Good morning, Chair and honoured members of the parliamentary committee. I will be reading from a prepared statement, so forgive me if I'm looking down a bit.
Thank you for the opportunity to speak to the amendments this morning.
My name is Shawn Eccles. I'm the senior manager of cruelty investigations. I'm currently in my 40th year with the British Columbia Society for the Prevention of Cruelty to Animals, the B.C. SPCA, a proud and active member of Humane Canada.
I oversee a team of 41 full- and part-time animal cruelty investigators or animal protection officers. All animal protection officers with the B.C. SPCA are sworn in as special provincial constables under the Police Act and, as such, are empowered to enforce the Prevention of Cruelty to Animals Act, the cruelty to animal provisions of the Criminal Code of Canada and any other laws relating to the prevention of cruelty to animals.
In addition to my work at the B.C. SPCA, I've also represented Humane Canada, formerly the Canadian Federation of Humane Societies, as a council member and now as a board member with the Canadian Council on Animal Care. I have received the B.C. SPCA Stu Rammage award as lead investigator on a cockfighting investigation in 2008 and again in 2012 for the Whistler sled dog investigation. I was awarded the B.C. SPCA lifetime achievement award in 2012.
I have been asked to speak and give my perspective as a member of a small group of law enforcement professionals that garner little recognition or respect but are held to the same standard and are required to comply with the same rules of evidence as our colleagues in other areas of law enforcement. As animal protection, welfare and control officers, we bear witness to atrocious incidents of cruelty and neglect on a daily basis, yet nothing prepares you for the disturbing evidence awaiting you in investigating offences against animals solely for the purposes of exploitation and enjoyment or the sexual satisfaction of a select few individuals.
I support the amendments as proposed for the following reasons.
The current interpretation of bestiality— Regina v. D.L.W., June 9, 2016—does little to support officers investigating and reviewing hours of videos depicting sexual acts on all manner of animals by humans, which if perpetrated on non-consenting human partners would be considered sexual assault. Added to this is that often the acts are performed by the vulnerable sector, primarily women and children, at the coercion of their abusive spouses or so-called caregivers. One such file was investigated in November 2017, in which the evidence gathered by investigators was pictures and videos of a woman allowing an animal to perform sex acts on her. No charges were submitted to the Crown as there was no evidence of penetration.
While the number of investigations may pale when compared to other complaints received, we've received 30 bestiality complaints since June 10, 2016. The impact on resource-depleted agencies should not be ignored. These are offences that require specialized skills. Animal vaginal and anal swabs are taken and sent for forensic testing at labs both in Canada and in the United States. The B.C. SPCA has developed a relationship with a U.S.-based forensic veterinarian so that veterinarians contracted with the B.C. SPCA to assist in these investigations may regularly communicate with their international counterparts in order to learn about forensic veterinarian medicine and the collection of evidence.
Our officers collaborate with board-certified animal behaviourists when animals are believed to have been abused sexually by their caregivers. The emotional and psychological toll not only on the victims—both human and animal—but on the investigators is significant. One of our officers who viewed hours of videos in order to identify a perpetrator by his genitalia so that a conviction could be obtained is haunted by those images to this day.
As the lead investigator on two large cockfighting files, I can speak personally to the inadequacies of the legislation and the lack of knowledge in traditional policing agencies with respect to these types of investigations. In January 1998, police attending a random call literally stumbled across a cockfight in progress. Thirty-nine individuals were detained, searched and released. The B.C. SPCA was called because animals were involved. B.C. SPCA special constables attended, armed with a search warrant, and conducted a search of the premises, uncovering caches of cocaine and steroids used in the murky world of cockfighting.
Police officers were asked if during their search they found any evidence of betting, or confiscated any monies. We were told that they were not aware that they should be looking for money. Seventy-two fighting cocks and substantial fighting paraphernalia were seized. Thirty-nine individuals were charged. One individual was convicted and received a fine of $750.
ln February 2008, following a year-long joint investigation with the integrated gaming enforcement team, the B.C. SPCA, assisted by police and municipal bylaw enforcement, executed search warrants on three properties in Surrey, British Columbia. B.C. SPCA officers were on the largest property for 24 hours, searching and documenting the site. Birds were tethered to barrels. Several were found to have injuries consistent with fighting—gashes, infected wounds and missing eyes. Significant cockfighting paraphernalia, including metal spurs, trophies, scorecards and weigh scales were found. As well, 1,270 cocks were seized and euthanized using physical manipulation methods. Cockfighting pits were found in multiple locations on two of the sites. Charges were presented to the Crown against three individuals, one of whom was convicted.
B.C. SPCA special provincial constables have executed multiple warrants on a number of properties where cocks continue to be kept, bred and are believed to be used for cockfighting purposes. However, their hands are tied, because the bad guys know that as long as cockfighting pits are not on their property, there is little we can do. Warrants were executed on properties, both rural and urban, where large numbers of dogs historically used in fighting were housed. Paraphernalia regularly used in both lawful and unlawful events were found, resulting in a lack of substantial evidence to pursue to legal proceedings.
The current language in paragraph 445.1(1)(b) severely limits the ability for law enforcement to pursue charges, as access to an animal fight is difficult at best. Broadening the language to include “the training, transporting or breeding of animals or birds” gives those animals at risk greater protection. My colleagues in other jurisdictions can speak to their experiences in conducting dogfighting investigations involving organized crime and the difficulties in pursuing justice. The B.C. SPCA operates 36 branches where animals are brought into care through various means. It is not unheard of to receive dogs that have highly suspicious injuries believed to have occurred as a result of underground dogfighting.
ln summary, I ask you to give serious consideration to the amendments as proposed in order that I, my colleagues, and all law enforcement professionals are given the ability to effectively investigate and enforce animal offence provisions and help to make lives a bit better for the animals we have chosen to protect.
Thank you.