Tuesday, November 17, 2009

Still no charges laid against Bingley

"Hard to think this has gone on for four weeks now and still no charges," commented a friend on Facebook last night. 

A lot of discussion surrounds the saga of these 22 dogs, about 14 of them puppies, seized in October from owner Janice Bingley in Westville by the SPCA. Bingley says her lawyer, her MLA, and her vet have all attempted to contact the SPCA for information about pending charges and the health of the dogs, but to no avail. Taken at the tender age of two weeks, the 11 Great Dane puppies in the group are the source of much speculation, as is the concern that the dogs were being pre-emptively advertised for adoption. Other rumours abound that the call that led to the seizure was made by a neighbor, or a prospective puppy purchaser, or a local cop. 

The dogs are said to be doing well in the care of the SPCA, although their actual whereabouts are kept confidential. But the story is raising many questions about the system of anti-cruelty law enforcement now in place in Nova Scotia:
  • Was an actual investigation carried out, or did the SPCA merely respond to the call and immediately get a warrant for seizure and execute it without further ado? 
  • Should the same time limit for laying charges after seizure of inanimate property (six months) apply in matters involving live animals? 
  • Does the owner have the right to be kept informed of the animals' location and status? 
  • Should the SPCA have seized all of the animals, healthy or not? 
  • For that matter, was it advisable or necessary to transport an emaciated nursing mother who gave birth only two weeks previous?
While she waited for news, Ms. Bingley posted several excerpts of legal documents and guidelines, including this section of the Canadian Federation position statement on animal transport:

Janice Bingley wrote19 hours ago

The Canadian Federation of Humane Societies is the national voice of humane societies and SPCAs. We bring together those who work with, and care for animals to promote respect and humane treatment toward all animals.
Position statements   Animals in transit

1. In order to protect the welfare of animals in transit, CFHS advocates adherence to the following principles:

a. Animals shall have priority over merchandise. 

b. All persons accepting shipping or carrying of live animals shall be fully familiar with all packing and care-giving requirements for all animals in their care. 

c. No animal shall be transported in a way that is likely to cause suffering. 

d. Animals in transit shall be protected from extreme fluctuations in environment. 

e. Animals shall be provided with sufficient ventilation but shall not be exposed to strong drafts. 

f. Only animals in good health shall be transported (except when transport is necessary to provide the animals with veterinary treatment). 

g. No animals obviously in advanced stages of pregnancy, or animals which have recently given birth, shall be transported (except when transport is necessary to provide the animals with veterinary treatment). 

h. All animals shall be transported in vehicles and/or containers and conditions appropriate to their species.