B.C. rescue ordered to pay SPCA $75,000, can't get seized animals returned

A dog is seen in the B.C. SPCA's care after being seized from an animal rescue in the Fraser Valley in January 2023.

An animal rescue in B.C.'s Fraser Valley has been ordered to pay more than $75,000 to the SPCA after losing an appeal for the return of 63 seized dogs.

SPCA officers seized the dozens of dogs on Jan. 4, alleging the animals were suffering due to the conditions at Dogway Dog Rescue, a Mission-based shelter run by Cherry LaTour.

LaTour fought to have the dogs returned through the Farm Industry Review Board – an independent tribunal that hears a variety of complaints and appeals, some involving animal seizures – but the tribunal ultimately sided with the SPCA.

Dogway Dog Rescue has a history of complaints related to allegations of neglect or abuse dating back to December 2012, according to the board's March 14 decision, and prior to the seizure had been given multiple notices asking to improve the dogs' living conditions.

On the day of the seizure, one SPCA officer reported she could smell "dog feces from 20 steps away," and that there were dogs with "dramatically overgrown toenails and rotten teeth."

"She noted seeing rat feces in the house. She observed fearful and evasive dogs with weepy eyes struggling in a loud and chaotic environment," the decision reads. "She noted a high ammonia level in the house, and that the smell of ammonia coming off the dogs was prominent."

LaTour, 74, testified she has adopted out more than 4,000 dogs since opening her rescue in 2011, but said there was an influx of animals being surrendered during the COVID-19 pandemic, including some that were abandoned at her driveway.

She maintained that every dog taken in by Dogway Dog Rescue is seen by a veterinarian.

She also told the board she cleans the floors at the rescue twice per day, and has plans to build a proper kennel. In the meantime, LaTour said she had a ventilation system and ammonia detectors installed since the seizure, and hired someone to attend the rescue weekly to deal with rodents.

The board noted that LaTour challenged some of the SPCA's evidence, and accused the animal welfare organization of "trying to build a case against her," but the panel overseeing the appeal was not convinced.

"It is clear from the evidence, and in particular the evidence of the expert witnesses, that both medically and behaviourally, all of the animals suffered to varying degrees," the decision reads.

"(LaTour) was clearly given many opportunities to improve her operation. The panel accepts the evidence that she did make efforts to improve for a time, each time after notices were issued to her. However, the evidence also shows that she then invariably returned to her familiar pattern of providing inadequate care."

Two veterinarians and an expert on animal behaviour all testified in support of the SPCA.

A report from Dr. Ledger noted that "the shelter's staff were passionate about the welfare of the dogs, but that their understanding about how to meet dogs' emotional, physical and welfare needs was inadequate."

LaTour told the board she took no issue with Ledger's report, and was working to provide more training for her staff.

After rejecting the appeal from Dogway Dog Rescue, the board agreed to award the SCPA costs totalling $75,392, including $58,139 for housing and feeding the 63 seized dogs plus $14,787 for their veterinary care. The remaining $2,465 was for the time SPCA employees spent during the seizure.