So let’s examine the P-42 so that it can be put to the test using the Charter of Quebec. We shall also examine the PRU and CCM cases, where a loophole in the P-42 allows MAPAQ to get a disposal order from the Court of Quebec.
55.9.10. The seized animal must be returned to the person from whom it was seized if no proceedings have been instituted within 90 days after the date of seizure. In addition, if it is decided before the expiry of that period that no proceedings will be instituted, the animal must be returned as soon as possible to the person from whom it was seized.
A justice of the peace may, however, order the period of seizure extended by not more than 90 days.
However, if the owner or custodian of the animal is unknown or cannot be found, the seized animal shall be confiscated by the seizor, but not before the expiry of seven days after the date of seizure. It shall then be disposed of by the seizor.
1993, c. 18, s. 6; 2000, c. 40, s. 32.
So if no legal proceedings are taken within 90 days of seizure, the seized animal(s) must be returned. If it is decided before the 90 days are up that no charges are to be laid, the animal(s) must be returned ASAP (to avoid additional boarding fees).
55.9.11. Upon the service of a statement of offence, the seizor shall, except where an agreement has been made with the owner or custodian of the animal, apply to a judge of the Court of Québec or of a municipal court for permission to dispose of the animal.
Prior notice of the application, of at least three clear days, shall be served on the person from whom the animal was seized, and he may contest the application.
The judge shall rule on the application taking into consideration the safety and welfare of the animal and, where applicable, the expenses caused by the continuation of seizure. He may order that the animal be returned to the person from whom it was seized, that it be kept under seizure until a final judgment, or that it be sold or slaughtered. If he orders that it be returned, the return may take place only upon payment of the expenses incurred for the animal’s keep. If he orders that it be sold, the product of the sale is remitted to the person from whom the animal was seized, after deduction of the expenses incurred for its keep. If he orders that the animal be kept under seizure until a final judgment is made, he shall order the person from whom the animal was seized to pay to the seizor, in addition to previous expenses incurred for the animal’s keep, an advance on future expenses for the animal’s keep in accordance with the terms and conditions fixed by him.
The judge may order that the animal be confiscated if the applicant fails to comply with the terms and conditions of payment of the advance, and he shall return the animal to the seizor for disposal.
1993, c. 18, s. 6.
Here in article 55.9.11, one can assume it’s existence is to avoid having to wait out the 90 days’ grace period leading to a future trial date (perhaps a year later), therefore releasing the animal(s) for “disposal”. If someone wants to defend the charges in Court, they are forced to pre-pay the boarding fees until the trial date.
55.21. The owner, custodian or possessor of what has been seized may apply to a judge to obtain the release of it.
The application shall be served on the seizor or, where proceedings are instituted, on the prosecutor.
The judge shall grant the application if he is of opinion that the applicant will suffer serious or irreparable prejudice if the seizure of the property is maintained, and that the release of the property will not hinder justice.
1986, c. 53, s. 17; 1991, c. 61, s. 30; 1992, c. 61, s. 488.
Court costs will inevitably be incurred to the owner if he decides to apply for a release of his animal(s), prior to a disposal order being sought by the seizor. Whatever happened to being innocent until proven guilty? Obviously with this P-42, it doesn’t matter. That’s how Anima-Quebec and MAPAQ fund themselves. Sophie exposed this loophole back in August of 2011 to Natalie Hebert of MAPAQ who refused to enforce it at the time. Sophie wanted MAPAQ to seize a pack of dogs in Lachute and while they studied the case, the dogs would be cared for.
Instead they used this loophole to legally plunder PRU and the CCM, yet they ignore O’Ranch and the two packs of dogs living outside (that we know of). One in St-Lin and another near Ste-Elisabeth. Since Sophie introduced the loophole to MAPAQ, let’s introduce the Quebec Charter against MAPAQ.
Presumption of innocence
6.(1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,
(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and
(b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.
So this bring me to question whether the P-42 is even legal. In both cases (PRU & CCM), neither Judge were interested in the trial proof versus the boarding fees. The CCM Judge didn’t allow various arguments because the Attorney General of Quebec wasn’t present, therefore constitutional arguments were not allowed. PRU settled out of Court in order to avoid paying the boarding fees and to simply start again, as it legally can. As a business move, that was the logical option since re-stocking was cheaper. The CCM doesn’t have a trial date yet, but his dogs are being sold. Boarding fees are punishment, a financial injury caused by MAPAQ, therefore a legal plunder.
Victims of Lawful Plunder
Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by law for the profit of those who make the law, all the plundered classes try somehow to enter — by peaceful or revolutionary means — into the making of laws. According to their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to stop lawful plunder, or they may wish to share in it.
Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws! Until that happens, the few practice lawful plunder upon the many, a common practice where the right to participate in the making of law is limited to a few persons. But then, participation in the making of law becomes universal. And then, men seek to balance their conflicting interests by universal plunder. Instead of rooting out the injustices found in society, they make these injustices general. As soon as the plundered classes gain political power, they establish a system of reprisals against other classes. They do not abolish legal plunder. (This objective would demand more enlightenment than they possess.) Instead, they emulate their evil predecessors by participating in this legal plunder, even though it is against their own interests.
It is as if it were necessary, before a reign of justice appears, for everyone to suffer a cruel retribution — some for their evilness, and some for their lack of understanding.
It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.
What are the consequences of such a perversion? It would require volumes to describe them all. Thus we must content ourselves with pointing out the most striking.
In the first place, it erases from everyone’s conscience the distinction between justice and injustice.
No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law. These two evils are of equal consequence, and it would be difficult for a person to choose between them.
The nature of law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just” because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.
But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.
Then abolish this law without delay, for it is not only an evil itself, but also it is a fertile source for further evils because it invites reprisals. If such a law — which may be an isolated case — is not abolished immediately, it will spread, multiply, and develop into a system.
The person who profits from this law will complain bitterly, defending his acquired rights. He will claim that the state is obligated to protect and encourage his particular industry; that this procedure enriches the state because the protected industry is thus able to spend more and to pay higher wages to the poor workingmen.
Do not listen to this sophistry by vested interests. The acceptance of these arguments will build legal plunder into a whole system. In fact, this has already occurred. The present-day delusion is an attempt to enrich everyone at the expense of everyone else; to make plunder universal under the pretense of organizing it.
So with the P-42 as it stands now, it is impossible for one to maintain that he/she is innocent without having to pay the fees prior to being proven guilty. This can therefore “damage” one’s reputation if he/she cannot afford to pay such boarding fees prior to trial. MAPAQ wrote it, they can do as they want. Sophie still ponders it’s legal validity, therefore she’ll be once again asking the Superior Courts for a declaratory answer. Politicians wrote laws, the Superior Courts can erase laws.
We can rip the P-42 to shreds, equality, the right of use, etc… Just about every article violates another law, be it the Quebec & Canadian Charters, Quebec’s Civil Code and even the Criminal Code. How can the P-42 not have any laws regarding shelter when the Criminal Code does? This means criminal charges can be laid on the system when they ignore the Criminal Code!
After weeks, even months of trying to get some dogs rescued via the “competent authorities”, it is now time that I, Sophie, take a few minutes to explain my position in the ChowChow Man and Paws R Us “sagas”, as well as clarify some of the questions people may have.
Those of you who know me well, know that my priority is and always will be the well-being of dogs, BUT you also know that I will fight for my (and everyone’s) constitutional rights if they are violated.
Some people have come to the conclusion that I seem to be on “the other side of the fence” now, which I am NOT, and never was. HOWEVER, Anima-Quebec, SPCALL and MAPAQ have been refusing to help a pack of close to 100 dogs in desperate need, however have decided to go after dogs who were not in desperate need, and in one case as revenge against my actions towards them, in the other, to make a big media thing and look good.
I will be posting the facts and the WHOLE story and you will all understand why I am now so upset with the so-called competent authorities.
Some of you are rejoicing at the new amendments Pierre Corbeil wants to bring…. Don’t fool yourselves, puppymills like Paws R Us will not be shut down based on this new law. The ones affected, will again be the little guys, like the rescues and pet owners. Not the breeders, once again.
Early August, as some may recall, I was involved in trying to help some 37 Huskies that were tied to trees in Lachute. These dogs belonged to Daniel Charbonneau and had lived their entire lives tied outside. SPCALL had a file since May 2011 as he owned (with his wife Johane Parent) close to 100 dogs who were mostly kept outdoors. By July 2011, Daniel was worried that the SPCA would take his dogs due to the many “chances” he had been given via “notices” and reports.
He asked for help to place the Huskies who were so skinny the average Husky there weighed 22 lbs, and he claimed he had not been able to feed them. I got involved by locating the dogs that a “so-called” rescue was going to take in. That turned out to be a fraud, and left with a dozen people in front of these dogs and no solution, everyone turned to me and said : we have to do something, this is pathetic, this guy should go to jail for the conditions these dogs are in”.
