McAnerin v British Columbia Society for the Prevention of Cruelty to Animals, [2004] BCJ No 2271 (BCSC)

This is an application by Louise McAnerin, the petitioner, for a judicial review of a seizure and detention of her 100 animals. McAnerin did not have a phone, and so a special constable went to her property as a result of the concerns of an employee for the respondent Society for the Prevention of Cruelty to Animals shelter that animals owned by McAnerin could be in distress.

As he approached the house, the constable saw four dirty dogs chained to the bumpers of trucks with no food or water and a limping horse. The door was open but no one was home. The constable observed large amounts of feces on the ground. He left and tried to find McAnerin, but could not find her. Eleven days later, an information to obtain was sworn and a warrant obtained, based largely on the constable’s observations.

The court dismissed the application. The dominant purpose for the constable’s attendance at McAnerin’s residence was to enable him to speak with McAnerin and not to gather evidence to support the warrant ultimately obtained.

Source: Case Law

Jurisdiction: British Columbia

Topics: applicationdistressseizureSPCAwarrant

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