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December 18, 2022 - 12:00 PM
A Kootenay pet owner who left her dead dog rotting in her yard for a week has lost an appeal after the B.C. SPCA seized more animals from her.
According to a Nov. 2 B.C. Farm Industry Review Board decision, the B.C. SPCA received a complaint that a dead dog had been left in the yard of a home in the Nelson area in July.
Witnesses told the B.C. SPCA the dog had been "riddled with fleas and howling in pain for days before it died."
In an unusual move, the B.C Farm Review Board has redacted the dog owner's name and the precise location of her property, although the decision contains multiple references to the Nelson area.
The decision says after receiving the complaint about the dead dog, named Shredder, the B.C. SPCA visited the woman's home – referred to as T.B. in the decision – and found her other dog PNut to be infested with fleas and suffering from dental issues.
The woman refused to allow the B.C. SPCA into her home to see her four cats.
T.B. said Shredder died from drinking water from a bucket that ivy vines had been soaking in and the dog had only been ill for a day before it died.
The B.C. SPCA gave T.B. notice that PNut and her four cats needed to see a vet within 24 hours.
T.B. then made excuses over the next few weeks as to why her animals had not seen a vet.
Almost a month after the first visit the B.C. SPCA returned to T.B.'s property with a warrant and seized PNut the dog and two cats, Pippin and Bracken. Two other cats could not be caught.
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The decision says the property was "extremely unsanitary" and found all three animals in rough shape.
"PNut had dirty, waxy ears, still had fleas, had a scab on its back where (T.B.) had allegedly tried to remove a tick, a scab wound on top of his head, and a crusty discharge around his eyes," the decision reads. "The cat Pippin had fleas, significant hair loss over his eyes and both back legs, a scabbed wound on its head and crusty discharge around its eyes. The two Siamese cats had visible fleas, dirty ears and 'Bracken' was missing patches of fur over his hips, which he was repeatedly chewing and scratching. A fourth cat had fleas and dirty ears."
T.B. then appealed to get her pets back accusing the B.C. SPCA and city bylaw officers of a "witch hunt" along with "bias and discrimination, willful misrepresentation, deception and collusion."
T.B. submitted plentiful paperwork in her defence – including a fifteen-page biography – but failed to give the board justifiable reasons why she should get her pets back.
"Throughout the Appeal, (T.B.) focused her energy on invalidating the process, denying her Animals were in distress and challenging the authority of the Society to carry out its mandate under the Prevention of Cruelty to Animals Act," the Board ruled.
The Board said T.B. had little understanding of her role in perpetuating the animals' distress and provided no evidence of what steps she would take to make sure her animals would not suffer if they were returned to her.
"Rather than take this opportunity on behalf of her pets, (T.B.) became combative, questioning both the process and authority of the Society. She claimed that her cats did not need to see a veterinarian, that her dog PNut was not in any pain, that she was the subject of a witch hunt, and that Society and by-law officers were lying and had questionable ethics," the Board ruled.
Ultimately, the Board refused to give PNut, Pippin, and Bracken back and T.B. is now on the hook for $4,110 to cover vets' bills and care costs.
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