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January 29, 2022 - 2:02 PM
A B.C. woman who kept 71 cats has lost a legal appeal to have the animals returned after they were seized by the B.C. SPCA.
The sheer number of cats seized meant that by the time Squamish resident Cheryl Balcilek's appeal went to a hearing, the number of cats stood grew to 77, after 21 kittens were born although only eight survived, and two other cats had to be euthanized.
According to a recently published Dec. 15, 2021, B.C. Farm Industry Review Board decision, Balcilek lived in a motorhome and had an adjacent motorhome parked parallel to hers.
The two motorhomes were connected by a patio referred to as a "cattio" in the decision.
Following months of complaints from neighbours and visits from local bylaw officers and the B.C. SPCA, the cats were seized in September 2021.
"There were cats popping out of everywhere," one vet testified during the hearing. "In cupboards, in drawers, on the dashboard, in every crevice."
The vet also reported squalid conditions with a lack of litter boxes and overwhelming smell of ammonia.
"The carpets around the front two seats of the motorhome were drenched in what I suspected was cat urine from the smell," the decision reads. "All the windows of the motorhome were covered in a yellowish film of wet cat fur."
The vet testified that there was only one pot of water in each motorhome for all the cats and a lack of age-appropriate nutrition.
One-third of all the cats were found to be underweight, and around 40 per cent had ear, eye, or nose discharge.
The number of cats at the motorhome was described as a "recipe for population explosion."
One vet testified that the high mortality rate for the kittens born after the seizure reflected the poor and inadequate nutrition during pregnancy.
However, Balcilek dismisses the evidence presented and accuses the B.C. Farm Industry Review Board of bias and that the seizure of her cats was a matter of retaliation.
In the decision, Balcilek said her cats were "healthy and happy" and that there was no problem with ventilation or the smell of urine and feces coming from the motorhomes.
READ MORE: Vernon man who let his dogs 'hunt for food' loses appeal to get them back
She also claimed only 35 cats were seized, not 71.
Balcilek said she is the victim of harassment by her neighbours, her landlord, the District of Squamish’s By-Law officers and the B.C. SPCA.
The decision said Balcilek was aggressive during the hearing when she cross-examined witnesses and regularly cut them off. Her microphone was turned off on several occasions.
Balcilek accused the SPCA of being in "cahoots" with the Squamish By-Law department and engaging in "criminal activity by stealing her animals."
She alleged all the evidence against her has been fabricated.
Regardless of her accusations, B.C. Farm Industry Review Board Presiding Member Wendy Holm was sympathetic to Balcilek's situation.
"Two images came frequently to mind while writing this Decision. One was the image of the poor mother cat giving birth during the seizure while being suckled by two older kittens. The other was the anguish in the face of (Balcilek) over the loss of her cats," the Review Board Presiding Member said in the decision. "Both were a source of sadness."
Holm said if Balcilek had been able to find the acreage to set up a cattery, things might have turned out differently, but it was impossible to keep so many cats in such a small space.
"The impossibly small space in which the 71 cats were living, coupled with a rapidly expanding population that was the inevitable result of sexually mature and intact animals housed together, created conditions that rapidly spun out of control," the decision reads. "These Appeals are never easy. This one was no exception."
While Balcilek lost her appeal to get all 71 cats back, the Review Board did allow her to choose four cats to be returned to her. She will just have to pay for them to be spayed or neutered first.
The Review Board also ordered Balcilek to pay $70,297 in costs to the B.C. SPCA.
It does not appear to be a condition that the $70,297 be paid before Balcilek is allowed to have four cats returned.
READ MORE: North Okanagan kennel owner loses fight to have seized dogs returned
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