Twenty One Days

Breaking News on http://www.novanewsnow.com/

Gail Benoit gets jail time for 2007 assault
Benoit, Bailey each fined $1500 for animal cruelty

by Jeanne Whitehead/Digby Courier

Today, seconds after Judge Jean-Louis Batiot sentenced Gail Benoit to 21 days jail time for her 2007 assault of SPCA special constable Nancy Noel, the female half of the Benoit Bailey puppy broker team began weeping and her knees buckled beneath her.

Her apparent medical crisis triggered a verbal outburst by her common law spouse, Dana Bailey.

“How could you do this to a woman who has had surgery on tumours in her neck?” Bailey yelled at the judge. “How could you do this? She has kids at home.”

Benoit and Bailey were also each fined $1,500 for animal cruelty and instructed to pay restitution of $2478 to the SPCA.

The April 16 sentencing was in response to being found guilty on assault and animal cruelty charges stemming from the 2007 seizure of 10 sick, malnourished puppies from their Roxville property.

The raid by SPCA officers (accompanied by RCMP officers) took place on two October days, a point that was duly noted by Judge Batiot.

The judge was prepared to disregard the fact that Benoit had two prior convictions in the mid 90s for assaulting peace officers. But the fact that she assaulted and obstructed Noel two days after the initial seizure of puppies—at a time when she had already consulted with her lawyer—meant her behavior must be denounced.

Crown attorney Rosalind Michie had also asked the judge to ban Benoit and Bailey from animal ownership, but the law indicates that such a ban can be imposed when the animals that have suffered cruelty or neglect are owned by the abuser.

The Valley Bull puppies that were seized in Octobe 2007 were owned Pat Harlow-Robar who expected Benoit and Bailey to sell the pups on her behalf.

Now THIS is why the laws need to be tightened up..... if the SPCA had been able to lay charges against the "legal owner' she might not have been quite so quick to play the patsy.

But it is a bright sign that at least the prosecutor did ask for a ban on animal ownership, even if the Benoits slid through a loophole on that

If twenty one days seems like too much to the Benoit's ..... I expect it looks like a drop in the bucket to all the victims of their greed.

What else does 21 days say? At the end of the day it recognizes that when the SPCA constables are engaged in investigations and seizures that they are acting in the name in the law.

The signs of a pending election are almost as plentiful as the potholes. When the candidate rosters come up, make sure that your candidates know that you are an animal lover and your vote will go to the party prepared to fix the leaky legislative boat for the animals instead of just bailing it out with teaspoons and cups.

The SPCA Steps up to the plate for the Harbourville Cats

The following email has been posted here with permission from its author:
To: Councillors of the Municipality of Kings County
From: The Nova Scotia SPCA
The Nova Scotia SPCA was disappointed to learn this week of a decision by Animal Control Services for the Municipality of the County of Kings to euthanize a feral cat colony in Harbourville, NS, part of District 4 represented by Warden Fred Whalen.
The Nova Scotia SPCA advocates the humane treatment of all cats including those that are stray and those that have become feral. The Nova Scotia SPCA supports public and private humane efforts in controlling feral cat colonies and their population. The Nova Scotia SPCA believes that successful management of the feral cat population can be done through Trap-Neuter-Return (TNR) population control programs. The objective of Trap-Neuter-Return is to gradually eliminate colonies by a process of “aging out." Feral cats are humanely trapped, tested for infectious disease, vaccinated, neutered and then returned to their colony. Returning the sterilized cat to its colony is crucial to reducing the colony size as new members will not join a feral cat colony with a stable number of neutered cats. Trap-Neuter-Return programs maintain the colony in a healthy and secure state leading up to the eventual attrition of members.
Euthanizing feral cats has been solidly proven as an ineffective means of controlling feral cat colonies; indeed, it can exasperate the problem by allowing more cats to move into the area once occupied by the colony.
The Nova Scotia SPCA strongly urges the Municipality of the County of Kings to reverse the decision of Animal Control Services to euthanize the cats at the Harbourville wharf, or at the very least, extend by several weeks or months the "deadline" given to local animal welfare volunteers to relocate the colony. The Society's recommendation to councillors is to implement a municipality-supported TNR program to provide an effective means of controlling the population and to support the humane treatment of animals in Kings county.
The Society encourages councillors and Animal Control Services staff to become educated about TNR to facilitate informed and evidence-based decision-making. We suggest the following resources:
The No-Kill Advocate: Special Issue on Feral Cats - http://www.nokilladvocacycenter.org/pdf/enews_017.pdf
Cat Rescue Maritimes: The Solution, Part 1 - http://www.ca-r-ma.org/s1.html
Best Friends Animal Society: Feral Cat Resources - http://www.bestfriends.org/nomorehomelesspets/resourcelibrary/feralindex.cfm
Alley Cat Allies - http://www.alleycat.org
Regards,Mary Hill***
Mary Hill
Nova Scotia SPCA
Secretary, Board of Directors
Chair, Education Committee
secretary@spcans.ca
www.spcans.ca

