The owner of a herd of horses seized by the SPCA wants them all back and has filed an appeal to have them returned.
The owner has not been identified, however according to the SPCA's general manager of cruelty investigations, Marcie Moriarty, the Prince George-area case has passed several levels of due process already, and may reach the Supreme Court.
"As of yet there has not been a formal Supreme Court action launched and I don't know that one will be. We are still in discussion with the owner," she said.
The owner was first contacted by cruelty investigators in mid-winter, she said, and was given "several opportunities over several months" to comply with specific orders for the health of the 15 horses.
When compliance was not satisfactorily met, the horses were taken away and placed in a facility to recover their deteriorated health.
The owner took advantage of his right to launch an appeal within 14 days of the date of seizure, triggering Moriarty's investigation.
"I have made a decision, based on my examination of the appeal, to not return the animals, but that is in dispute," she told The Citizen.
It may become clear in a matter of days when a conclusion to the case might be reached, or whether a court decision would be required, said Moriarty.
In the meantime, nine of the horses are in the care of the Prince George Equine Rescue Centre and five have been taken in by foster families, as the case proceeds.
Moriarty said seizing animals is always "a last resort" for SPCA law enforcement officers, and the steps to that seizure are typically well documented.
Four appeals are currently underway in B.C., and the SPCA's success is typically very high in maintaining, with evidence, that they acted appropriately.
The individual at the centre of the horse seizure has more than just the loss of the herd to consider. There is also Section 20 of the Prevention of Cruelty to Animals Act.
"Absolutely we are applying that principle in this case, that is, the responsibility of the animals' owner to pay all costs associated with the seizure and the animals and the care of the animals during the entire process," she said.
"We have actually sold people's houses to pay those bills. We don't seize animals for profit. Horses are not a hot commodity at the moment, and they are costly to look after, compared to other animals. This is about sparing animals from the cruelty of their owners, and restoring them back to health if intervention is required."
