A Tangled Web…

This is a story that I actually had to draw a flowchart to keep track of… so bear with me here.

There are several key players, not the least of which are a well-known criminal and the OSPCA.  There’s also a rescue involved… go figure.

AND there are some horses that desperately need saving!

Player Number One

Richard “Butch” Clare

If you don’t know who he is, you’re obviously not from Ontario.  This is a well-known man who not only owns a cattle slaughter house / feed lot (Aylmer Meat Packers Inc.) – but he’s made a good living at transporting horses to slaughter.  Ah Butch, you’re already my favorite character.  My favorite part of Butch’s story is that he has plead guilty to, and been fined hundreds of thousands of dollars for, improper acts.  What improper acts?  Oh, you know… slaughtering cattle not fit for human consumption and putting it out in the market for us ‘humans’ to eat.  You see, the cattle he ‘slaughtered’ were already dead.  They showed UP dead.  The only animal that should have been eating that cow was a dog (not that I think that’s ok either).  He lost his (slaughterhouse) license FIVE times in 12 years!  That didn’t stop him from slaughtering cattle for human consumption though!  Oh no, not Butch!

Ontario Farm Faces $720,000 in Animal Cruelty Charges

Interestingly, I can not find mention of this story, well, anywhere.  The only place I found it was in the “Farmers Forum” which is, according to them, “Eastern Ontario’s and east-central Ontario’s leading farm newspaper”.  Article is posted below.  I find it very slanted, and quite inflammatory.  Of course, I’ve seen this attitude before with the (horse) pro-slaughter activists.  ‘Be careful farmers, it’s a slippery slope… if they ban horse slaughter it’ll end up killing the cattle industry… if they enforce humane laws it’ll kill the cattle industry… they’re all animal rights activists… blah… blah… blah‘.

I will, as usual, be breaking into the “article” to add my own two cents.  I can do that, because it’s my blog.  :)

Article

Shocker: investigators can ignore codes of conduct and make up their own rules

By Ian Cumming

CHESTERVILLE — Last December, an unidentified caller to the Ontario Society for Prevention of Cruelty to Animals (OSPCA) fretted about a dozen bred, healthy Holstein heifers standing outside a Chesterville-area farm. The heifers had free-choice baleage, later tested at 20 per cent protein, free-choice water, shelter beside the dairy barn and a nearby grove of trees. The temperature on the day was minus four degrees Celsius. It was a pleasant day for cows. It turned out to be one of the worst days in the lives of David and Marilyn Robinson, who owned the farm.

Ok.  First off, the slant in the article is evident by the very first sentence.  “fretted about a dozen bred, healthy Holstein…”  That bothers me.  Secondly, I would have to guess someone has a grudge against the Robinsons.  Why else would anyone call if it was only -4 degrees Celsius?  Especially if they had shelter?  And were in good weight?  I mean, most people wouldn’t even notice if there was enough water or food as they drove by!  But… the cattle weren’t in good weight.

Horses Starving and Injured while SPCA “Monitors”. Again.

The Ontario Society for the Prevention of Cruelty to Animals is up to it again.  For a month now the SPCA out of Hamilton have been monitoring six horses on a property in Millgrove.  The horses are malnourished, have rain rot, some are injured, but all are nice, sweet horses that are desperate for food, water and love.

A neighbour called the SPCA to report the horses.  The owner of the horses does not live there.  I have to wonder who DOES live there.  If you watch the video, you’ll see a house…  Are those people sitting in their living room, watching six horses slowly starve to death while collecting the rent on the barn and land?

Updates

Capone I

Anyone who knows anything about this horses’ former owner will enjoy this little update about his former horse Capone I.

http://www.chronofhorse.com/article/capone-i-endures-long-strange-trip-back-grand-prix-ring-hits-desert-circuit

Glad to see he’s back in shape, back to competing, and healthy and happy.  Now, if only his current owner gets permanent custody of that horse!

Appalachian Chief

Another update to be had is about Appalachian Chief.  He’s still on the “missing” list, as in no one knows where he is or who is taking care of him at this point.  Apparently the OSPCA doesn’t even know!  BUT, that being said I’ve finally located photos of the owner, Marg Butterwick.

http://www.flickr.com/photos/59016907@N06/

Apparently the couple in the top right corner are the ones who picked the horse up and transported him to… where ever.  Anyone know these people?

