McAnerin v. BC SPCA et al., 2004 BCSC 1430

Application by the petitioner McAnerin for judicial review of a seizure and detention of her 100 animals. A special constable attended McAnerin’s lands 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.

The judge 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. There was evidence available to reasonably support the opinion that animals were in distress.

Source: Case Law

Jurisdiction: British Columbia


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