To make a long story shorter – only some of the dogs were “handed over” by Daniel, the others we took to save their lives since the SPCA had been “working” on this file for months, and obviously felt it was OK to leave the dogs there. We were arrested when Daniel changed his mind about us taking 15 more dogs the next day, Marc Levasseur (SPCALL/MAPAQ inspector) had made a deal with him to sell some of his dogs to his good friend, the dog catcher/dog breeder Alexandre Roy. I personally asked the SQ officer to get me Corinne Gonzalez on the phone on Sunday at 10:00 pm, since this Marc Levasseur was lying to my “ear” when the cops contacted him, and Corinne herself threatened to have me arrested if we did not “tie the dogs back to their trees”. She lied through her teeth telling me they were planning to “seize” the dogs the next day, yet she had had this file for months. I tried to convince her to let me take the dogs to safety, have them checked, vetted, documented and then brought to the SPCALL, but she said NO. I offered to bring them all down to Ste-Agathe right away, Sunday night, just open their doors, she said NO. I offered to keep them overnight, bring them to Ste-Agathe the next day, she said NO. I had to tie these dogs back to their trees, where they had NO SHELTER AT ALL, no food and no water. They were so emaciated it made everyone cry, but yet, Corinne made me put them back as they would not be able to “press charges” if we took the dogs. So we did (I refused to tie mine back, I just drove my car and let the “owners” grab them like garbage bags and bring them back to their chains in the woods. This was August 5, 2011
SPCALL showed up that next morning, and made a deal with Daniel Charbonneau, in order for him to surrender these 37 Huskies, and they would not charge him with anything….. He agreed, and at the same token, gave up 7 puppies he had at another location….. Squatting on Lachute City property, with the Mayor’s permission, Daniel Mayer, in tents, with another 50+ dogs and his family. Corinne Gonzalez claimed on the news that she had just been made aware of this new site, and those dogs would probably need to be “investigated” and seized………
I know for a fact these dogs were not in any better shape, if not worst, than the Huskies, however they are CKC registered dogs……Knowing some dogs were dying at the end of their 5′ chains, Daniel and Johanne having no home, no money, no way to care for these dogs either, I started pushing SPCALL to act on taking in these dogs as well. The only story I got over and over again, was “we have no laws that can allow us to seize these dogs”. So back and forth I went with MAPAQ, Anima-Quebec, SPCALL, telling them their P-42 gave them the power to seize the dogs for 90 days, and if they had no charges in the end due to a lack of laws, that they would return the dogs to Daniel and Johanne, but at least in the 90 days they would get food, water, shelter and some vet care… They kept arguing that NO. We have no laws, we cannot act, the fact they have no shelter is not illegal, the fact they have no food and water, we have to prove “intent” of the neglect, these people are going through rough times and we need to help them….
The media talks about the poor Huskies seized, in an E-Shelter (a barn) in St-Jerome, so I go see SPCA people and continue putting pressure on them to act. I am then sent on a wild goose chase, am told by Elizabeth Pierce that if I can get proof (visual confirmation) that there are still dogs without food, water nor shelter, that they will “have to act immediately”. So off we go with some volunteers from the E-Shelter to obtain the proof, these people are willing to sign an official complaint. Of course, Daniel Charbonneau is no fool and realizes it was a ruse to get our proof……and he starts “panicking” that I am trying to steal these wonderful, exotic, expensive dogs. His “investment”. I worry about the dogs, on the 16th of August, some volunteers (who were involved in the Husky saga) and I go through the woods in Lachute trying to locate the carcasses of the dogs who have already died (3 that we know of) and possibly dogs abandoned far in the woods, as they are “on the run” from me. Daniel makes death threats to these volunteers towards me, claims he will shoot me if I come on “his” property as he is protecting his goods, and he has “friends” in the SQ. So I make an official complaint, I am told that they cannot arrest him, cannot give him any conditions… they will give this to the prosecutor to see if they will press charges…..
I continue to press SPCALL, MAPAQ, I am unable to reach Corinne Gonzalez as she only works from home and obviously refuses to return calls left for her concerning this crucial situation with dogs that are starved, and eventually contact the Municipality to get them to act on municipal by-laws (more than 2 dogs, no tags, etc…) as some of you may know, Cities have all the power in the world to seize a dog without a tag, right out of your home). But this canine inspector, Alexandre Roy (oh wait – is he the one who was supposed to “buy” Daniel’s Huskies for his breeding?), tells me he has no power, his by-law doesn’t allow him to act, there is nothing he can do. Like Mme Hebert from MAPAQ, he told me not to tell him how to do his job. So we’re back to no help for these dogs…….
