Dog owner loses Charter case against OSPCA,
OSPCA’S search of home no violation: Board
The Ontario Society for the Prevention of Cruelty to Animals did not violate Jessica Johnson’s Charter rights when its agents entered the Lyndhurst, Ont. woman’s home last May in the belief she was harbouring animals in distress, the Animal Care Review Board has ruled.
In a decision released this week, the board found that the search warrant obtained by the OSPCA was properly drawn up despite some omitted information, was supported by reasonable grounds, and was executed in a reasonable manner.
Based on that, the board ruled that the OSPCA’s search of her home on May 18, 2012, did not constitute a violation of the part-time dog breeder’s constitutional guarantee against unreasonable search and seizure.
After receiving an anonymous tip, an agent entered Johnson’s house through a bedroom window, then let other agents and police in through the front door. That was not unreasonable, the board found, given that the agents spent 20 minutes knocking and shouting in an effort to get Johnson’s attention and accomplished the entry without damaging the house.
After concluding five of Johnson’s adult dogs had dental problems, the OSPCA ordered her to have them examined by a veterinarian. The order was later amended to cover just four dogs.
Ultimately, a veterinarian gave three of those dogs a clean bill of health. Though otherwise healthy, a nine-year-female Yorkshire Terrier-cross named Vicki was found to be suffering from severe tartar buildup, severe gingivitis and recession.
While the board ruled that the OSPCA agents had reasonable grounds for ordering a veterinary examination of Vicki, they did not have reasonable grounds for believing the other three dogs were in distress, it found. It ordered the OSPCA to reimburse Johnson $207.04 for the vet’s examination of those animals, but declined Johnson’s request for legal costs.
The unusual case attracted media attention because it was the first time the usually low-profile review board had agreed it had jurisdiction to hear a Charter argument. The OSPCA also hired high-powered lawyer Clayton Ruby to argue its case.
Though Johnson was partially successful, Ruby said Friday that the OSPCA “won everything” in terms of her Charter application.
“That’s important to us because she made vile accusations of unconstitutional search and the board has rejected every allegation,” he said. “The public should know that we act constitutionally to protect animals.”
Ruby said the OSPCA plans to appeal the finding that the OSPCA didn’t have reasonable grounds to issue orders for three of Johnson’s dogs. It will also appeal the board’s conclusion that it has jurisdiction to hear constitutional arguments, he said.
“They shouldn’t be handling it,” he said. “They’re set up to do speedy one- or twohour hearings on factual matters to be completed within 15 days.”
The OSPCA has not disclosed its costs, but has said it financed the case with donated money, not government funding.