Appalachian Chief Update

Emails between Alberta Veterinarian Pat Gaviller and OSPCA

From: Pat Gaviller
Sent: Monday, November 15, 2010 4:55 PM
To: Ward McAlister
Subject: Re: Apalachian Chief
Hello Ward
It is my understanding that you tried to reach me today by phoning my former clinic. I will try and call you but as we are in the process of moving to B.C. and currently have no phone and no cell service at our place in B.C. I am frequently unreachable by phone. Therefore email may be the easiest way to contact me. I am somewhat confused by your mention of letterhead to my former clinic manager as nowhere in my previous email/ letter to you was the Country Hills Veterinary Clinic even mentioned and I have no email letterhead for the clinic. I would be happy to answer any questions you might have.
Kind regards,
F. Patricia Gaviller D.V.M.

From: Ward McAlister [mailto:wmcalister@ospca.on.ca]
Sent: Tuesday, November 16, 2010 8:02 AM
To: Pat Gaviller
Subject: RE: Apalachian Chief
Hello Dr. Gaviller,
My investigator found your contact on the internet and I assumed, mistakenly your original message was sent using their account. My apologies.
Anyway I wished to speak to you directly and give you a update and a overview of what we can and cannot do under the OSPCA Act.
Please  Google “Ontario Society for the  Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36.” .
Hope this clarifies some of the challenges we face when dealing with issues of animal welfare in the Province.
Thank you
Ward McAlister
Sr. Inspector Central Region,
& Investigation Advsior
OSPCA
wmcalister@ospca.on.ca

Hello Ward,
I apologize for taking so long to get back to you but life has been very busy. I did Google the reference you suggested – I had in fact already looked over the current version of this Act in detail prior to my initial letter. Then and since I have also perused the website of the OSPCA and the Alberta SPCA. Having dealt with issues of animal abuse in practice on a number of occasions I know how difficult they can be to deal with. I know that education is the 1st priority and is the preferred approach versus animal seizure and owner prosecution.

However to quote the Canadian Agri-Food Research Council’s Recommended Code of Practice for the Care and Handling of Farm Animals: Horses (the underlining is mine)…
1.1.4 It is the responsibility of people working with horses to be knowledgeable of the proper care and handling of horses. Ignorance is not acceptable as an excuse for cruelty and neglect. 

Besides it is my understanding that the owner of Apalachian Chief is registered with the Ontario Racing Commission and has worked as a groom so even ignorance is a hard pill to swallow as an excuse in this case. And as I also stated in my original letter I would rather be able to examine an animal and see for myself – that has not been possible in this case. Nevertheless to quote your own Act –
Veterinarians’ obligation to report
11.3  Every veterinarian who has reasonable grounds to believe that an animal has been or is being abused or neglected shall report his or her belief to an inspector or an agent of the Society. 2008, c. 16, s. 8. 

And so I chose to report what I felt and continue to feel to this day, is a bona fide case of animal abuse in the form of neglect. Again to quote the Act –
Standards of care for animals
11.1  (1)  Every person who owns or has custody or care of an animal shall comply with the prescribed standards of care with respect to every animal that the person owns or has custody or care of. 2008, c. 16, s.
18.1 HYPERLINK “http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o36_f.htm” \l “s18p1s1″(1) Every person is guilty of an offence who,
(b) contravenes or fails to comply with section 11.1;

And although finding these regulated standards of care took some doing I was able to find them …, relevant sections are quoted below – the asterisks are mine as I believe this is where the owner is falling short of her responsibilities.