On August 26th, Lachute City Councillor, Mme Louis-Seize, tells me Daniel Charbonneau has been evicted from the City land and cement blocks have been installed so he cannot come back. I contact SPCALL and leave a message for Corinne Gonzalez, telling her they have won, he has “left the area” and is no longer their “problem” as I suspected they were allowing him to leave and disappear in order not to have to seize his dogs. Remember, I know that he had been given another couple of “notices” and reports were made to the SPCA about the conditions of his dogs (very thin, no shelter, etc…)
I then head to Lachute to confirm that he is “disappeared”, which I post online with pictures of the lot blocked off. I then spot his truck in town, assuming he’s still in the area, I wait around….. He sees me, and has me arrested ON THE SPOT for “criminal harassment” by what I now refer to as ” bad cop”, Sgt. Filion (who had met me several times during this saga). He threatens to detain me until Monday (3 days) if I do not sign the papers in front of me, which include restrictions to set foot in Lachute!!! A pedophile doesn’t have these restrictions. I do not want to stay all week-end, so I sign, but I ask what is happening with my complaint of the death threats he made 10 days prior. Nothing I’m told. Can’t arrest him for that. The prosecutor will decide if he should have conditions, restrictions or even be charged… Meanwhile, I better not set foot in Lachute or I will be arrested……
So I leave, not knowing where Daniel and his pack have moved to……….yet I know they are still outdoors, with no shelter, no food, no water, as he and his family are still living in tents with all their belongings………and the pack tied to trees wherever they can find room…… Oh I forgot that on the 16h, he had chased me at high speed (along with the volunteers in their cars behind me) on back roads, before he made the death threats later that day. Mirabel police told me they could do nothing, because there was no impact. It would be a ticket for reckless driving. I asked the officer later that day to take that into account along with the death threats…. which he said he would. Still on the 26th, no one had laid any charges nor arrested him….while I was being arrested for “criminal harassment” because he saw me in town….hmm. Friends at SPCALLMAPAQ (Marc Levasseur) the City (Daniel Mayer) and now the SQ (Sgt. Filion)……????
So for a quick ‘recap’ so far: Since May 2011, SPCALL has been closely monitoring Daniel Charbonneau and Johane Parent (CKC Breeder) and their 100 dogs.
In July, they end up homeless after not paying their rent for months, decide to leave 37 Huskies tied to trees in the woods nextdoor, pack their stuff and camp out on City dump property with the Mayor’s approval.
Beginning of August, Marc Levasseur (SPCALL/MAPAQ) is really pressuring him to find a solution, yet reports say “dogs are very thin, have no food, no water, tied to trees”, but upon giving this to Corine Gonzalez, his boss, they feel they cannot or will not act for whatever reason.
August 5th, a rescue mission goes bad, media gets involved, people are outraged, SPCALL has to do something. They show their face on the 7th, make a deal with Daniel, pretend to just hear about the other 50 dogs, pretend they will “investigate” and it just kind of goes away… Except for Sophie. She won’t go away, she wants them to act and seize the dogs for 90 days, give them shelter, food, water, vet care and if nothing can be done, return the dogs in 90 days, but at least they will have had that. Answer: They cannot do anything, do not have the power to seize, need a warrant (I ask them to get one by phone -cannot be done)…..
SPCALL sends me to Lachute to obtain “proof” in order to act about a week later. I come back with proof, I’m told “we’ll give this to Corinne Gonzalez”… Yeah right!
SPCALL had also told me they couldn’t seize the dogs even if they had the laws to back it up, since they had no room in Lachute to put 50 dogs…..
On the 16h, we go try to find evidence in order for SPCALL to act.. I get almost run into the ditch, I get threatened to be shot at, nothing happens….
On the 26th, I get arrested, Daniel Charbonneau leaves town, and oh wow!!!! Chow Chow Man’s dogs get seized by none other than Marc Levasseur….
I get a call a few days later from a guy who calls himself the Chow Chow Man, Johanne Parent told him his dogs were seized because I was the one who was out to get him…I had been pressuring the SPCA to seize his dogs “tied to trees”……
I what????? I had spoken to the Mirabel police about Chow Chow man on the 26th, while filing my report about his trying to run me off the road, and they had told me they knew of this guy in a bus with 40 some Chows, but they never did anything about it as his dogs were in great shape, he just broke municipal by-laws because of the number, and they didn’t want to incur the costs of seizing his dogs.
That’s when I decided I needed to get involved to find out what this was about. I myself had heard about this guy on a bus for about 5 years, and could not understand we had so little laws to prevent that, but I also always heard this man took extremely good care of his dogs, they always came first. I had NEVER heard one person over the years tell me his dogs should be taken. I did hear many times “how can we allow that in Quebec”? but never his dogs were neglected. He just bred and sold dogs from a bus instead of a farm or a house like other “breeders”.
