Ontario Legislature should support OSPCA resolution

OFAH FILE: 842
November 2, 2010

Ontario Legislature should support OSPCA resolution
Lack of accountability, dual role and self-investigation must be addressed

On November 18, 2010, the Ontario Legislature will debate and vote on a resolution by Newmarket-Aurora MPP Frank Klees, which urges the government to amend the OSPCA Act and reverse changes to that Act under Bill 50, which gave the OSPCA virtually unfettered powers of search, seizure and self-investigation.

“The OSPCA Act is a public statute, which a private agency has been given carte blanche to enforce. During the Committee hearings on Bill 50, the Ontario Federation of Anglers and Hunters (O.F.A.H.) and several major agricultural organizations recommended against the virtually limitless powers being handed to the OSPCA, with no oversight by the government,” said Greg Farrant, O.F.A.H. Manager of Government Affairs & Policy. “Unfortunately, the Committee ignored the recommendation. Further compounding the problem is the fact that the OSPCA raises funds as a recognized charity, while at the same time exercising unprecedented powers as an enforcement agency that is engaged in warrantless searches, seizures and the laying of charges. At a bare minimum, the government should have ensured that the two functions were separated out, and that a stringent series of controls over the powers accorded to the OSPCA were put in place.”

At various times since the passage of Bill 50, both the Minister of Community Safety and the Acting Premier have been asked why this oversight is lacking. Each has repeatedly suggested that because the OSPCA is an