CONVICTED: Was justice served?
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Case #6276 Rating: 1.0 out of 5
39 emaciated, neglected sled dogs seized from home
Parry Sound, ON (CA)Incident Date: Friday, Feb 28, 2003
Disposition: Convicted
Defendant/Suspect: Barry Benyon
Charges stemming from the March 2003 confiscation of 39 sled dogs from the property of Barry Benyon near Parry Sound, the Ontario Superior Court of Justice ruled on February 4th that Benyon is liable for the Society's costs to the amount of $119,046.21.
The Superior Court hearing followed an appeal by Benyon, after an earlier appeal made by him to the Animal Care Review Board resulted in the Board upholding the dogs' removal and awarding of costs of $44,851 to the Society. The Animal Care Review Board is an independent tribunal. "These rulings have clearly indicated that an owner of animals has an obligation to provide proper care – food, water, shelter and medical care, and when they fail to do so the Ontario SPCA may step in and remove them," says Ontario SPCA Chief Inspector, Michael Draper. "The Ontario SPCA will take whatever action is necessary to protect animals from neglect."
Since the Superior Court ruling, no payment has been made to the Society in the time period specified in the Ontario SPCA Act, and accordingly, under the terms of the Act, the Society is now entitled to adopt the dogs into new homes.
The husky and husky-mix dogs have been cared for by the Ontario SPCA for just over 10 months. When removed from Benyon, on veterinary recommendation, they were emaciated, had skin abrasions, external and internal parasites. One of the dogs required removal of an eye due to untreated glaucoma, and another was in such poor condition it sadly had to be euthanized. Their living conditions were assessed as extremely unsanitary, with inadequate water and access to shelter. Inspectors had found two dead puppies on an initial visit.
"The dogs are now in good health," says Ontario SPCA Director of Animal Care, Lisa Veit, "but the adoption process will take a little time. Each dog will be having a comprehensive formal temperament test and we will be profiling them, and potential adopters, to ensure a good match. Our aim is to place them in family homes. The dogs will also be spayed and neutered before adoption. A further announcement will be made very soon with information on how people can inquire about adopting one of the dogs." The Society will be taking legal steps to recover as much as possible of the costs owing, and criminal charges against Benyon are also pending.
References- OSPCA - February 18, 2004
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