Home / Crime and Justice / Court Dismisses Charter Challenge Over Seized Pony
Court Dismisses Charter Challenge Over Seized Pony
8 Apr
Summary
- B.C. Supreme Court rejected a woman's lawsuit over a seized pony.
- The lawsuit claimed seizing pets receiving care violates Charter rights.
- The court found the challenge was an improper appeal of a conviction.
The British Columbia Supreme Court has rejected a Charter challenge brought forth by a Surrey woman concerning the seizure of her miniature pony. The woman had alleged that the seizure of her pet, while it was under veterinary care, infringed upon her Charter rights related to life, liberty, and security of the person.
This legal action followed the seizure and subsequent euthanasia of her miniature therapy pony, Bentley, by the B.C. SPCA. The pony had sustained an injury in July 2022 and was under veterinary treatment, but it was euthanized before a planned surgery could occur.
Justice Richard Fowler stated in his decision that the woman's arguments could have been raised during her prior animal cruelty proceedings. He determined that attempting to appeal a conviction through a civil lawsuit constituted an abuse of the court's process.
While her Charter challenge was dismissed, the woman is pursuing a separate civil lawsuit against the B.C. SPCA, alleging unlawful and bad-faith actions.
