Farm review board rules BCSPCA shouldn’t have seized Oliver woman’s dogs, birds

A South Okanagan woman, who once had 59 dogs seized when she was a professional breeder, has largely won an appeal after a BC tribunal ruled that the BCSPCA had no right to take some of her pets in the first place.

According to an Oct. 7 BC Farm Industry Review Board decision, Oliver resident Casey Arnold had two parrots, a macaw, a Chihuahua and a Pomeranian seized from her RV by the BCSPCA last summer.

However, Arnold appealed to get her pets back, and the Tribunal largely ruled in her favour.

“Bentley, Buggy and Echo were not in distress at the time of seizure,” the BC Farm Industry Review board said in the decision. “These Animals should not have been removed from (Arnold’s) care and should therefore be returned without delay.”

The board did, however, rule that two birds, a blue and gold macaw called Phoebe and an African grey parrot called Gary, should remain with the BCSPCA until Casey finds more appropriate housing.

The decision said Casey recently moved to Oliver from Quesnel, where she and her former husband had run a commercial dog kennel breeding cane corso dogs and some smaller breeds, including Chihuahuas.

The kennel made headlines last December when the BCSPCA seized 59 dogs and 14 birds from what it called an “irresponsible breeder.”

Casey, who had been a professional breeder for nearly 20 years, is now facing two criminal charges for causing unnecessary pain and suffering to an animal and failing to provide the necessities for an animal. The charges have yet to be proven and are moving through the court system.

In the farm review board decision, she said that at the time the dogs were seized in Quesnel, she had separated from her husband and become “overwhelmed by the enormity” of caring for the dogs.

She moved to Oliver in an effort to restart her life.

While in Oliver, Casey had been buying puppies from Alberta and selling them, and the BCSPCA were called by a neighbour who thought she had too many animals in her trailer.

Last July, the BCSPCA showed up with a warrant and seized three birds, two dogs, three puppies and a sugar glider.

Casey willingly gave up one dog, two puppies and the sugar glider, but appealed to get the other birds and dogs back.

The BCSPCA argued Casey was breaching an earlier agreement that she wasn’t allowed to own dogs.

“The Society also placed considerable weight on their assertion that the (Casey) had breached the return agreement and therefore could not be trusted to maintain a distress-free environment for the Birds going forward,” the board said.

However, the board found Casey had upheld the agreement and any breaches were not abuse or neglect.

The BCSPCA also argued that Casey’s RV was not a safe place to keep the pets.

BCSPCA said there was garbage inside and outside of the RV and plenty of feces.

However, the board found there was no garbage and just clutter, and the feces were restricted to pee mats spread around the RV. The decision said the ammonia readings were below detectable levels.

The BCSPCA presented evidence from several vets who testified that the animals shouldn’t be given back.

But the board found the birds were properly hydrated and at a healthy weight, and were two of Casey’s pet dogs.

“All of the evidence shows that Echo is a healthy, well-adjusted bird and the reasonable inference is that her general well-being is a positive reflection on the care provided by the (Casey), the board said.

The decision said that Gary and Phoebe were both rescue birds and the BCSPCA wanted them to be re-homed elsewhere.

The board disagreed.

“Both Phoebe and Gary show signs of trauma that will require an owner dedicated to making incremental improvements over time and that is exactly what the (Casey) has demonstrated while they have been in her care,” the board found. “(Casey) has experience with these birds and loves them. What she needs to do is create for them an environment that will, to the greatest extent possible, help them thrive and overcome the trauma of their early years.”

However, the board ruled Casey needed a better living arrangement before the birds could be returned.

Ultimately, the board ruled the dogs Bentley and Buggy, and the bird Echo, should not have been taken in the place and should be returned at no cost.

Casey will have to pay $4,883 in costs before she can get Gary and Phoebe back and be in a more pet-appropriate home. She has 60 days to pay or the birds will become the property of the BCSPCA.