Tuesday, June 9, 2009

The tides are turning in Ontario: will they reach our shores?

 Newspaper ad running currently: 
Please write to the Toronto Sun and the Globe and Mail.

·       If you have been bullied or threatened by the OSPCA.
·       With OSPCA financial information re: legal costs, confidential settlements.  
·       With information about how the OSPCA treats its employees.
·       With information about how the OSPCA treats animals at OSPCA shelters.   
·       If your animal has been mistreated or killed by the OSPCA.  

Keep it really short and powerful & attach a photo. For the first time ever the media suggests the OSPCA be investigated.       

The OSPCA MUST be held accountable for their actions. Please write ASAP.     Change will not happen if YOU are too afraid to tell your story.      
torsun.editor@sunmedia.ca  with a copy to michele.mandel@tor.sunpub.com, peter.worthington@tor.sunpub.com

Send a separate copy to khammer@globeandmail.com and  cblatchford@globeandmail.com
 
Humane society critics smell blood (Toronto Sun June 9, 2009)
A euthanasia rate of only 7% does not necessarily make THS 'humane,' new group charges

By PETER WORTHINGTON
Last Updated: 9th June 2009, 2:55am
 
The uproar over how the Toronto Humane Society (THS) is run revolves around a couple of overlapping issues: Treatment of animals and treatment of employees and volunteers.

Provoked by a three-part Globe and Mail series, critics and rivals taste blood. The Ontario Society for the Prevention of Cruelty to Animals (OSPCA), formerly the Ontario Humane Society, suspended the THS as an affiliate, even before investigating charges of cruelty for letting sick animals die in cages rather than euthanize them.

The OSPCA and THS have a history of antagonism.

Ironically, the OSPCA has no shortage of critics. Its management and board seem to periodically resign en masse and squabble among themselves. Par for the animal movement.

A new group, comprised of several disillusioned THS members and former employees, is the Association to Reform the THS (ART). It wants the Office of the Official Guardian to appoint an interim manager to replace THS President Tim Trow. Spokesman Aries Gaertner insists "we are not political, and just want what's best for animals."

Whatever his people and management skills (or lack of same), Trow is indisputably empathetic with animals, and has lowered the THS' euthanasia rate to 7%, making it arguably the world's most "humane" humane society.

For many, genuinely animal-compassionate leadership at the THS tips the scales in favour of Trow, who insists decisions on euthanizing sick animals rests solely with the senior veterinarian.

Lee Oliver, an ART member and a former THS management employee, says roughly the same number of cats, dogs, birds and small animals like gerbils and rabbits die each year at the THS, regardless of whether the euthanasia rate is 7% (today) or 18% (pre-Tim Trow).

He says cage deaths make the euthanasia rate statistically low but may, in fact, increase the suffering of sick animals. To him, Trow is "too compassionate and reluctant to put sick animals out of their misery."

My interest goes back to Toronto Telegram days when the THS was a death camp, electrocuting animals at an alarming rate it claimed was more humane than lethal injections. THS members eventually rebelled and elected more compassionate directors. I was on the board when Vicki Miller and the late Kathy Hunter ran the place and were diehard animal protectors.

Co-chairmen of ART are THS members Linda MacKinnon and Judi King, who'd like the THS annual meeting scheduled for October speeded up to elect a new board.

Last week OSPCA inspectors accompanied by police checked the THS but found little wrong. A case can be made that the OSPCA and Toronto Animal Services (TAS -- the city pound) warrant independent investigations themselves. "Let everyone be investigated," says Trow.

The OSPCA membership has no say in electing directors -- they have no vote, and can just pay annual dues. Democracy doesn't exist.

TAS is mostly a killing agency, and is secretive about its statistics. A recent Sun investigation showed that TAS kills some 55% of cats and dogs that come in -- 25,000 in five years.

THS policy is to not kill healthy dogs, but to keep them alive indefinitely in hopes they'll be adopted. Of 1,970 dogs in the THS shelter in 2008, 37 died in their cages, while 47 were euthanized. An enviable record, unmatched by any other humane society.

Still, an independent inquiry might be helpful. Investigate and audit how money is spent at the THS and OSPCA, as well as how staff are treated.

There's no shortage of nutbars in the animal movement. They tend to feud and agitate, and actually harm animals they seek to protect. One hopes ART will escape these pitfalls in its quest to improve the THS.

An email sent to Minister Bartolucci and legislators June 8, 2009
  • Between 2000 and 2004 the number of animal cruelty charges laid by the OSPCA increased from 97 to 695. The number of search warrants more than quadrupled in the last five years and the number of Orders issued almost tripled in the same time period,  (OSPCA Press Release October 3, 2006)  yet the number of complaints increased only marginally from 16,166 in 2000 to 16,478 in 2005.  In one case alone the OSPCA laid 183 charges.  
·        In February 2005, the first of two investigative reports by Grant Thornton commissioned by the Ministry of Community Safety and Correctional Services (MCSCS) on OSPCA  finances was complete. Findings have not been made available to the public or the media.  



