Province seizes, holds woman’s twelve cats, three dogs

No appeal mechanism exists once government makes decision

Maureen McCurry agrees her animals needed to be seized, but doesn’t understand why they haven’t been returned. Crystal Staryk

A pet owner and dedicated animal shelter volunteer recently had her 12 cats and three dogs seized from her home by the Manitoba government and held, against her wishes, by the Winnipeg Humane Society (WHS).

Maureen McCurry, a volunteer at Quagga Stray Cat Rescue – a no-kill animal shelter in Winnipeg – was fostering 12 cats for the shelter when she received a notice of seizure on July 30.

The animals were seized due to stipulations within the province’s Animal Care Act that require sanitary conditions for animal care.

“These animals were like family to me and this has just torn my life apart,” she said.

The of roof of her home had collapsed due to maintenance issues with her landlord. She has since relocated and hired cleaning staff in an attempt to have her animals returned, she said.

McCurry was given seven days to object and filed her objection on Aug. 6. Between the time of seizure and the final order by the province, animals are held at the WHS.

On Sept. 10, the province ordered the animals not be returned to McCurry. They are now the property of the WHS.

“I don’t think they violated the [Animal Care] Act by seizing the animals,” said Daniel Watts, a Winnipeg lawyer who acted as McCurry’s legal counsel. “But they didn’t work with her like they said they would and they didn’t give her a proper voice to object.”

The Winnipeg Humane Society was unavailable for comment before press time.

McCurry agrees that the conditions were not adequate for proper care, particularly for the 12 cats.

“I agree they had to seize the animals,” she said. “But they don’t have to do what they’re doing.”

McCurry has submitted four notices of objection based in part on the testimony of her veterinarian at Tuxedo Animal Hospital.

The testimony included documents suggesting adequate care was given and recommended the cats be transferred to Quagga and the three dogs be returned to their owner, said McCurry.

The WHS has refused to transfer the animals. The Animal Care Act has no provisions enabling an appeal to the province’s decision.

“The big issue is that there should be some way of conducting a meaningful hearing between a pet-owner and the decision makers of the province,” said Watts.

Chris Vogal is a retired resource planner for the province and has been active in defending McCurry. He was also permitted to adopt Zachary, a 17-year-old cat that was seized from McCurry’s home.

“The province doesn’t have an adequate system of review,” he said. “The act has no provisions for appeal ... You’re not dealing with everyday possessions here but the emotional attachment people have toward their pets.”

Published in Volume 64, Number 7 of The Uniter (October 15, 2009)

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