Toronto Humane Society charges dropped

[Cathy1]

Toronto Humane Society charges dropped

16/08/2010 4:54:17 PM

CBC News
The Crown has dropped all charges against six former leaders of the Toronto Humane Society, including erstwhile president Tim Trow.


The Crown told a courtroom at Old City Hall on Monday morning that there were several legal problems with a November raid by the Ontario Society for the Prevention of Cruelty to Animals that led to the charges against the five senior members of the society.


Some of the problems include seizures that were too broad and the presence of the media at various times during the execution of the search warrant, the Crown said in a document outlining the reasons it dropped the charges.

"Ultimately, the Crown has concluded that the lawfulness and execution of these warrants were seriously flawed to such an extent that the Crown would be unable to successfully tender the evidence seized during these searches," the prosecutors wrote.

The Crown was also concerned with the OSPCA's use of civilians - including private investigators - during its investigation.

Taken together, these issues ensured there would be no reasonable chance of conviction of any of those charged, the Crown said.

An angry Rob Godfrey, chair of the OSPCA, said at an afternoon news conference that the Crown's decision means "open season for animal cruelty in the province of Ontario."

He added: "We are outraged by the Crown's decision to drop all charges of animal cruelty, conspiracy and obstruction - [against] the former THS staff members."

Godfrey also appealed to Ontario Attorney General Chris Bentley to review the Crown's move.

The OSPCA is a provincial agency charged with enforcing the province's animal cruelty laws and has the power to lay charges both under the Criminal Code and the OSPCA act.

5 charged in initial raid

The OSPCA took over the humane society on Nov. 26, 2009, after a much-publicized raid. Investigators said they found animals that were neglected at the shelter, with some being left to die in cages without proper care and nutrition.

Five senior officials were charged with animal cruelty:

- President Tim Trow.

- General manager Gary McCracken.

- Head veterinarian Dr. Steve Sheridan.

- Supervisor Andy Bechtel.

- Manager Romeo Bernadino.

Charges against Trow, McCracken, Bechtel and Bernadino also included obstruction of a peace officer.

Members of the society's board of directors were charged with five counts of animal cruelty, a provincial offence under the OSPCA Act.

Vijay Kumar, another society leader, was charged in March with animal cruelty. All those charges have now been dropped.

The humane society reopened its River Street shelter on June 28, seven months after it was closed following the raid. A new board and president, Michael Downey, is now in charge, and the shelter's veterinary clinic has been reaccredited by the College of Veterinarians.

[mastifflover]

That sucks I thought one of the reasons they took so long getting in there was because they wanted the charges to stick. I hate that these people will walk away from this pretty much unscathed. But at least there is Karma and hopefully they will get there just desserts.

[Love4himies]

I thought what the OSPCA did was wrong and never agreed with it. They walked into that shelter with their own agenda and wanted to run it with the same policies that they have.

I believe the money they have spent on bringing down the THS could have saved many, many, many more animals living in much worse conditions than the THS animals. What a waste

[Mom_Of_Two_Dogs]

Whether or not what OSPCA did was right or wrong, something still should have been done to get Trow at least an animal abuse charge. The pictures of those moribund cats and the mummified cat in a cage are horrifying; I can't begin to think of the suffering they have gone through. Nobody should be allowed to just walk away from that. Animal cruelty laws need to be far stronger.

[Chris21711]

The way things were at the THS had to change big time. The condition of some of the animals at the THS was heartbreaking and for what....to keep their euthanasia stats low, to let animals die suffering in their cages, a hodgepodge of controls which led to no control.

The OSPCA were overzealous in the way they went about their investigation, lost their way in what they were really there for, and overlooked the legalities on how the investigation should proceed.

In an Editorial in the Toronto Star this morning, it mentioned that during the search on Tim Trow's residence, his passport, a diamond pendant and other items were removed. What these items have to do with animal cruelty .

[Love4himies]

Perhaps something had to be done, but do you put all your resources into a few animals while thousands of others are suffering throughout Ontario?

If they put as much effort into rescuing other animals as they did at the THS, mills would be out of business.

My point is not on whether there should have been action, but the amount of action the OSPCA took. Too me, go in, do your investigation, lay the charges, get out, do follow up. Perhaps it was the amount of press this investigation got . Perhaps it is because I volunteer for a no-kill shelter and have gone in before the cleaning volunteers come in and see the state of some of the cages , that the pics and some of the stories didn't surprise me.


Just my

[Chris21711]

Like I said in my post L4H they were overzealous. The lead Investigator had an air that didn't become the situation, egged on by management with a vendetta......Cleanliness wasn't the problem, that was the least of the problem.

It needed to change, it will change, let's all hope that it will be for the better

[Tundra_Queen]

Can't the OSPCA do anything right?