Shelter neglect alleged
Toronto, ON (CA)Incident Date: Friday, Nov 27, 2009
Disposition: Dismissed
Case Images: 11 files available
Person of Interest: Tim Trow
Case Updates: 4 update(s) available
The Toronto Humane Society's president faces charges of criminal animal cruelty after a mummified cat was found in the group's shelter, officials said.
Investigators for the Ontario Society for the Prevention of Cruelty to Animals also found animals going without proper treatment, dirty facilities, and evidence of treatment records being falsified, the Toronto Globe and Mail reported Saturday.
Johanna MacNaughton, a Society veterinarian, resigned in April and later helped in the investigation.
"A large number of these animals ... will need significant medical care," she said.
Society President Tim Trow denied the allegations. "I've never been unkind to an animal in my life," he said.
OSPCA inspectors said the mummified cat was found in a live trap containing an empty dish. It may have starved to death in the shelter's ceiling as veterinarians and animal-care staff worked in rooms beneath it, they said.
Trow was released from custody Friday morning. Bail conditions forbid him from visiting or working at the shelter or contacting staff, the newspaper said.
Case UpdatesTim Trow, who resigned as president of the Toronto Humane Society during a criminal investigation, is running for a seat on the organization's board.
Trow, former board member Bob Hambley and former THS spokesman Ian McConachie are running on a slate in an election to be held at the society's annual general meeting on May 31.
Trow resigned after he was charged with animal cruelty in 2009. Those charges were dropped last year.
He says he wants back on the board because he's very concerned about the direction the THS is going in.
"It's the traditional work of the THS (that has to continue) and I don't think this board has the mandate to shift away from that,'' he said.
He added that the River St. shelter seems to be caring for a "lot fewer animals now.''
Hambley, considered an ally of Trow, replaced him when Trow resigned from the board early last year.
Trow stepped down a few months after being charged with animal cruelty following a raid by the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), and amid allegations of poor financial management and animal care.
Hambley later ran for a board position, but lost.
McConachie worked as a spokesman for the organization, but was sacked by the new board of directors.
They are running on a slate that also includes Margaret Ann Johnson and Tony Marner, two THS volunteers who have never served on the board.
The THS has about 1,000 voting members. Five positions are up for grabs on the 15-member board.
Trow hinted at his intention to run earlier this month when he sent a letter to members, saying the board has shut down programs "that took decades to build,'' including native wildlife rehabilitation, a lost and found service, and cruelty investigations.
He also said the board was "rumoured to have secretly commissioned an appraisal'' of the River St. shelter with an eye to selling it off.
At the time, Trow said the purpose of the letter was to alert people to the board's direction since he resigned from his volunteer position.
But the claims were immediately refuted by the board, with board vice-president Marcie Laking saying the statements were part of a "smear campaign.''
She said a vote for Trow and his slate would be a big step backward.
"We spent a lot of time fixing a lot of the mess we inherited. We're really starting to grow and positively change, and I do believe the membership is going to support continued growth versus voting for (this slate) which is a vote for the old THS,'' said Laking, whose position is not one of the five in the May 31 vote.
"The THS used to be overcrowded and disease was rampant because there were so many animals and not enough staff,'' said Laking.
She later added: "We have a great staff-to-animal ratio (now). We've made the living quarters bigger for the animals in our care." | Source: thestar.com - Apr 29, 2011
Update posted on Apr 29, 2011 - 9:19AM |
The decision to withdraw charges against former Toronto Humane Society President Tim Trow and four others was greeted with anger and frustration by the OSPCA on Monday.
Christine McGoey and the Crown Attorney's office withdrew charges, claiming the warrant executed by the Ontario Society for the Prevention of Animals violated the Canadian Charter of Rights and Freedoms.
"If the Crown feels there are technical breaches in the warrant then this should be determined by a judge," said Brain Shiller lawyer for the OSPCA.
The organization felt its warrant was legal, having been approved by a Justice of the Peace and examined by two other Supreme Court judges.
"The Crown spent more time preparing their documents for withdrawal than they did examining the evidence," said Rob Godfrey, chairman of the OSPCA.
"They have sent a message, if you want to be cruel to animals then Ontario is the place to be."
The OSPCA claims the Crown never examined the evidence beyond reading an inventory of what was collected under the Nov. 2009 witness statements.
Furthermore it says charges of obstruction of justice and cruelty to animals that were dropped did not depend on the arrest warrant. These charges depended on evidence gathered in a separate arrest warrant executed on June 2, 2009.