ONTARIO REGULATION 60/09
STANDARDS OF CARE
Basic standards of care for all animals
2. (1) Every animal must be provided with adequate and appropriate food and water. O. Reg. 60/09, s. 2 (1). ***
(5) Every animal must be provided with an adequate and appropriate resting and sleeping area. O. Reg. 60/09, s. 2 (5). ***
(6) Every animal must be provided with adequate and appropriate,
(a) space to enable the animal to move naturally and to exercise; ***
(b) sanitary conditions; ***
(c) ventilation; ***
(d) light, and;
(e) protection from the elements, including harmful temperatures. O. Reg. 60/09, s. 2 (6). ***
(7) If an animal is confined to a pen or other enclosed structure or area,
(a) the pen or other enclosed structure or area, and any structures or material in it, must be in a state of good repair; ***
(b) the pen or other enclosed structure or area, and any surfaces, structures and materials in it, must be made of and contain only materials that are,
(i) safe and non-toxic for the animal, and ***
(ii) of a texture and design that will not bruise, cut or otherwise injure the animal; and …

Now I understand from some of the blogs where well-meaning people have tried to bring attention to Chief’s plight, that there have been some 17 (?) visits by the OSPCA to the premises in question; and the OSPCA’s own press release states that orders have been issued and the owner has complied with these orders. Well I’m sorry, but from the photographs (and a picture is worth 1000 words) it would seem that compliance lasted at the most a day or 2 before Chief’s stall was back in an unsanitary state, his water bucket was empty, and his food supply was again very questionable – present in insufficient amounts, often not reachable/ present at all, and of very poor (in fact I would call it ‘inappropriate’) quality.

Of course the results of the OSPCA visits also beg the question as to how it was that the owner managed to have food, water and clean bedding present and timed so well with these visits when it appears blatantly obvious from the photographs and documented reports that this was the exception and not the rule?

One would almost suspect that the OSPCA had a leak and that somehow the owner was made aware of the impending visits – but I’m sorry, I digress.

As I’ve been investigating Chief’s case I’ve also become aware that the OSPCA has come under fire in recent months and years for a number of seizures of animals that were later returned without prosecution and indeed with the implication that the seizures were in fact not legitimate. I can understand that this might make the OSPCA particularly cautious now, not wanting to act too quickly if a case does in fact not warrant seizure. However given the continuing sorry state of Chief’s domicile I can’t believe that the OSPCA’s inspectors can believe this is true in his case. 

The only actual improvement I can see in the last 2 months is a mild (and I stress mild) weight gain – but this is likely only a small regain of some fat stores; there is no sign of regaining lost muscle. And he still has an unhealthy bloated appearance. That pendulous belly is also unlikely to be fat – I would be suspicious of intestinal parasitism and/or bloat due to poor digestion related to poor quality forage/ poor feeding regimen in general. Using the Body Condition Scoring System for Horses I would suspect that he at best would be a ‘3’ – however without being able to ‘feel’ him this is only a best guess. Of course the ideal score in this scale is a 5.

SCORE DESCRIPTION
3 – THIN Fat built up about halfway on spinal vertebrae, transverse processes cannot be felt. Slight fat cover over ribs. Spinal vertebrae and ribs easily discernible. Tailhead prominent, but individual vertebrae cannot be visually identified. Point of hip appears rounded, but easily seen. Point of buttock evident. Withers, shoulders and neck accentuated.

And to quote the OSPCA act in terms of non-compliance…, again the asterisks are mine – although I am not privy to all the dates of the visits or details of any orders I would surmise from the photos that the orders are not being appropriately complied with…
Authority to determine compliance with order
11(6)  If an order made under subsection (1) remains in force, an inspector or an agent of the Society may enter without a warrant any building or place where the animal that is the subject of the order is located, either alone or accompanied by one or more veterinarians or other persons as he or she considers advisable, and inspect the animal and the building or place for the purpose of determining whether the order has been complied with. 2008, c. 16, s. 10 (3).

Taking possession of animal
14.  HYPERLINK “http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o36_f.htm” \l “s14s1” (1)  An inspector or an agent of the Society may remove an animal from the building or place where it is and take possession thereof on behalf of the Society for the purpose of providing it with food, care or treatment to relieve its distress where,

(a) a veterinarian has examined the animal and has advised the inspector or agent in writing that the health and well-being of the animal necessitates its removal;

(b) the inspector or agent has inspected the animal and has reasonable grounds for believing that the animal is in distress and the owner or custodian of the animal is not present and cannot be found promptly; or

(c) an order respecting the animal has been made under section 13 and the order has not been complied with. R.S.O. 1990, c. O.36, s. 14 (1). ***

