James Cunningham

The applicants sought judicial review of two decisions by the Animal Care Review Board regarding their sled dog business.

The Board had confirmed orders requiring the applicants to improve living conditions for their dogs, including lengthening tethers and remediating doghouses.

When the applicants failed to comply, animal welfare inspectors removed approximately 230 dogs.

The Board subsequently ordered that most of the dogs not be returned until the applicants complied with the orders.

The Divisional Court dismissed the applications for judicial review, finding the Board's interpretation of the tethering requirements reasonable and concluding that the removal and retention of the dogs were justified due to the applicants' ongoing non-compliance with the minimum standards of care.

The appellants appealed compliance orders issued by Animal Welfare Services regarding the care of approximately 240 sled dogs and 14 horses at their commercial dog sledding and horse-riding facilities.

The Board confirmed the orders relating to the dogs' tether lengths and shelter insulation, finding they did not meet the minimum standards under the Regulation, but varied the order regarding dog house dimensions.

The Board revoked the orders relating to the horses, finding they had adequate natural shelter and no statutory requirement for bedding existed.

The appellants' argument that the inspection warrants violated section 8 of the Charter was dismissed, as the inspectors did not search any dwellings and were authorized to inspect the commercial operation.