The Mother of All Happy Tails

I'll freely admit to being a bit of a stick in the mud. Most mornings, there is a pretty set routine that starts with a small stroll for the dogs and feeding the cats before I sit down with my first cup of coffee. And ....like half the rest of the world .... I usually peruse the morning papers and pop into a few sites of interest to me while I savour my coffee.
I was saddened to see on the Canadian Federation of Humane Societies site, http://cfhs.ca/ , that this years National Animal Welfare Conference has been cancelled ... for several reasons but primarily the economic climate.
I'll get back to that topic in a bit, but the thing that DID delight me was to see the logo at right, which on the site is connected to the Clicker Leash Co website, http://www.clickerleash.com/ . For anyone who isn't aware by now, these are local NS entrepreneurs who have used their dog training experience and expertise to develop this very humane and convenient tool for dog training.
These are tough economic times .... every commercial and ad that we see in any form of media is geared to the whole 'lets be frugal and spend our money wisely' end of the stick. Which of course makes it even harder for every charity to keep afloat. For far too many people, the animals slip down the priority list when then going gets tough.
One of my favourite sites to visit, Best Friends, has a really decent feature called Help to the Rescue , http://news.bestfriends.org/index.cfm?page=news&mode=entry&entry=5D621BA5-C4A3-B17E-00A2692569174D16 and I think its worth reading whether you are managing a group or you are volunteering and helping. Either way it offers some very sensible suggestions that make it well worth the read.
I noticed also that the Wet Nosed Wednesday page has a gorgeous gal named Myla, http://www.kool965fm.ca/index.asp?id=552&mn=14&cc=1. An eleven year old cat is just coming into his or her stride .... gosh when little nine pound Kitty Bear was eleven she could and would chase big dogs out of her yard ! ( The story of Kitty Bear ... who was my first stray and came here 14 years ago is an ongoing happy tail for another day : ))
I love the fact that the society is getting more of its adoptables out there. Wet Nosed Wednesday along with better petfinder listings and pictures have played a big part in the boosted adoption rate at Metro. But... like the figure skating finals... what we see is just the tip of the iceburg. The hard work by all the staff and volunteers that is the real underpinning to the more user friendly Metro Shelter.
That kind of willingness to change will be the real mother of more happy tails for the animals, in spite of the times.

Kings County wants to Kill the Harbourville Cats

I have a lovely framed photo of Harbourville in my home and would be among the first to agree that it is one of the prettiest spots in Nova Scotia. On their website, http://www.harbourville.ednet.ns.ca/contents.htm, they lay claim to being the 'crowning jewel among the working fishing villages on this side of the Bay and that their natural harbour provides sanctuary to a fleet of colorful boats.
Well they may be providing sanctuary to the boats, but I had an email today that the feral cat colony at Harbourville is to be trapped and Killed by Kings County Animal Control.
HART was up there last night for a site visit.... they had been informed that the colony would be trapped and killed today. They spoke with the ACO, Darlene Millett, who told them she has received repeated complaints from the owners of those 'colorful boats' that the cats have been defecating on them and that the fishermen want them gone.
Ms Millet did give HART one week to trap the cats and relocate them, but that is a very tight timeline to get the cats situated. If anyone is able to help out, even temporarily with any of the cats, please contact Laurie at HART
Anyone familiar with TNR could tell AC and the good people of Harbourville that removal of the cats will not solve the problem. In what is referred to as the 'vacuum effect", more feral cats will simply move in to take their place.
Trap Neuter Return has many advocates around the province.... and one of the Canadian pioneers in TNR work lives right here in Kings County Last fall, Jill Brideau gave a wonderful talk on TNR at a presentation that was put on at the Windermere Hall in Berwick.
SPCANS has taken an official position of support for TNR as the only humane solution to the feral cat problem. http://www.spcans.ca/who_we_are/statements.html#Feral
The newsletter that I received in the mail with my Kings County SPCA membership had a great article to let their supporters know that the SPCA supports TNR, as well as in their words "debunking' some of the myths about TNR.
What can you do to help? Ohhhh .... where to start?

