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Case ID: 13920
Classification: Neglect / Abandonment
Animal: dog (non pit-bull), rabbit (pet)
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Dogs neglected, left without food and water
Langley, BC (CA)

Incident Date: Tuesday, Oct 30, 2007

Disposition: Alleged

Alleged: Monica Chatwin

A B.C. Supreme Court judge ruled it was "reasonable" to seize 25 animals from a property in Langley last year under the Prevention of Cruelty to Animals Act, according to a decision released Friday [June 20, 2008].

The property owner, Monica Chatwin, filed for a judicial review after an SPCA agent removed 20 dogs, five puppies and a rabbit lacking adequate clean living space, water and regular maintenance, according to a sworn statement by the agent, Jocelyn Morgan.

The kennel where most of the animals were discovered "reeked of . . . ammonia and dog feces, the floors and walls were dirty, and the room had only one window, which was frosted and "completely covered by a garbage bag," said Morgan's statement, taken in February.

Other animals found in the house included one dog with stitches whose "ribs, hips and spine were protruding" and three puppies whose "eyes had not yet opened" surrounded by "approximately ten separate piles of feces . . . along with several puddles of urine," and no food, the statement said.

Chatwin, who declined to comment on the ruling Sunday, was on a holiday with her daughter at the time and had left the dogs in the care of her son-in-law, Wesley May, according to court documents.

May was separated from her daughter Laura but agreed to look after the dogs, the document said.

Dr. Mark Steinebach, a veterinarian who examined the animals the day after they were taken by the SPCA, said in an affidavit that many "were not being provided with an even minimally acceptable level of nutrition," "suffering from long-standing painful disease processes," and had "dramatic and painful dental diseases."

But Chatwin denied the animals were neglected, and May described the dogs as "fed, healthy and happy" and swore he was "unaware of them ever being in distress" in an affidavit taken after the incident.

Though the judge concluded seizure was justified, Justice Cullen also ruled the SPCA "impaired the fairness of the procedure" when it didn't provide Chatwin with evidence related to the case, such as photos and videos taken the day of the seizure, the unedited veterinary report, and other SPCA documents.

References

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