This man’s pack was taken in revenge for me putting pressure to seize Daniel’s pathetic looking dogs, dogs who in my opinion were all going to end up dead, and instead they go take some beautiful Chows? Something was wrong there. And to make it worst, it happened on the 26th of August, they day I left a very detailed message to Corine about acting before Daniel left or I would press charges on them…….Revenge is a beautiful thing in their eyes I guess. But wait, since I got directly involved in helping find out what was up, I have proof of what I am saying. This was strictly revenge on me, and a better way to give Daniel a chance to run… By some even stranger coincidence, I did locate him later, in Val des Lacs, and guess what, he “squatted” in those woods as of August 26th. What a day that was!!!
So now we have 37 Huskies surrendered against no charges, 50 dogs out of sight, out of their hands (SPCALL), excuses, chances to act, threats from Daniel, SQ telling me not to “get involved”, I didn’t know who I was dealing with, MAPAQ telling me they could not act due to lack of laws, SPCALL sending me on a wild goose chase to get “proof” so they can act while in fact protecting Daniel and his wife Johanne. I was told by Elizabeth Pierce (from SPCALL) “oh Sophie, how could she have gone bad like that? Are you sure? I know her, she’s a great CKC breeder”….
What is one supposed to think at this point? That they are protecting Daniel and Johanne because her breeding business was once CKC registered? I did find out that she once was, however she falsified documents and was banned from the CKC, so she has now registered her “breeding” business to her oldest son, a teenager….. Anyone can be a CKC breeder, they don’t do any verifications. You pay your dues, have “certified” dogs, and you’re good to go. What you do from there, is up to you. No one will stop you from selling, breeding, and no one will come check the living conditions, because you”re CKC!!!!
So I got really involved. Investigated the Chow Chow Man, met him, met his two dogs (yeah they left him one, a 12 year old female, and he got one back that he had sold, a 7 month old female). Unless you know what the facts are, no one can judge this man. My investigation revealed that he always took excellent care of his dogs, they always came first, they had all the care they needed, when needed (in fact he had the medication for the ones they took – no one asked him for any proof – they just seized)…..I saw his contracts, I spoke to this man at length, he is not some weirdo who lives in a bus, he is a very intelligent, educated man whose life has brought him many setbacks, and he had found a “legal” way to take care of his “family”, his dogs, by selling the puppies they would produce. He never inbred, had 20 females and 10 males that were his family, and yes he sold their puppies to supply for his and his dogs’s needs.
Remember, in Quebec it IS LEGAL, regardless of how you do it, and this man, despite his living conditions which most of us would not want, he was a happy man, with a happy pack of dogs who admired him and had the best of lives in my opinion for pack animals. The first thing I told this man when I met him in the woods, is “hey man, you have it made here. You and your dogs are in Heaven”. What I saw was a natural water source (Spring water), tons of dog food, shelters of all kinds, an enclosed area where the dogs could run and be contained, and then acres and acres of wooded area. Honestly, the ones who know me well will believe me when I told him I want to live like him in 20 years, just me and my dogs, in the woods, on a heated school bus. What more can you get? Shelter, natural water, food was never an issue for him, many people provided him with not only food, but hollistic food. He knew garbage from quality and did not feed his dogs junk. He may not have eaten well, but his dogs sure were. We are talking about Chows who weighed in the 40lbs each. They were all of average size, it was summer, they may have been a bit thinner, they ran and exercised all day.
Do any of you who know me really think I would fight for a man whose dogs were even remotely neglected, abused, mistreated or unhappy? So now to talk about that fight:
Facts: Marc Levasseur, Corinne Gonzalez, SQ agents, a social worker (yeah they claimed a crazy man was up there) and some volunteers came on his property (way out in the woods), told the owner of the land they were seizing all his dogs but not to tell him, he didn’t know yet…..
They proceeded to do an inspection and seize all the dogs. They later told him there was no water source, the food was not stored in “appropriate containers” (he had just opened 2 new bags and fed the dogs), the dogs could break their ropes, run kilometers through the woods, end up on the street (a dirt road no less) and cause an accident…… So that was their reason for seizing.
He was told they would check out his dogs and return some, they left him one…..He never heard back, then I got involved and trying to locate where his dogs had even been placed became a mission. This was high secrecy, everyone I spoke to, including Neil of the Montreal E-Shelter, told me they had signed confidential agreements and could not say where the dogs were being hidden. No “valid” reason was ever given to me for the seizure, other than “they didn’t have the best quality of life, living on a bus” and there was no water on the bus that day during the inspection… It was a really hot day (and do I ever remember that day – the 26th!!)… So those were the reasons to take 39 dogs, keep then in hiding and let this man freak out because his “family” was taken away. He had puppies ready to be sold, that was going to be his money for the next few months……They took his family and his livelihood in one shot. Too bad, too late. Sophie wanted us to seize some dogs, yours are the lucky winners!!! We’ll show her.