• its going to cost money to get these cats tested and altered and HART will need any help anyone can give that way
• I know I already mentioned it, but if you have a safe spot they need that too
• and of course .last but very definitely not least, you can Click Here to send a message to all Councillors and if you want to talk to any of your own councillors, you can Go to Councillor Profiles to send a message to individual councillors

What time is it? Its time to recognise that catching and killing feral cats is no different than bailing the boat with a sieve.

Any successful strategy for managing stray and feral cat populations in NS has to start with educating our municipal representatives. They are the only ones who have the power to stop the killing. Otherwise the blood will keep pouring as fast and as hard as the rivers that are flooding right now with the melting snow.

It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds. - Samuel Adams

Mud can always be washed away

This was one of those rare mornings when the weather forecast actually did deliver as promised. We couldn't have been wetter or dirtier when we came home from our hike if we had stopped to roll in the garden on way back up the lane.
Why do we go out on a day like this? Its not just good for my heart .... believe it or not its actually very good for my arthritis too.
I'll be the first to admit it would be really easy to make excuses on this kind of day. The hills just seem steeper and its harder to get motivated until I walk off some of the stiffness.
Yes .. it would be easy to stay home and do nothing.... but it wouldn't be the path to success. Not unless I want to hop on the merry go round of meds that so many my age are engaged in, where each pill has side effects that will need yet another pill to manage. I far prefer having room in my medicine chest for my essential oils and first aid bits please and thank you.
And of course I have a commitment to the big dogs to provide them with the things that they need .... and the importance of exercise is one of the few things that all dog trainers will agree upon.
At first glance its always easier to do nothing ..... to follow the path of least resistance. For years the Cape Breton branch of the SPCA has never needed to change .... because the provincial board which oversees them has never taken them out of their comfort zone.
Every year, permission to continue using the gas chamber was granted upon request. Every year the board had failed to react to the horrific statistics with anything more meaningful than the gentlest of criticism. Every year the branch has been allowed to go its merry old way and pay little but lip service to the goals of the society.
Which is why the online minutes of the society BOD meetings make for such very interesting .. and promising ... reading. The latest minutes, March 30, 2009 , include the following update:
4. Cape Breton site visit follow-up
It was noted that the Cape Breton had been asked by Sean Kelly to participate in the meeting via conference call to present their action plan for removing the gas chamber; however, no representative from Cape Breton was present. Mary Hill and Kat Horne briefed the Board on the negative media coverage resulting from an interview with the Cape Breton branch manager through CBC online. The requirement for Cape Breton to provide an action plan was discussed and it was determined that in lieu of the verbal presentation planned for tonight, the branch is to be asked to submit a written brief to the provincial Board outlining the action plan or confirmation that use of the chamber has stopped and thedevice removed from SPCA premises. It was noted that Sean had planned to follow-up with Mel and that he would be directed to request the written notification.
[Discussion of an internal branch issue omitted from public minutes.]
Action: Sean Kelly to request written submission regarding status of gas chamber from Cape Breton branch.
So let me get this straight. First Cape Breton complained because they had neither help, interest or an actual visit from the provincial board. So.... several board members spent their Valentine's Day on a site visit at the branch, after which the online minutes stated that "Mel and Patsy both commented that this was the first time they felt that anyone actually cared about their situation and that anyone was willing to help them. "February 14, 2009 (Cape Breton)
Clearly they aren't accustomed to anything like this. The provincial board is still waiting for the "plan of action to remove the gas chamber would be submitted to the provincial board of directors as soon as possible "
This is a brave new world with the new board and clearly Mel and Patsy haven't quite grasped the meaning of phrases like 'as soon as possible" They're more accustomed to the comfy old approach where nobody cared ( ie interfered ) with their situation and nobody burdened them with an action list of items needing to be changed.
My Granny was from the Pier.... when she married Grampy they moved to North Sydney where they lived for the rest of his life... at 97 Pierce Street. There is no family left there now, but I am still proud of my Cape Breton roots. Who wouldn't be? Cape Breton is breathtakingly beautiful and has produced some of the most brilliant and artistic minds in this country. It has inspired some of the greatest discoveries, literature and music ever created in this country.
Cape Breton is not an uncivilized backwater .... it is brimming with kind and compassionate animal lovers who are willing to work hard on behalf of the animals.
Regular readers to this blog have already read about the old poster in my laundry room that reads " Do Something.... Lead, Follow or Get Out of the Way." Why do I keep referring to it? Because it is such a good life motto.
What time is it? Maybe if Mel and Patsy aren't willing or able to wash away the old mud and lead the way foward by following direction from the provincial board, its time for them to get out of the way for someone who will.