Time for compliance with order

13.(4)  An inspector or an agent of the Society who makes an order under subsection (1) shall specify in the order the time within which any action required by the order shall be performed. R.S.O. 1990, c. O.36, s. 13 (4).
Item
13.(5)  Every person who is served with an order under subsection (1) shall comply with the order in accordance with its terms until such time as it may be modified, confirmed or revoked and shall thereafter comply with the order as modified or confirmed. R.S.O. 1990, c. O.36, s. 13 (5); 2008, c. 16, s. 10 (2).
18.1 HYPERLINK “http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o36_f.htm” \l “s18p1s1″(1) Every person is guilty of an offence who,
(d) contravenes subsection 13 (5); ***
(e) contravenes or fails to comply with an order of the Board; or ***
(f) knowingly makes a false report to the Society in respect of an animal   being in distress. 2008, c. 16, s. 16.

I would also emphasize some quotes from the OSPCA website…
How to recognize animal cruelty
Look for these common signs of neglect or intentional cruelty witnessed by Ontario SPCA investigators:
* Animals who are repeatedly left alone without food and water. Often they are chained up in a yard.
* Animals kept in dirty conditions including being forced to stand in their own urine and excrement

Neglect: Neglect is the failure to provide adequate water, food, shelter or necessary care. Examples of neglect include: starvation; dehydration; inadequate shelter; parasite infestations; failure to seek veterinary care when an animal is in need of medical attention; allowing a collar to grow into an animal’s skin; confinement without adequate light, ventilation, space or in unsanitary conditions; and failure to trim hooves or nails resulting in excessive growth (e.g. hooves curling upwards). In some cases neglect is simply a result of the owner’s ignorance, and can be rectified by law enforcement authorities, like the Ontario SPCA, educating the owner and issuing orders to improve the animal’s living conditions. In more severe cases, circumstances may require the Ontario SPCA, or other law enforcement authorities, removing the animals immediately to provide urgent medical care.

Signs of neglect – Chief is repeatedly left alone for extended periods of time without food  and water and is kept in dirty conditions including being forced to stand in his own urine and excrement. Neglect: The failure to provide adequate water, food, shelter…– I feel these conditions are met repeatedly. Necessary care? – that is harder for me to judge at a distance – without looking at, palpating and smelling his feet; without doing a microscopic exam of his feces to determine parasite load; without doing a blood test to determine other vital parameters… And what about exercise…….. please….. it is necessary for a horse’s physical, mental and emotional well-being!

I feel the OSPCA has done enough in terms of trying to educate this owner – this is not a case of ignorance. And is she really complying with all the orders? There is the letter of the law which I feel gives the OSPCA more than enough back-up to seize Chief There is also the spirit of the law – let’s face it – this owner would appear to have no intention of fulfilling Chief’s basic needs. I could go further quoting from the Recommended Code of Practice for the Care and Handling of Farm Animals: Horses – but I would end up quoting almost the entire code as Chief’s owner is non-compliant with both the spirit and the letter of this Code. The neighbours who have been reporting Chief’s neglect to the OSPCA are in fact doing their duty not only as caring members of the public but also as knowledgeable members of the horse industry themselves.

The ‘Code’ states…
1.1.2 People involved in the horse industry should be aware of the welfare of horses under their care or the care of others. This may involve reporting cases of cruelty or neglect to the proper authorities, who have the authority to lay charges under federal and provincial regulations.

So… Ward, I ask you and your peers at the OSPCA to revisit Chief’s case yet again and put yourself in Chief’s ‘shoes’ – ask yourselves if you can in all good conscience allow this to continue – do you really want to wait until Old Man Winter wreaks his havoc and takes Chief’s situation from bad to worse? I applaud the good work the OSPCA has done in the past. Please don’t drop the ball now.
Regards,
Dr. F. Patricia Gaviller, D.V.M., B.Sc.

Apalachian Chief

UPDATE:  And the name is… Margaret Butterwick.

My favorite quote so far:

It is cruelty and the present owner is skating by with the bare minimum allowable by law.

That quote pretty-much explains what has been going on regarding a Thoroughbred ex-race horse up in Vaughn, Ontario (30 minutes north of Toronto).  I will just copy and paste an article I read on the fantastic Canadian Horse Defense Coalition‘s Blog.