·
       In a 2005 acquittal verdict for Cindy Pauliuk, Justice Anton Zuraw referred to the Hamilton-Burlington SPCA as “…a private police force empowered in cases involving animals to lay charges and seize property, using these charges or seizures to campaign for funds for their private coffers.”  An April 8, 2005  Globe and Mail article reported: “The Hamilton SPCA was more interested in raising money than saving what it believed were abused horses, a judge ruled yesterday.” “During the trial, one SPCA member testified the incident was used to garner more donations, the judge wrote”  “Jim Sykes, president and CEO of the Hamilton SPCA, disagreed with the judge’s statement that the SPCA needed high-profile arrests to keep it going.” Jim Sykes is now OSPCA Board Chair replacing Michael Chaddock who resigned along with 28 other directors in 2006.
·
       In March 2006,  a mass resignation of 29 OSPCA board members including the Chair and the Treasurer commences.  (The province had just given the OSPCA an unprecedented $2,000,000.)  CEO Judy Marshall also leaves.  In a letter addressed to the Minister of Community Safety and Correctional Services (MCSCS) and Premier McGuinty, resigned directors stated: “The government is well aware of the problems (at the OSPCA)”  and urged that their resignation be regarded “as a request for intervention…” The letter claims “outdated legislation and dysfunctional governance" forced the organization to "irresponsibly and immorally squander donor and taxpayer dollars in an unsustainable and wasteful fashion."   “Resigning (OSPCA) board members urge (the) province to step in and investigate “insane” abuse and cruelty charges”.  Directors “feel strongly that government, not the humane society should be in charge of enforcing laws to protect animals and to prosecute offenders.”  (Toronto Sun May 15, 2006.)  


  • In November 2006, the issue was addressed by the Canadian Veterinary Medical Association: “If an animal welfare enforcement system is self-funded through public donations, there develops a motivation for high visibility publication of enforcement proceedings, with or without conviction, with the aim of collecting voluntary donations, at the risk of infringing on the civil rights of the accused.  This potential abuse may in itself be a violation of other legal protections.”  The Veterinary Profession’s Role in Policing Animal Welfare, Canadian Veterinary Journal, Volume 47, November 2006.    
The excerpt above is from a Briefing Note presented to Minister Kwinter during a May 2007 meeting.    

The province has since granted the OSPCA an additional $5,000,000. and unprecedented police powers – warrantless entry – without oversight, accountability and transparency. In January 2007 multiple copies of the letter below were sent to Jim Sykes, OSPCA Board Chair.  

Mike Draper acting CEO and former Director of Investigations resigned from the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), accepting the position of Sales Barn Inspector at the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA).

The OSPCA Investigations Department, under Mr. Draper, chose intimidation, harassment, arrogance and defiance over people skills and sound investigative techniques. OSPCA Inspectors and Agents exhibited extreme aggression.  
Bizarre numbers of charges were laid.  Statistics show the OSPCA laid 97 charges in 2000.  In 2004, 695 charges were laid despite there being fewer complaints.   

Mr. Sykes, in your capacity as Board Chair, I request that you notify your Investigations Department that, actions found to be in violation of the Ministry of Community Safety and Correctional Services’ mandate to provide law enforcement that is “safe, secure, effective, efficient and  accountable”, will not be tolerated by the OSPCA.  

It is imperative the OSPCA and the province permanently distance themselves from the previous investigative style and that the issue of unsupervised police powers in the wrong hands be addressed.   

Tensions between animal owners and OSPCA continue to escalate - culminating with a Toronto OSPCA inspector handcuffing his suspect.  Inspectors have been found guilty of severe breaches of the Charter of Rights.  (Rulings available on request). OSPCA inspectors continue to bully, threaten and nitpick.  Witness their recent dealings at Bergeron’s zoo.  
 
The public deserves better.  However, until there is media appetite for this information  – there will be no change.   Legislators and the majority of the public rest comfortably in the knowledge that with passing Bill 50 animals are better protected.  
 
Victims of the OSPCA live in fear of the OSPCA.  Bill 50 does not provide law enforcement that issafe, secure, effective, efficient and  accountable”  - to us, Bill 50 is a nightmare come true.  
 
The same uproar at the THS almost happened at the OSPCA three years ago.  Lucky for the OSPCA there was next to no media interest.  The province has made the OSPCA the cornerstone of Ontario’s animal welfare system – protect your asset not just by empowering and partially funding it – OVERSEE IT.     
 
You're welcome to call Carl Noble, one of the original eight resigned OSPCA directors, at 519-534-3988.  
 
Excerpts from Peter Worthington’s article three years ago in the Toronto Sun May 15,
2006:
 
“there's big trouble within the OSPCA if anyone looks closely. Many board members are upset that public donations and grants from the government are spent on buildings and facilities rather than on animals  and curbing cruelty and abuse.”

“In their letter to McGuinty and Kwinter, eight (original resigned) board members noted that the government is well aware of the problems (at the OSPCA) and urged that their  resignation be regarded "as a request for intervention ... to suspend the bylaws of the OSPCA, suspend the board of the OSPCA, and appoint a  representative of your government to work with the CEO of the Society pending the promised update of the OSPCA Act."   
 
“last Nov. 2 chief inspector Mike  Draper wrote Tim Trow, president of the THS, and admitted "a private investigation firm" was hired to "obtain statements from a number of (THS)  employees." .... Criminal charges (by the OSPCA against the THS) were threatened.”    

Deja vu ????  

Excerpts from Peter Worthington’s article in the
Barrie Examiner, November 2008:
In 2006, the OSPCA board of directors resigned (twenty nine of them), virtually en masse.  ... the OSPCA's (current) 12-person board of directors is not chosen by public vote of members, but appointed.

“This, folks, is dictatorial, not democratic -- aided and abetted by McGuinty.”

“The solution is simple: The government should take a hard look at the absolute control exercised by the OSPCA, and bring the police powers of its inspectors under control of the attorney general.”

“The McGuinty government seems reluctant to challenge the OSPCA, and recently gave it a $5 million windfall” (and 1.8 million before that).   

And “the way Bill 50 is written, a private charity has police powers to prosecute, is accountable to no one, is immune to the ombudsman, and is protected from access to information legislation. (Bill 50 grants the OSPCA warrantless entry). Not to disparage individuals who are inspectors, but their mandate and the OSPCA's style are more mindful of a secret police than a body serving the public.”
 
Additions are bracketed.  

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