New Rules Give SPCA More Teeth

By Submitted Article

by Kathi Travers

It's been nearly a month since the Honourable Pat Bell, Minister of Agriculture and Lands, brought forward changes to address several short comings of PCA Act (Prevention of Cruelty to Animals). This is a giant step for the animals of British Columbia.

The BC SPCA, which is the only animals welfare agency in British Columbia that has the authority to enforce cruelty laws and present cases to Crown Counsel for prosecution, has been crusading diligently for over two years with its End Animal Cruelty campaign. The organization collected over 50,000 signatures.

Changes to the Act take effect now! With over 4,500 complaints alone investigated last year, Marcie Moriarty, General Manager of Cruelty Investigations for the BC SPCA, is thrilled with the changes which  will allow Special Constables the ability to respond much faster where animals are in distress as well as present stronger cases which should result in much a higher rate of convictions when presented to the Crown.

The changes to the Act:

·         Expand the definition of distress beyond “inadequate food, water and shelter” to include animals who are deprived of adequate ventilation, space, care or veterinary treatment.

This is particularly significant in cases involving overcrowded puppy mills, animals deprived of veterinary care and other cases where officers have not been able to intervene unless an animal was in critical distress.

·         Enable BC SPCA constables to obtain a warrant to seize an animal using the telewarrant system.

This is a life-saving change for animals in distress in remote locations. In the past officers in remote areas have sometimes been forced to delay helping an animal in distress because a judge was not available in the area to issue a warrant. With the ability to obtain a warrant via telephone, BC SPCA officers can enter property and act immediately to help an animal in distress.

·         Increase the maximum penalties handed down under the PCA Act from $2,000 to $5,000 and to $10,000 for a second offence.

In the case of repeat offenders, such as puppy mill operators, the fines will now be a significant deterrent.

·         Increase obstruction of justice penalties in animal cruelty cases from $100 to $2,000.

This provides a significant deterrent to individuals, such a pet stores owners and breeders who refuse to let the BC SPCA inspect their facilities and others who obstruct the investigation of an SPCA constable.

·         Enable BC SPCA constables not only to search for evidence but to seize evidence of an offence.

Logistically, it has been difficult in the past to obtain the two warrants needed to seize evidence (one PCA Act warrant to search the property and a second warrant under the Offence Act to seize the evidence). Any evidence found without the second warrant could not be used in the prosecution of an accused animal abuser. Under the new bill, evidence discovered under the PCA Act warrant would be admissible in court.

The BC SPCA is a leader in animal welfare in Canada and continues to strive to protect and enhance the quality of life for the animals.

Kudos to Pat Bell for jumping on board for this important legislation and leading the way in making it happen. 

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