Also, if you’d like to read his story from the horses mouth (so to speak), go here.

There is an official statement by the OSPCA here.  (I’ve also made a screen shot of it, in case it “goes away” – bottom of post.)  Unfortunately, as per the comment above, most people think it is not sufficient that the owner is skating by with minimum standards of care, that she doesn’t provide those standards of care when not being watched, and that the minimum standard of care should provide for getting out of the stall each day – I believe there is a movement trying to get that legislated.

And there are people who are very vocal about the OSPCA and their “mistakes”… read OSPCA TRUTH and the news about the ringworm outbreak and the plans to euthanise 350+ animals.  That story in particular garnered a huge outpouring of anger.

OSPCA FAILS A CHAMPION

Posted on October 20, 2010

This is a tale of a racehorse. He won and placed in several prestigious races in his younger days, willingly running his guts out for the glory and enjoyment of his owner. The owner got the fame and fortune and the money.

Apalachian Chief heads to the winner’s circle after winning the Cup and Saucer at Woodbine in 1998 

This is a common practice in order to TRY to recoup some of the money the farm owner has already spent in giving the horse the care that they need and deserve. Among those sold is ‘our’ subject horse Appalachian Chief, known as Chief for short. He is bought by a lady who had him for a while and cared for him appropriately.  For whatever reason, this good owner sold him to the current owner.

This is where his life in hell begins on April 1^st2010.  Some would say that this was a cruel April Fool’s joke for this poor horse.

He was bought by a woman who has worked at the racetrack and various prestigious farms in the area for MANY years and knows very well how to care for horses – butCHOOSES NOT to.  She brings Chief to his new ’home’.  This ‘home’ is a garage with a chipboard cage on a cement floor.

 

The prison from outside

There is nowhere for him to go outside because there is no paddock.  There are no other animals and horses being a herd animal, after all, thrive in the company of others.  There is a skiff of bedding on the concrete floor but not nearly enough to provide a proper cushion for him to stand on which he must do 24/7.  He cannot even lie down comfortably, if at all due to the constant presence of feces and urine in his ‘stall’.

Where he has been since April 2010  

There is only a partially filled bag of hay and so he begins to live, without being able to stretch his legs for more than a trip around his approx. 7×12 foot ‘cage’.  The very nature of horses is that they must be able to have the ability to move freely over a large distance which this prison does not afford.

On April 2^ndthe OSPCA is called by a concerned neighbour who is an experienced horseman and who lives nearby.  They do arrive quite promptly and for the rest of the summer into the fall they pay weekly visits to Chief.

Throughout the incredible heat waves we had this summer Chief would go for days without food or water. Had it not been for the concerned neighbour ‘trespassing’ and sneaking him a little bit of water and picking a few handfuls of grass, we have no doubt Chief would have died.

Eventually a round bale of nasty, dusty, moldy hay that not even cattle would eat arrives and is placed outside his stall so that he can eat it, sort of.  It’s put just out of his reach so that swallowing is difficult.

Chief stretching for his mouldy hay  

Yes, the grey stuff in the photo below of the bale of “hay” is mould.  This the OSPCA deems as being acceptable.

Hay bale showing grey mould 

As was this bale of something he was forced to eat earlier on this year.

Hay? Straw? Mould? YES! 

A great many people have offered to purchase Chief from the owner, just to get him out of there, but she loves the attention not the horse.

One potential buyer had to spend upwards of 4 hours listening to Chief’s owner tell them how smart she is, how she outsmarts the OSPCA by having food present because that is all they need to see, about how she wins ‘wrongful dismissal’ suits, about how she does not believe in feeding horses unless they are being worked!

For those people who have offered to buy Chief from this woman when it comes to talking price she suddenly ups the amount she wants, often by double, and then caps it off by saying that she won’t sell him that she’d rather keep him so that she can write him off as a tax write off because he’s a “breeding stallion”.

With Chief’s escalating decline in health he will never be any kind of breeding stallion.

