Toronto Star

Ontario SPCA’s powers revoked

Private organizati­on enforces laws with little oversight, judge says

- HOLLY LAKE

An Ontario judge has ruled that the authority of the province’s animal-welfare agency to enforce laws that protect animals is unconstitu­tional because it allows a private organizati­on — the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) — to enforce public laws with little oversight or transparen­cy.

“The OSPCA appears to be an organizati­on that operates in a way that is shielded from public view, while at the same time fulfilling clearly public functions,” Superior Court Justice Timothy Minnema said in a strongly worded decision released Wednesday. While investigat­ors and agents with the OSPCA have police powers, they are not subject to the Police Services Act, which has created a system for oversight and accountabi­lity for police and law-enforcemen­t bodies.

“The OSPCA is opaque, insular, unaccounta­ble, and potentiall­y subject to external influence, and, as such, Ontarians cannot be confident that the laws it enforces will be fairly and impartiall­y administer­ed.”

“Rather, the OSPCA has a policy manual that it has created related to entering homes and seizures of property, and that manual is not a public document,” Minnema said.

“Complaints and discipline are dealt with internally.”

The court’s order will take effect in 12 months, giving the province a chance to create a new system of animal protection.

As the court noted, the constituti­onal challenge was not intended as an attack on the OSPCA itself. Jeffrey Bogaerts, the paralegal who launched the case, saw the agency as a victim of the legislatio­n, and acknowledg­ed it may be doing the best it can under the circumstan­ces.

Unlike virtually every public body in Ontario, the OSPCA isn’t subject to the Freedom of Informatio­n and Protection of Privacy Act, which would require it provide access to in- formation. Nor is it subject to the Ombudsman Act.

The decision recognized a new principle of fundamenta­l justice, declaring that under Section 7 the Charter of Rights and Freedoms, it is unconstitu­tional for the province to assign police and other investigat­ive powers to a law-enforcemen­t agency not subject to reasonable standards of transparen­cy and accountabi­lity.

“It’s a huge deal that the court created a new one,” said Camille Labchuk, executive director of Animal Justice, a national animal-law organizati­on.

“They almost always reject them. We think it’s very good for animals (that agencies have to be transparen­t).”

Animal Justice was an intervener in the case, arguing that enforcemen­t agencies must be accountabl­e and transparen­t to ensure animals benefit from le- gal protection­s.

Among the concerns raised in court are secret memorandum­s of understand­ing with industry groups, and the fact that the OSPCA receives donations from the public — the very people it’s tasked with investigat­ing when problems arise.

Ontario will now have an opportunit­y to revisit the enforcemen­t of provincial animal laws, which Labchuk said is long overdue, given the many years the responsibi­lity for animal protection has been “shunted off” to a private charity.

“The conversati­on is being had, and it’s up to the government to start bringing this regime in line with modern, 21stcentur­y values. Animal Justice will support a system that puts animals first.”

For now, things stay the same. The court argued that if the order took effect immediatel­y, it could deprive animals of the protection­s afforded by the OSPCA Act.

“Compromisi­ng animal welfare, even for a transition­al period, would be an untenable result, in my view,” Minnema said.

As the court noted, the constituti­onal challenge was not intended as an attack on the OSPCA itself

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