership ban and the offender’s location. We also contacted federal government politicians, including our MP, Terry Beech, regarding The chronic shortage of slaughterhouse workers in Canada. I couldn't believe the response from Beech which read: "Your message is the first that we have received on the issue of slaughterhouses and the role animals currently play in our economic output." Gooch’s letter February 05, 2016 OSPCA wants out of horse, livestock cruelty probes due to funding shortage October 31, 2018 CBC News Ontario's animal welfare agency plans to pull back from investigating cruelty cases involving livestock and horses as part of a restructure that insiders say may eventually see all its resources go toward shelters and rescue programs. The Ontario Society for the Prevention of Cruelty to Animals, whose officers have police powers and can lay both provincial offence and criminal animal cruelty charges, said lack of funding and years of financial losses had led to the decision. Internal documents show the agency has been struggling financially for years. In November 2016, it was forced to disband its major case management team, a centralized group of specialized investigators tackling complex cases like dogfighting rings and allegations of cruelty at zoos and aquariums, according to an internal memo. OSPCA Enforcement Powers Deemed Unconstitutional in New Court Ruling January 4, 2019 Animal Justice After hearing arguments from Animal Justice lawyers, an Ontario court has ruled that animal law enforcement by the OSPCA—a private charity—is unconstitutional because the agency is not sufficiently accountable or transparent. Animal Justice intervened in the case of Bogaerts v Attorney General of Ontario, a legal challenge to the OSPCA’s investigative and police powers that was heard in a courthouse in Perth, Ontario in May 2018. Animal Justice was in court to ensure the best interests of animals were front and centre. OSPCA Withdraws From Enforcing Animal Cruelty Laws March 4, 2019 Animal Justice The Ontario SPCA has announced that it will withdraw from enforcing animal protection laws in the province of Ontario as of March 31, when its current funding agreement with the province expires. While many animal lovers may be concerned by this news, and fear that it will be bad for animals, Animal Justice is applauding the Ontario SPCA for this bold move. We believe it will prompt the government to create a new, stronger, public enforcement system that will be better-equipped to protect animals from cruelty and suffering. Other provinces have already moved away from private animal law enforcement. The Edmonton Humane Society announced in January 2019 that it would end enforcement, concluding that it is no longer appropriate for a donation-supported body to fulfill a public enforcement function. Manitoba animal protection laws are primarily enforced by the office of the Chief Veterinary Officer, a public agency. In Newfoundland, the police enforce animal protection laws. https://www.animaljustice.ca/blog/ospca-withdraws-from-enforcing-animal-cruelty-laws Read more on our Animal Law and Animal Welfare/Advocacy Pages |