And so they did…….Meet the man before you judge, don’t hurt someone in order to piss me off while you’re trying to protect someone else. Why is Marc Levasseur protecting Daniel Charbonneau and Johanne Parent? Why are they being given chance and chance again to clean up their act, yet the Chow Chow man doesn’t even get asked where the water source is? Where are the drops for his dogs ears and eyes?
And why are they hiding his dogs? Because they’re not in bad shape? They don’t want Sophie to get her eyes on them to compare with the 22lb Huskies that they claim they cannot charge the guy, therefore can’t seize? Then why can they seize 39 ChowChows in good health, and then claim in court stuff like “their nails were long, their coats were matted”…….
And the way the Chow Chow thing ended? The SPCALL/MAPAQ asked the courts to award them custody of the dogs to “dispose” of (meaning do whatever they want) since this man obviously did not have the $60,000 to pay the boarding fees they incurred for the last 90 days, while they decided if they were going to charge him with anything. Total charges: 4 minor infractions that he is fighting: no food, no water, no “salubrious” living conditions and the 4th I don’t even remember it’s so bogus. No neglect, no malnourishement,.,. I saw all the vet reports (remember I got involved – saw all their evidence)… NOTHING…..
And his day in court is yet to come, but meanwhile he has lost his dogs because P-42 is written in a way that allows them to do this. I call it financing their new facilities, paying their salaries, all on the backs of poor helpless people who may not necessarily make the best judgments in life, but protecting Daniel and Johanne because they breed Finnish Lappins, Tchekoslovakioan Wolfhounds, Eurasiers, Chinese Crested? That’s OK even though they are starved, tied to 5 food heavy chains, no shelter whatsoever (forget a heated bus), and they steal this man’s life?
The rest will probably come tomorrow, as we now fall into the whole illegal Paws R Us seizure, and believe me, I got involved in that as well and you will fall off your butts when you read what I have to say about that.
All of you who really know me should realize that I would in NO WAY be supporting either Chow Chow Man or Paws R Us’s “legal” battle if I thought for a minute these seizures had merit or had been legal.
Daniel gets notices, Chow Chow Man and Paws R Us (who pay taxes and have a legal business) don’t get a chance? They just steal and run off with the ” goods” to sell under the “adopt these poor dogs” banner????
Give me a break….
The details of the “court case” on December 1st, I will address later… But before the PRU seizure happened, I was determined (even more so with CCM”s dogs being taken away) to get help for Daniel & Johanne’s 50+ dogs (who seemed to drop from 50 to 35, then we heard 29, the numbers kept changing). I was determined to find them despite my prohibition to go to Lachute.
I tried to get these charges and conditions revised, with no luck as “the cop may have had reason to think that Daniel could be at risk” because of my “harassment”….. So I decided to file a complaint against the cop at the Deontologie Policiere, and to press criminal charges against the SPCALL for “failing to discharge of a legal duty” against Daniel’s dogs (article 180 of the Criminal Code)…..
After finding a jurisprudence in a wrongful arrest case, and after pushing Deontologie to get back to me for my proof I had to submit, I received a call from Sgt. Filion advising me that all charges had been dropped and I was free to return to Lachute. By then, I had heard through the media and other sources that the PRU dogs were sheltered in Lachute…. Down the road from where Chow Chow man was seized, and a few roads from where Daniel was squatting, in the town where they had “no room” for his 50 dogs and therefore could not rescue…….
While my complaint against SPCALL was being investigated by SQ, I managed to “relocate” Daniel. I decided to see if the pack was relocated with him, kind of hoping they had been rescued but kept hush-hush, and with Rick’s help we confirmed that the pack was in the woods, in Val des Lacs.
Unfortunately, Daniel saw my car very early in the morning, and decided to start hunting me down. I was waiting for 8:00 am to go to the SQ and see where the investigation against the SPCALL was going, but Daniel saw my car a couple of blocks away, and started once again chasing me at high speed. I decided to turn into a private property as I was going up a dead end, and he blocked me into the driveway so I pulled out my phone and called 911 (again)… They arrived, he claimed I was “harassing him”, yet it was clear who had followed who based on the location of both vehicles.
I proceeded to leave town and later on go to SQ in Ste-Agathe to speak to the investigator, at the same time I decided to press criminal charges against Daniel, not for the death threats and chasing, obviously that was getting nowhere, but for violation of the criminal code, article 446, for not providing shelter to his dogs.
