Animal breeder fined

SPCA HAD SEIZED MORE THAN 200 FROM PROPERTY

A southern Alberta animal breeder, who had more than 200 animals seized from his property in Milo, avoided a more serious conviction in court on Friday by pleading guilty to contravening the Municipal Government Act, and agreeing to pay a $10,000 fine. Tyler John Clark Marshall was also allowed to to get some of his animals back in a separate civil court ruling earlier this year.

Marshall, who was represented in all matters by Calgary lawyer Brendan Miller of Walsh LPP, had originally been charged under the Animal Protection Act with causing animals to be in distress and failing to provide them with proper care.

He was able to successfully have those charges withdrawn after producing testimony from a local veterinarian who had viewed Marshall’s animals on April 22, and related they were in good health in that person’s opinion, prior to their seizure on April 24 — thus contradicting the assessment of the SPCA’s veterinarians, who found the animals to be improperly cared for. That matter is still under separate civil litigation.

What Marshall actually pleaded guilty to on Friday was contravening a Vulcan County bylaw which prohibited him from owning more than three adult dogs over the age of one year without a special permit.

As a consequence of Marshall’s civil suit to have some of his animals returned, he is able to keep on his property — according to the decision filed with the courts — no more than three dogs of over the age of one year, 14 dogs between the ages of 12 weeks and one year, six puppies under 12 weeks old, 17 rabbits, eight cats and two giant leopard tortoises.

The SPCA had originally seized 131 dogs, 62 rabbits, eight cats and three tortoises from Marshall, the majority of which will not be returned.

According to the statement of facts filed with Lethbridge Provincial Court on Friday, Marshall first came to the attention of the SPCA after receiving a complaint from a Bonnyville man who had purchased a puppy from Marshall on April 13, 2017 which turned out to have canine parvovirus, a highly contagious viral disease which normally effects the dog’s digestive system.

The man took the dog to a vet and had the animal treated. The purchaser then approached Marshall with his complaint of the dog’s poor health, and Marshall agreed to pay the vet bill for the customer. However, the purchaser then contacted the SPCA to express his concerns about the health of Marshall’s animals. A peace officer was sent to investigate the property on April 20. As a result of this investigation, a search warrant was obtained by the SPCA and served on April 24 which resulted in the seizure of all animals on the property and to the Animal Protection Act charges against Marshall. These charges have now been withdrawn.

Marshall lawyer Brendan Miller said his client was satisfied with the conclusion of this aspect of the case.

“The charges before the court were not actually criminal; they were regulatory,” explained Miller. “He was charged under the regulatory offence which carries a maximum fine of $20,000. However, a prohibition and his employment, and his business, as a person who works with animals would have been in jeopardy. He is quite pleased with the bylaw issue being resolved and the rest of the matter is still before the civil Court of Queen’s Bench in Calgary.”

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