Proposed amendments to the Prevention of Cruelty to Animals Act have SPCA officials worried seized animals will remain in limbo longer.
Changes introduced in Bill 24, the Prevention of Cruelty to Animals Amendment Act, establish the B.C. Farm Industry Review Board as the organization to hear appeals from citizens when the B.C. SPCA has seized an animal.
Don McRae, Minister of Agriculture, said the bill is in response to concerns from the public and stakeholders about the current process.
He believes the changes will lead to a faster and more cost-effective dispute-resolution process for animal owners and the B.C. SPCA.
“People were asking for it,” he said. “It’s important that there is a very transparent appeal process and one that is independent.”
Leon Davis, manager of the Nanaimo and District SPCA branch, said he’s concerned that an appeal of the SPCA’s decision not to return an animal will take longer under this new process, leaving animals in limbo at the already-overcrowded shelter.
Currently when animals are seized, the SPCA endeavours to issue reasons for its decision not to return animals to the owner within 14 days, he said. If the owner appeals this decision, the appeal goes to the B.C. Supreme Court.
Davis said the organization’s research found that a Supreme Court ruling takes an average of 75 days, but the society believes it could be six months or longer before a case is heard by the Farm Industry Review Board, based on its reported history.
“From a shelter level, my biggest concern is it’s not in the best interests of any animal to remain in shelter for six months awaiting a decision on its future,” he said. “And it’s taking up space that another animal may need.”
Craig Daniell, chief executive officer for the B.C. SPCA, said while there have only been six appeals since 2006, this new process could prompt more appeals because it makes the process simpler for owners.
He said SPCA officials and individuals are often able to resolve the issue before going to court.
“Why would individuals sit down and have that discussion when they can immediately appeal it to the FIRB?” said Daniell. “From our perspective, it’s not going to save any money.”
In the current system, affidavit evidence is used in appeals so SPCA special constables don’t have to attend court.
Daniell said testifying in front of the review board will take them away from their duties responding to animal cruelty complaints.
“It’s going to put additional pressure on us for sure,” he said.
McRae said the province believes the review board can complete the process within 60 days.
