by BETTER FARMING STAFF
Wednesday was to be Ian Luckett’s day in court.
The horse farmer, who lives in Hillsburgh, was bringing a Charter of Rights challenge against the Ontario SPCA, citing illegal searches of a farm he rented on Highway 9 in Adjala-Tosorontio Township in November, 2008 and February, 2010. The searches were used to gather evidence that resulted in seizure of 32 Tennessee Walking Horses and 14 charges that Luckett wasn’t taking proper care of them.
Instead, in the Ontario Court of Justice in Barrie, Crown Attorney Carol Mitchell told Justice Grainne Forrest that the Crown was dropping all charges against the horse owner. “You are free to go,” Forrest told Luckett.
“There is no more venue for me to hear your application,” the Justice repeated to a protesting Luckett, who wanted to proceed, adding that she was able to hear a constitutional question only in the context of charges against a defendant. Replying to Luckett’s complaint that he had “incurred costs,” Justice Forrest said: “If it is purely a monetary issue it can go to a civil court.”
After the Justice left the courtroom, Mitchell told Luckett that she “just found out this morning” that a key witness, former OSPCA Orangeville and District Branch agent Sara Wilson, would not attend the hearing. There were three uniformed Ontario SPCA agents present in the courtroom.
Luckett, who was representing himself, says his costs include $10,665 paid on April 30, 2010 to get his horses back following an Animal Care Review Board hearing. Luckett called the fees for taking care of his horses after the SPCA seized them “ransom.”
Luckett also wanted to request the court to restrain the OSPCA from coming near himself, and his elementary school-aged son who was also in the courtroom. The Justice noted that she did not have the power to place a restraining order against the Ontario SPCA. “I do understand your frustration. I simply have no jurisdiction,” the Justice repeated.
Outside the courtroom, Luckett told a reporter that vehicles marked with Ontario SPCA emblems continue to park on the road near the farm where he keeps his horses. Luckett said he has warned agents not to trespass on his property.
Luckett said he is considering legal action against the Ontario SPCA to recover damages. He cited the case of eastern Ontario farmer he said is suing the OSPCA for $500,000 after charges that he wasn’t caring for his animals were stayed. “Half a million isn’t a lot of money,” Luckett said.
Agent Brad Dewar, the Ontario SPCA’s investigation communication officer, said “the decision was made by the Crown and we do respect that decision.”
Sara Wilson “is no longer with the organization. Under the Privacy Act, we can’t respond as to why she is no longer with the organization,” said Dewar. Charges that are “dropped” or “dismissed” can’t be reinstated. Charges that are “stayed” may be brought back later by authorities.BF
Comments
He has every right to sue OSPCA. The ones that are sitting at the end of his driveway should be charged and made to leave him alone or face jail time. The OSPCA and PETA has all kinds of money and think they can do what ever they like and get away with it.
I hope all donations as a result of this illegal seizure are turned over to the owner and he also sues. What price is fair for terroring a person? Shame!!! It seems like they are a private police force with no one overseeing their actions.
where can i donate fully support
This is typical of how the OSPCA has been operating. They confiscate a person's animals, citing the owner with animal abuse. The charges are either dropped or never pursued. The owner is then told they can have their animals back (assuming the animals are still alive) if the owner pays thousands of dollars in "boarding" fees.
If the OSPCA can't prove the charges against the owner, then why should the owner have to pay for boarding wrongfully confiscated pets or livestock? But the OSPCA continues to get away with what amounts to extortion because they have been given virtually unlimited powers by the McGuinty government. And McGuinty refuses to change things to make the OSPCA accountable for its actions.
Something to remember come voting day.
And please DO vote! I don't care who you vote for, just vote! It's too precious a right to squander.
Id does appear as though the SPCA is out of control. I used to support the organization until I realized the animal protection salaries were financed by donations- big seizures mean big donations. They have a vested interest in seizing animals. Check out the Revenue Canada site to see exactly where your donations are going.
http://www.cra-arc.gc.ca/ebci/haip/srch/advancedsearch-eng.action
Anonymous comment deleted by editor.
It is absolutely farcical that this organization can seize any animals at all. In the law and Charter of Rights and Freedoms Section 11 d it states "to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal." No animals can be seized until it is actually proven that there has been negligence, cruelty or abuse. In many of the cases post 2003 the OSPCA has broken even their own goals of education and remediation before the draconian methods of seizure. They have no place in determining any type of agricultural and farm husbandry at all. They are a charity with more powers than the police. WRONG AND ILLEGAL!
They have the backing of the so call want to do good,they likely don,t think that alot of their money goes to paychecks. There is animals that do need to be protective from abuse and their is people that need to be protective from the ospca. As far as the big fines and taking the animals away why don,t they send a person or two out to the farm to work with and help show them how to take better care of them. That because they won,t get their big pay day.
cheap shot deleted by editor
What about animal rights. Do they not have the right to food, water and shelter
The Ontario SPCA cannot just search the private property with out any court order. Totally illegal, even you have witness that can testify on court.
Any know if he sued? and what the out come was?
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