They took the complaint, were blown away at my story of how this all started and obviously they had heard bout the Huskies in Lachute, but like everyone else, were convinced there were no more dogs…..Remember these Huskies were about 20 lbs and MAPAQ had claimed they were “thin but acceptable”. The investigator in fact told me the P-42 was nothing. Her own words, “c’est un torchon ca madame. Ca n’a aucun pouvoir, MAPAQ l’a cree, MAPAQ seulement peut l’appliquer” And from what I can see, they do when it suits them, like getting beautiful ChowChows by claiming the owner will never be able to pay the boarding fees of $60,000, but knowing Daniel would not be able to pay, they refuse to seize his dogs as they will be stuck with dogs who now need lots of medical care, and no one to pay the bill. Unfortunately I had more “power” to get evidence than they did, so I continued to work with them to provide them with pictures of the “shelters” that Marc Levasseur kept telling his boss, Corinne Gonzalez, were acceptable.
Unfortunately, that day he also pressed charges again for criminal harassment, which I was “investigated” for 3 hours at a later date, still waiting to hear if the prosecutor will proceed or not. They did tell me not to worry about the charges, as they totally see the big picture here, and told me I’ve pissed off some people in high places and that it was part of the game. I also found out that Corinne Gonzalez had put out an APB on me to be on the lookout. They did not tell me it was her, I am no fool. She feared for her 40 cats Rick mentioned she had in her home in Val David….. Hmmmmm….
Daniel is convinced I want to steal his dogs, that it looks good for rescues to have “exotic” dogs, that we are all out there to make a buck from his investment, but anyone who knows me knows if no one helps these dogs, I would take them, but I CANNOT afford to take these poor souls. They will cost me an arm and a leg to bring back to health, let alone sterilize and vaccinate all these dogs who have not seen a vet in ages. What I want is for “competent authorities” to do their job and save these dogs, not me.
The criminal charges were taken, he may be charged, but that still did not give SQ the right to seize the dogs, so I was really hoping the SPCALL would finally get involved. That did not happen, I pushed that municipality, and eventually Daniel left again after trying to intimidate me by getting someone to pass himself off as the owner of the property and threaten lawsuit……Yeah right, I shut him up pretty quickly and that dropped.
Yet another day, since SQ was not getting back to me on their search warrant, I decided to get proof to submit to them on the conditions and confirmation of the dogs in Val des Lacs, and upon one of those times I was up that way, Daniel pulled out of the woods, stood in front of my car, aimed a gun and started shooting. Thankfully, they were pellets, not bullets, but my biggest fear while trying to get out of there, was not to run him over and kill him…. Can you believe it?
So back I was at SQ to open a 4th complaint about the guy coming after me… Nothing. Still waiting on those 4 files to see what will happen, so far no charges have been laid, no arrest has been made, no conditions to stay away from me have been given……That’s what they call equality of the law in Quebec.
Right now, I’m waiting to hear back from the prosecutor in both cases, as both have been submitted, the SPCALL (article 180) and Daniel Charbonneau (article 446).
Tried to rescue Daniel’s dogs, Media got involved so SPCALL had no choice. Made a deal in exchange for the Huskies. Tried to push for the other dogs to get help, nothing. Called MAPAQ, told Mme Hebert how they wrote P42, they can apply P42, and P42 gives them power to seize dogs for 90 days, build their “case” and if nothing, return the dogs to the owner…. At least they would get shelter, food and water, and possibly vet care while in MAPAQ’s care. She told me they had no such power, that they would need a warrant, I told her they could get one on the phone, she claimed it didn’t work that way, I said he was not in a home, he was on public property, she claimed she still needed a warrant to search and seize. It took more than what I had on Daniel’s dogs situation to do a seize, unfortunately there was nothing MAPAQ could do. They tried to “blame” Anima-Quebec for the inaction, I told them they created Anima-Quebec, they WERE Anima-Quebec, not to play games with words…. She told me not to tell her how to do her job and hung up.
Same thing with Alexandre Roy, the canine inspector for Lachute. He told me he had no power, I told him to check the by-law if he wanted to get the contract next year, he told me not to tell him how to do his job, and hung up on me.
After the Chow Chow Man and PRU seizures, I called Anima-Quebec and spoke to Sylvie Carriere, who claimed she knew nothing of these two seizures, and could not help me. I wanted to know under what grounds they seized PRU dogs, CCM dogs, she claimed she knew nothing about it, to contact MAPAQ and that everything was confidential.
