The B.C. Supreme Court has rejected a legal action brought by a Surrey resident who argued that taking away a pet during veterinary treatment violates constitutional rights. Marie-louise Felicia Allen initiated the lawsuit earlier this year after the seizure and subsequent euthanasia of her miniature pony by the B.C. SPCA. She contended that the pony had a treatment plan in place following an injury in July 2022 but was put down before receiving care.
Allen was later charged and found guilty of causing an animal to remain in distress. She alleged that British Columbia’s Prevention of Cruelty to Animals Act violates Section 7 of the Charter, specifically the rights of pet owners to life, liberty, and security, by permitting pets to be seized while under veterinary care. However, the Supreme Court dismissed the Charter challenge, stating it was an attempt to contest her conviction for animal cruelty.
Justice Richard Fowler ruled that Allen could address Charter issues during the animal cruelty trial but chose not to do so. Permitting her to challenge her conviction through civil proceedings would constitute an abuse of the court’s process. The case centered on Bentley, a therapy pony Allen had raised for 11 years before it was seized and euthanized. The animal had sustained an injury in July 2022 and was under the care of two veterinarians, with Allen failing to secure funds for surgery.
Following a report to the B.C. SPCA by one of the veterinarians, the pony was seized under the Prevention of Cruelty to Animals Act due to being in distress. Subsequent examinations revealed a poor prognosis, leading to euthanasia. Despite the dismissal of her Charter challenge, Allen has an ongoing civil lawsuit against the B.C. SPCA. She received a suspended sentence and a 10-year ban on owning animals, except for a service dog, and is appealing both the conviction and Charter challenge.