The OSPCA has no recourse for an appeal and cannot press further legal charges against Mr. Trow or the other four defendants charged in association with the raid on the Toronto Humane Society nine months ago.
Mr. Godfrey appealed to Ontario Attorney General Chris Bently to review today's withdrawal. The OSPCA also encouraged "those concerned with animal welfare" to write their MPP asking for a similar appeal.
When asked of the OSPCA's future actions, Rob Godfrey said "we will continue to fulfill our role of the protection of animal rights and welfare in this Province."
The Ministry of the Attorney General issued the following reasons for the Charter breaches
The length and times permitted by the search warrant
The inappropriate use of a s.487 warrant to conduct veterinary checks
The over breadth of the items to be seized pursuant to the warrant
The over breadth of the seizures themselves, including the lack of any restrictions concerning computer images
The use of civilians during the searches which was not disclosed in the information to obtain the warrant
The failure of appropriately address issues of solicitor-client privilege in the course of obtaining and executing the warrant
The presence of media at various times during the execution of the search warrant. | Source: nationalpost.com - Aug 16, 2010
Update posted on Apr 29, 2011 - 9:11AM |
The Toronto humane society says it will open its doors on January 4th.
About 100 cats and 20 dogs will be available for adoption when the facility reopens in the new year.
The Ontario Society for the Prevention of Cruelty to Animals searched the shelter last month and uncovered several alleged cases of animal neglect.
The society's former president, Tim Trow, and four senior employees were arrested and charged with animal cruelty. | Source: AM 640 - Dec 31, 2009
Update posted on Jan 2, 2010 - 7:14PM |
About three dozen Toronto Humane Society employees barred from the building since last month’s raid can return to work in a week, a Superior Court judge ruled on Tuesday.
At the same time, Justice Ian Nordheimer granted investigators with the Ontario Society for the Prevention of Cruelty to Animals permission to oversee animal care at the River Street facility indefinitely, pending further hearings on the matter.
The decision sets the stage for heightened tensions at the downtown shelter, which has effectively been under OSPCA control since late November. The two groups have a history of discord linked to their differing philosophies on animal welfare, and the contentious issue of euthanasia.
Still, lawyers for both sides appeared content with yesterday’s decision.
“The no-fly list is finished,” said lawyer Frank Addario, retained by the Toronto Humane Society, noting the judge effectively “ended the occupation and let the employees back in.”
The OSPCA was also calling the decision a victory.
“We are pleased by the court’s decision and we will abide by the court’s decision,” said Brian Shiller, a lawyer acting on behalf of the OSPCA.
About three dozen employees, many senior managers with roles in administration and finance, have been barred from the facility since the OSPCA swooped in late last month.
OSPCA investigators have powers similar to the police when dealing with animal welfare issues, and the organization obtained a search warrant after a probe allegedly revealed a horrific record of cruelty at the River Street shelter, with dozens of diseased animals left to die in their cages.
A number of top THS officials, including president Tim Trow, face several Criminal Code charges, including cruelty to animals. The case will be prosecuted by a Crown attorney.
While yesterday’s ruling allows the OSPCA to maintain control of animal care at the downtown shelter for the time being, it requires that as of Dec. 29, investigators “cease to interfere” with other lawful activities of the THS, such as day-to-day administration of donor programs.
The humane society had initially called on the judge to quash the OSPCA’s search warrant, which has been in effect for almost a month. Judge Nordheimer questioned the validity of the search warrant, which has no end date, but adjourned hearings on the matter until next year, providing the Crown more time to prepare a response.
Judge Nordheimer did, however, agree with Mr. Addario that the humane society should be able to resume normal operations in the interim.
The humane society “is entitled to run that business,” Judge Nordheimer said in his decision. While he acknowledged the OSPCA’s need to provide treatment to ailing animals, he said that did not justify the society’s “unending occupation” of the THS.
He also requested that any privileged materials found by OSPCA investigators during their search be turned over to an independent third party. The OSPCA had been keeping some of that material, which included copies of computer hard drives, sealed in a storage facility.
Lawyer Chris Avery said the OSPCA was hoping to have finished its search of the River Street premises well before now, but “that just wasn’t possible” because of the abysmal state of many animals in the building.
Though previously barred, THS employees will return to work on Dec. 29. It was still unclear when the public adoption process would resume.
Yesterday’s ruling comes as the OSPCA was to seek intervention of the Public Guardian and Trustee to “evaluate the situation and determine through court” if a new THS board should be elected, Mr. Shiller said. | Source: National Post - Dec 23, 2009
Update posted on Dec 23, 2009 - 5:22AM |
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