Removal of Animal in Distress

Swanson v Chief Animal Welfare Inspector, 2020 ONACRB 11 (CanLII)

[6] Section 30(1) of the Act permits an animal welfare inspector to remove an animal from the place where it is and take possession of the animal for the purpose of providing it with necessaries to relieve its distress[1] if a veterinarian has advised the inspector in writing that alleviating the animal’s distress necessitates its removal.

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Issue 1: Were the animals removed from Ms. Swanson’s property in distress?

[38] Dr. Robertson testified that in his opinion, the two horses, two ponies, and six chickens removed from Ms. Swanson’s care were in distress. Specifically, he noted that the ponies and horses were in need of hoof care and that one of the ponies was emaciated and had significant dental issues that needed to be addressed. He explained that in his view, the animals’ distress was as a result of Ms. Swanson’s inability and/or failure to provide them with the adequate and ongoing care they needed.

[39] I am satisfied based on Dr. Robertson’s opinion, as well as the testimony and photographic evidence presented by Inspector Baker and Inspector Giroux, that the two ponies and two horses were in distress at the time the decision was made to remove the animals from Ms. Swanson’s care. Each of these animals required, at a minimum, urgent hoof care, which it appears they had not received for several months.

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Issue 2: Was the removal of the animals necessary to relieve their distress?

[41] Based on the evidence of the Inspectors and Dr. Robertson, I am satisfied that the removal of the ponies and horses was necessary to relieve their distress. Ms. Swanson had been ordered to address the hooves of Cody and Vegas but had been unable to do so by the time the search warrant was executed on October 29th. While I accept that Ms. Swanson took some steps to ameliorate the horses’ condition, including attempting to address their hooves, she conceded that she had not been able to do so even after Inspector Baker gave her ample time to do so.

[42] Having failed to properly address Cody and Vegas’ needs, it was appropriate and necessary for both the horses and the two ponies to be removed from Ms. Swanson’s care so that they could receive the care they needed. As Mr. Mack described, the animals required extensive hoof trimming, which they all received from Mr. Mack, within hours of being removed from the property.