Judge allows lawsuit after dogs seized
Ndilo man wants $35,000 for 11 animals taken from his home last year
John McFadden
Northern News Services
Friday, April 7, 2017
SOMBA K'E/YELLOWKNIFE
A lawsuit against the NWT Society for the Prevention of Cruelty to Animals is heading to small claims court after a judge refused to dismiss the case Monday.
Mark Lafferty is suing the SPCA for $35,000 after the agency seized 11 dogs from his property outside his Ndilo home last May.
In his statement of claim, Lafferty states a female racing dog and her nine puppies, along with another female dog with a hurt leg were taken from his property by SPCA and RCMP on May 17, 2016.
Ed Gullberg, lawyer for the SPCA, tried to have the lawsuit dismissed, pointing out that the SPCA is protected by law from being sued unless it is proven the group did not act in good faith.
He said protection is found in the NWT Dog Act and that Lafferty did not address the good faith issue in his statement of claim.
Gullberg said the seizure of the dogs was a joint operation between the SPCA and the RCMP.
"The SPCA had received a number of complaints about the dogs. In response to that they then requested the RCMP's assistance. The SPCA does not on their own seize dogs. They rely upon the RCMP to do that," Gullberg said.
"The RCMP went there with a SPCA representative and confirmed the dogs were in distress and apprehended them. Mr. Lafferty wasn't there. He complains he wasn't advised that the dogs were being taken but they don't have to advise him.
"They advised him after the fact. They didn't advise him at the time because there was no one there at the time to advise."
Gullberg said all 11 dogs were seen by a veterinarian and have since been adopted out. Territorial court judge Robert Gorin, however, denied his application, stating the rules restricting the SPCA from being sued in NWT Supreme Court do not apply to small claims court. He added Lafferty should and will get his day in court.
Thirty-five thousand dollars is the highest amount a person can claim when suing in NWT small claims court.
Lafferty, meanwhile, claims the dogs were not mistreated and said he
was shocked to return home and find all his dogs gone.
"We were making new doghouses for them at the time. I was out cutting wood and I got back to the house and my brother told me that the SPCA came and untied all the dogs and took all the chains and collars and put all the dogs in their van," Lafferty said.
"I live on Treaty 8 land. I've never had anybody just come onto my yard like that. It's against the law."
Lafferty said neither the SPCA nor the RCMP have ever given him a satisfactory explanation as to why they took the dogs or where the dogs were taken.
"I was feeding them twice a day - conies - I would boil fish for them all the time. At night I would mix chicken or dog food or rolled oats for them. I raised dogs all my life," Lafferty said. "I was going to raise these dogs and race them with my daughter."
Lafferty said the dogs were tied up in various locations on his property, including to his truck. He filed his statement of claim on July 8 of last year, according to court documents.
Nicole Spender, president of the NWT SPCA, said her agency does not have authority to seize animals on its own.
"We went to check the dogs out first with the RCMP. There were several visits to check to see the dogs," said Spencer.
"The RCMP said they would come up with a plan to go to the property and asked if we would go with them. The dogs were distressed enough that we felt we needed to take them. They were very thin." Spencer said the SPCA had two trucks with crates to put the dogs in and take them away. She said the RCMP told her a few days later that Lafferty had been contacted by them and told what had happened and why.
Yellowknifer asked the RCMP what its role was in the dog seizure.
"In the NWT, the RCMP are appointed as officers under the NWT Dog Act. Members of the Yellowknife Detachment attended the residence along with the SPCA to check on the condition of the dogs," stated Sgt. Donnie Duplissea in an e-mail.
"Several dogs were examined at the scene and taken for veterinary care by the SPCA We did attend to ensure public safety and keep the peace. Criminal code charges were not pursued."
A date for the lawsuit to commence has yet to be set.