And so Chief stands, patiently serving his time in hell in this cage that was not cleaned out from April 2^nduntil after June, count that, that is over 3 months of manure, ankle deep manure in the heat of the summer, with no cross ventilation, holes in the roof above his head allowing a steady stream of rain to add to the black, stinking manure, day in day out.

Typical condition of Chief’s stall  

Months of flies eating away at him.

Months of wondering what he did wrong in life to end up like this.

Now, what does this have to do with the OSPCA?  EVERYTHING!

UNFORTUNATELY, THEY HAVE CONDONED AND FACILITATED THIS SITUATION.

How do have they done this?

They have been notified many times about this situation that they eventually started making regular visits, same day of the week, same time of the day. They wanted to ‘educate her’ and left the owner brochures outlining how to take care of a horse, andreminding her that she should feed him.

They would not ask or take into consideration all the people that were available to give references saying that she DOES know how to take care of a horse, but refuses to “’cause ain’t no body gunna tell me what to do with my horse, ain’t nun of their f..ckin’ business”.

All of the people concerned for this horse have been long time OSPCA supporters and know that funds are often tight and it is harder to re-home a horse than a kitten (they are all horsemen and horsewomen) and have let the OSPCA know that they have raised funds amongst themselves to pay for this horse, have arranged transportation that is on 24//7 standby, have found several options for places for him, all in an effort to help the OSPCA, IF they did their job and seized this horse.

This is met with a reply that they see nothing wrong and his care falls into the acceptable level of care as outlined for livestock and slaughter animals.

IF you read their own words on their own website about the necessary standards of care for ALL animals, it clearly states the animal must not be in  unsanitary conditions, it must have access to food an water, it must not be willfully neglected…………. and they are allowing every one of those ‘rules’ to be broken.

Chief showing wormy belly and protruding bone in his hindquarters from malnutrition. (The fresh layer of shavings he’s on was put down on OSPCA inspection day. Below is the norm.)  

This once dashing champion is wasting away before our very eyes

From the friendly, outgoing demeanor that was present when he first landed in this prison, he has changed to a depressed, frustrated and angry horse.  Who could blame him?

It appears that the OSPCA will not move until Chief is dead.

We are posting this story to raise awareness of Chief’s plight to implore our readers to demand that the OSPCA do the right thing and seize Chief and allow a reputable rescue take him and give him the good fitting home he deserves.

We also want to ensure that the you the public are made aware of this situation. You have the right to, no, need to know where your donations are going and what is being done with the money.  All of those cute little puppy and kitten and bunny calendars that the OSPCA sends out give a very misleading impression that they actually care about all animals and certainly does not come close to lifting the corner of that nasty little rug that they sweep these sorts of atrocities under.

Please contact the OSPCA and your local MPP to express your opinion on this awful situation.  And while you’re at it, tell them that the laws in Ontario and Canada have to be strengthened to protect all animals.

Chief and many others are waiting for your help!

——————————–

There is much being written about this case, so I am happy that people are “watching” what is going on out there.  There is also much being said about the OSPCA.  Most seem to think the OSPCA is not doing their job, or not doing a good enough job.  I understand that people want this horse out of there now.  I also think, to a degree, the OSPCA has their hands tied.  Tied by law.  Laws that are in place to protect innocent people from harassment.  Just imagine if a neighbour has a grudge against you and calls the OSPCA… if those laws were not in place the “authorities” could just come in and take your animals with no just cause other than the complaint.

But I do think that the OSPCA is feeling a bit like their back is up against the wall and they don’t want to bow to public pressure.  I think the pressure is making things worse for Chief, but the pressure is necessary.  I believe they are trying to “stand firm” because in the past they’ve been seen as making huge mistakes.  This time, they want to prove that they’re right.  ‘I won’t take that horse BECAUSE everyone is TELLING me to take that horse!’  Otherwise known as ‘I know you are but what am I?’

I agree that the laws are not well written – there are enough holes to drop a horse through – but it’s time there were some changes to those laws.  The OSPCA reportedly has the most stringent rules in the country.  I find that hard to believe… but ok, if you say so.

Oh, and one last thing?  Who the fuck would build a “stall” out of particle board in a fucking garage and expect to keep a horse in it permanently?  Lord woman, you are truly fucked in the head.

OSPCA Statement:

OSPCA Statement