A step in the right direction

From this morning's Herald

Farmer who starved cattle gets 10 months’ house arrest

Judge calls case one of the worst he’s ever seen

By GORDON DELANEY Valley BureauTue. Apr 7 - 6:14 AM

In this 2006 photo, Annapolis County farmer Alan Elliott points to the location behind his barn where he says a military helicopter hovered and contaminated his farm.(Gordon Delaney / Valley Bureau)

ANNAPOLIS ROYAL — Annapolis County cattle farmer Alan Elliott was sentenced Monday to 10 months’ house arrest in what the judge called one of the worst cases of animal cruelty he has ever seen.
Judge Jean-Louis Batiot also slapped a seven-year prohibition against owning animals on Mr. Elliott, 69, who was convicted of two counts of cruelty to animals after more than 130 cattle were seized from his farm near Middleton.
Mr. Elliott was given house arrest for five months on each count, plus a total of three years probation, and ordered to undergo a psychological assessment and counselling.
In his sentencing at Annapolis Royal provincial court, Judge Batiot took into account the fact that Mr. Elliott has no criminal record and had a good pre-sentence report.
But he said the report noted that Mr. Elliott still does not take responsibility for his actions and continues to blame others.
"It seems Mr. Elliott simply did not care for those animals," the judge said, describing his actions as "wilful mismanagement of his cattle."
Crown attorney Dave Acker requested jail time. "He doesn’t have any remorse, and he’s still pointing his fingers at others," he told the court.
He added that Mr. Elliott abused his position of trust, which in this case happened to be to his cattle.
Mr. Elliott defended himself during the nine-day trial last year.
At the trial, two witnesses — a veterinarian and a Society for the Prevention of Cruelty investigator — were brought to tears on the witness stand as they described the condition of the emaciated and dying cows found on his property.
About 130 cows were seized by the SPCA from the Spa Springs farm in March 2006 after reports that Mr. Elliott, a cattle farmer for most of his life, was not feeding the animals, with the exception of a small group of prized heifers that he was caring for.
It was the largest animal seizure in the SPCA’s history in Nova Scotia. It took days to round up the cattle and cost the organization $29,000 to ship and care for them until they could be sold.
Several dead cows were also found on the 240-hectare farm.
Mr. Elliott was charged for not providing adequate, food, water, shelter and care.
He claimed throughout the entire process that he could not sell the cattle because his organic farm had been contaminated by pollutants from a search and rescue helicopter from nearby 14 Wing Greenwood that landed on his property.
Mr. Elliott said he lost his certificate for organic farming and had no income for five years before the SPCA seized the cows, but staff at the base said they did a thorough investigation and determined that a helicopter was never near or on his property.
Mr. Elliott declined to comment when Judge Batiot asked him if he had anything to say before the sentencing.
An SCPA investigator, who was new to the case, also declined comment outside the court.
( gdelaney@herald.ca)
After seeing five dollar fines for killing kittens and animal abusers who were allowed to keep their personal pets, even a seven year ban on owning animals is a step in the right direction.

Just in case you're having a blue monday

From the ALF Humour page
Dear God: Let me give you a list of just some of the things I must remember to be a 'good dog'...
1. I will not eat the cats' food before they eat it or after they throw it up.
2. I will not roll on dead seagulls, fish, crabs, etc., just because I like the way they smell.
3. The Litter Box is not a cookie jar
4. The sofa is not a 'face towel'.
5. The garbage collector is not stealing our stuff.
6. I will not play tug-of-war with Dad's underwear when he's on the toilet.
7. Sticking my nose into someone's crotch is an unacceptable way of saying "hello"
8. I don't need to suddenly stand straight up when I'm under the coffee table.
9. I must shake the rainwater out of my fur before entering the house - not after.
10. I will not come in from outside and immediately drag my butt.
11. I will not sit in the middle of the living room and lick my crotch.
12. The cat is NOT a 'squeaky toy, so when I play with him and he makes that noise, it's usually NOT a good thing.
P.S. When I get to Heaven may I have my testicles back? Please?