Privacy Invasion

Jessica Johnson is seen with a photograph of her dog Vicki. Vicki had the tartar issues. 70-year-old woman named Jessica Johnson from the Brockville area who was charged by the OSPCA with failing to care for her dog. A neighbour reported her and the OSPCA, with the OPP standing by, got a warrant and raided her house and seized the dog. According to the caller (who was from MPP Jack MacLaren´s office), the dog was found to have tartar on its teeth. Johnson is in poor health and has trouble caring for herself, let alone the dog. (The SPCA officers reportedly said that the house smelled of urine and Johnson had to admit it was her, not the dog). Anyway, Johnson has appealed to the review board. The OSPCA will be represented by Clayton Ruby. Johnson´s lawyer is Curtis Andrew (613-228-9676). Photo by Jean Levac/OTTAWA CITIZEN

Photograph by: Jean Levac , Ottawa Citizen/Postmedia News

Really, has the Ontario Society for the Prevention of Animals nothing much better to do?  A elderly pensioner was forced to appear before the Animal Care Review Board in Ottawa.  Her argument, and it sounds like a really good one, is that the OSPCA violated her Charter Rights by their mysterious agenda that appears to have made her a target.

The OSPCA has responded by hiring Toronto's high-priced, high-powered lawyer Clayton Ruby to represent it at the board hearing.  Jessica Johnson lives on a pension.  She gets around with a walker, because she is in need of a hip replacement.  She has a hobby, and that is breeding dogs at her home, her retirement project.

"They're my children.  The dogs provide me with love and company."

So wasn't she taken aback when her privacy was invaded on May 18.  An OSPCA agent presumed to enter her home uninvited.  And by a most unorthodox manner; through a bedroom window.  He presented Ms. Johnson with a search warrant, then proceeded to open her front door to admit five other OSPCA agents and provincial police officers.

"I said, 'What the hell are you doing in my house?'  The agents roamed about her house taking photographs and making note of the physical condition of her five adult dogs and nine puppies.  An order was issued for her to take the adult dogs to a veterinarian for "gum and dental issues".

The veterinarian who examined six of the dogs, including 9-year-old Vicki concluded she was the only dog with gingivitis, tartar and gum recession.

Most veterinarians, if asked, would likely say that most small dog breeds in their adult years have teeth problems.  Teeth become loose, gums become infected, and sometimes health deteriorates.  Most veterinarians would recommend dental work on these little dogs.  And dental work on canines is more expensive than similar work for humans.

The veterinarian cautioned that if not treated the little dog's gum infection would become worse, decay, and there would be a resulting tooth loss.  Dogs, elderly dogs, lose teeth frequently enough.  The cost for immediate treatment was estimated between $500 and $1,000.

Since Ms. Johnson lives on a small fixed income, she hasn't been able to get dental work for herself, let alone her little dog.

The OSPCA charged her with failing to comply with an OSPCA order.  "Is it reasonable to force a woman of limited means who herself can't afford to go to the dentist to take her dogs to the vet for dental work? asked her lawyer.

As far as he could see the OSPCA agents had no reason to believe her dogs were in distress when they barged into her home. "A review board should not be seen to sanction this sort of treatment of citizens of Ontario."

There is some additional background.  Ms. Johnson has been a target for the OSPCA in the past.  She has been breeding dogs since 1996, and in 2011 agents took her dogs into custody for four days, presenting her with a bill of $2,449 when the dogs were returned.  Which she was unable to pay.

"I didn't make that much money in a month."

The MPP for Carleton-Mississippi Mills who introduced a private members` bill earlier this year to strip policing powers from the agency, saw it defeated in March.  Ms. Johnson has his support.

MPP Jack MacLaren argues that OSPCA enforcement officers are in a conflict of interest situation.  The fines they levy represent the charity`s major fundraising method.