The case that saw one of Canada's oldest and largest animal-welfare organizations hit by sensational allegations of animal abuse took an unexpected turn Monday when prosecutors dropped all 46 charges against the Toronto Humane Society, its former board and some senior staff members.
It was a serious blow for the Ontario Society for the Prevention of Cruelty to Animals, the organization that laid the charges. Crown attorney Christine McGoey detailed what she said was a long list of constitutional violations by OSPCA investigators that made it impossible for her to use the evidence gathered during a raid of the THS's primary shelter last year.
"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," she told the court.
The withdrawal of the charges is the latest development in a year that has seen the THS's reputation tarnished and donor base eroded as it faced one of the largest investigations into animal welfare in a shelter in Canadian history.
Ms. McGoey said the search warrant was so broad, it allowed investigators to stay for 56 days and seize documents that had nothing to do with the investigation - effectively making it impossible for the shelter to operate. In a separate search of then-president Tim Trow's home, investigators took personal items, including prescription medication, his birth certificate, passport and a diamond pendant, she said.
The defence went one step further, alleging the OSPCA brought the charges in a manner that could result in it taking over the THS and stopping it from competing for donations.
In a letter to the Crown dated July 30, obtained by The Globe and Mail, a defence lawyer accused the OSPCA of "an unprecedented abuse of investigative power" by using a high-profile public relations firm to help them "maximize public exposure" of the allegations.
The lawyer cited the Daisy Consulting Group making videos of the search - including one of the discovery of a mummified cat in a trap in the shelter ceiling - which were shown to media and then found its way onto Youtube while the raid was still being conducted last November.
It alleged that allowing the arrests of Mr. Trow, business manager Romeo Bernardino, operations manager Gary McCracken, shelter supervisor Andrew Bechtel and chief veterinarian Stephen Sheridan to happen in front of the cameras sensationalized the story and amounted to a perp walk.
The OSPCA maintains hiring Daisy, led by prominent Liberal Party strategist Warren Kinsella, was necessary to handle the media interest in the case and that there was nothing wrong with keeping the public up to speed on the progress of the search.
"One of our students was there to prepare for escorted media tours of areas that were not being searched. He was there when the cat was found in the ceiling, and filmed it," Mr. Kinsella said.
The OSPCA hit back hard against the Crown's assertions at an afternoon press conference, arguing that dropping the charges before the case went to court represented a step back for enforcement of animal-abuse laws.
Standing on a podium behind blown-up photographs of sick animals found at the THS shelter, OSPCA chair Robert Godfrey said the organization conducted the raids according to the parameters of the Justice of the Peace-issued search warrants and that the admissibility of the evidence should have been determined by a judge rather than the Crown.
"The faith in the province when it comes to animal cruelty has been shaken," he said.
OSPCA officials also took aim at suggestions the charges against THS were motivated by any competition for donors or rivalry between the two animal-welfare organizations.
Some, however, said the idea of a single organization operating shelters and enforcing animal cruelty laws represents a conflict of interest and questioned the delegating of enforcement duties to a private organization.
"You can't run shelters and enforce how shelters are run," said Liz White, an activist with the Animal Alliance of Canada. "Enforcement needs to be done by a public body with public oversight."
Frank Klees, a Progressive Conservative MPP who tabled a resolution in the legislature calling for better oversight of the OSPCA last spring, said the organization didn't have adequate training or funding to conduct large cases such as the one against the THS.
"The reality is, you can't have an organization mandated with law-enforcement powers and not have the appropriate oversight and the appropriate training," he said.
The province said the legislation related to the OSPCA's powers is not under review, but declined to comment on the proceedings.
In its submission, the Crown noted there was some evidence that the THS was overcrowded, that staff were inadequately trained and that there were delays in feedings, cleaning and the euthanizing of animals, but said the centre had made improvements in the wake of the investigation. THS has retrained its staff, hired six veterinarians and brought in consultants to help them determine how to improve conditions at the shelter, she said.
Lawyers for the defendants and the THS itself said staffers, board members and the organization suffered damage to their reputations.
"During the long process that pre-dated the election of the current Board, the image of the Society has been severely damaged," said President Michael S. Downey, elected along with a new board of directors in the wake of the raid, in a statement. "Public confidence must be rebuilt which will take time. During this past year we have witnessed a devastating reduction in donations that is making it difficult to operate the Society in the manner that our membership and the public at large fully expect."
Adrian Morrow