Animal in Distress (Re:Taking Possession of)

Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13

15 (1) No person shall cause an animal to be in distress.

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30 (1) An animal welfare inspector who has reasonable grounds to believe that an animal is in distress and who is able to promptly find the owner or custodian of the animal may order the owner or custodian to take such action as may, in the opinion of the inspector, be necessary to relieve the animal of its distress, which may include, without limiting the generality of the foregoing, having the animal examined and treated by a veterinarian at the expense of the owner or custodian.

(2) The order shall be in writing and shall have printed or written thereon the content of subsections 38 (1), (3) and (5).

(3) The order shall specify the time within which any action required by the order shall be performed.

(4) Every person who is served with an order under this section shall comply with it in accordance with its terms until such time as it may be modified, confirmed or revoked and shall thereafter comply with the order as modified or confirmed.

(5) If, in the opinion of an animal welfare inspector, an order made under subsection (1) has been complied with, the inspector shall revoke the order and serve notice of the revocation in writing on the owner or custodian of the animal that is the subject of the order.

31 (1) An animal welfare inspector may 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 if,

(a) a veterinarian has advised the inspector in writing that alleviating the animal’s distress necessitates its removal;

(b) the inspector has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner or custodian of the animal is not present and cannot be found promptly; or

(c) an order respecting the animal has been made under section 30 and the order has not been complied with.

Shelley Langstaff v Chief Animal Welfare Inspector, 2020 ONACRB 6 (CanLII)

POWERS OF THE BOARD

7. After a hearing, the Board may do one or more of the following:

a. Confirm, revoke or modify an order made under section 30.

b. Order that an animal removed under subsection 31 (1) or (2), or that was taken into the Chief Animal Welfare Inspector’s care under subsection 31 (6) or 44 (8), be returned to the owner or custodian.

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ii. Was the removal of Marley from the Appellant’s care lawful?

13. Pursuant to section 31(1) of the Act, “An animal welfare inspector may 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 if, (c) an order respecting the animal has been made under section 30 and the order has not been complied with.

14. Having found that there were reasonable grounds for issuance of the Compliance Order under section 30 of the Act, the Appellant was required to comply with its terms and conditions. One such term was to have Marley examined by a veterinarian by June 1, 2020 at 12:00pm. The Compliance Order clearly indicates that failing to comply with all the terms of the Compliance Order by the specified date may result in the removal of the animal who is the subject of the order.

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21. The Board finds that the Inspector had reasonable grounds to believe that Marley was in distress based on her observations of Marley’s living conditions and physical condition, the Appellant’s admissions that she was not feeding him or providing him with water, and the veterinarian’s diagnoses and treatment plan, and therefore lawfully issued a Compliance Order on May 28, 2020.

22. The Board finds that the Appellant did not comply with the May 28, 2020 Compliance Order and that Marley’s removal from the Appellant’s care was necessary to relieve Marley’s distress.

23. Finally, the Board finds that Marley should not be returned to the Appellant for the following reasons:

a. There is no evidence on this appeal that the Appellant is willing and able to provide the ongoing care that Marley requires in light of his recent diagnoses; and

b. The evidence before the Board suggests that Marley would be placed in distress if he was to be returned to the Appellant.

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

ISSUES TO BE DECIDED

[4] The issues to be decided by the Board are as follows:

i) Whether the animals removed were in distress; and

ii) If so, whether the removal of the animals was necessary to relieve their distress.

RESULT

[5] For the reasons that follow, I find that the animals removed were in distress and that the removal of the two horses and two ponies was necessary to relieve their distress. I am not satisfied, however that the removal of the six chickens was necessary in the circumstances.

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