I then called HSI to see what they could tell me, who mandated them since I had tried to get them to help with the Daniel saga and the 50+ dogs SPCALL would not touch, and I was told that they had offered their help, but were helpless if not mandated, and that SPCALL had refused their help in that situation.
For the PRU dogs, they were mandated directly by MAPAQ/Anima-Quebec, and guess who actually took the decision to seize the 527 dogs? Sylvie Carriere, the girl who answered the phone and swore she knew nothing of the PRU seizure…… This I found out at the PRU court case where Anima-Quebec was asking for the dogs to be awarded to them since the bill was already at $550,000.
Then I find out (before I was free to return there) that the PRU dogs were in Lachute? Are you kidding me? You have no space for 50 dogs that are dying on trees, but you have room to put 527 dogs that were in fairly decent living conditions? Which I did not know at the time, I assumed that what we all saw on the news was fact…. Once I saw the evidence in court, the facilities and their installations, I cannot deny that it may have needed a good cleaning, painting, but there were no neglected dogs, there was water, there was food, and in this case, there was very adequate shelter and a business that was not going to skip town with their dogs…. What was wrong with this picture?
So after trying as hard as I could to save some helpless dogs from a man and his family who only see them as an investment, with no worries about the ones who died at the end of their chains, just “disposed” of them probably at the dump since he was squatting on their land….. I was determined to see what they had on Chow Chow Man and PRU that could merit a seizure if they didn’t have enough for Daniel’s pack…
Well surprise, the outcome basically comes to this. If you are not CKC registered, your dogs are nothing and you should not be allowed to breed. If we don’t like your “methods” of breeding/selling, despite the fact it is legal in Quebec, we pick on you and decide to seize the dogs since we can. P-42 that we wrote, gives us that power, then we charge you outrageous amounts just for boarding your dogs, and we ask the courts to give us custody due to the outrageous costs you will not be able to pay, regardless of how the “charges” will come out. But to be able to collect this money, you MUST have some infractions…..
Charges for PRU: 17 minor infractions (cobwebs, dust on the windowsill, rat excrement on the barn floor), 1 “thin” Afghan, 2 dogs with “undetermined” minor skin problems (I believe Bull Terriers – aren’t they known for that???) and that’s pretty much it. So if they wanted their dogs back, they had to pay $549,000 owed already, and since the trial could be sometime next year, they ask for the pre-payment of future boarding costs until a judge has ruled on these minor infractions and whether you deserve to have your dogs back…….
For PRU, that meant an additional $500,000 at least as their trial date is set for February 2012. However, once they have laid “charges”, they can then ask for this legal custody in front of a judge, and give you 3 days notice to prepare your defense, which is impossible as their is no defense to the P42 that says you must pay the boarding fees regardless of whether you are guilty or not. They jump the gun ahead of time, that way you give up the dogs in exchange for no bill……
Charges on CCM: 4 infractions (no food, no water, no “decent” living conditions, and honestly I forget the 4th one). All “tickets” and really things for which he should have at the least gotten a notice. And on those 4 charges, the no food no water charges, will definitely not be proven in court. But they used the fact the dogs were “matted” according to them, “long nails”, 5 minor eye infections due to antropions (which he was treating with drops), ear infections (which he was treating with Ottomax) but they didn’t ask anything. They came onto his property on the 26th, with 2 SQ officers, a social worker, 3 volunteers who jumped 3 on a dog to tie them up and take them to the truck, not letting him approach any of his dogs, not giving him any reason on the spot as to why they were seizing, the charges came about 1 month later.
Puppies were born in the SPCA’s care, and while I was trying to find these dogs for him, I called SPA Mauricie to ask if they had these dogs. Spoke to Serge Marquis, the director of SPA Mauricie, who swore that the dogs were not with him, that he had heard of the seizure, but he didn’t know anything.
Upon reviewing the “evidence” they submitted, it was obvious that the pregnant moms were in fact in his care, down in Trois Rivieres. The SPCALL claims 2 or 3 litters had stillborn puppies, yet CCM never had any dead pups? Could it be the stress, the horrible separation from not only their pack but their leader, the fact it took 3 people jumping on those dogs to “grab” them as they were freaked out and not happy with these strangers, could it be they delivered puppies in cages instead of their natural environment which is the forest? With their leader right there making sure all goes well? Could it be they actually caused these puppies to die? Can they blame the CCM for dogs who died at birth after being in their care for more than half the pregnancy? Is he the awful man who tortures and abuses his dogs? Do you know how horrible I have been feeling for that pack of dogs? They had love, friendship, exercise, a leader, their packmates, their “partners”, their routine, their regular rituals, brushing, walking, going to town in tow around him a few at a time, running through the woods, going to play in the creek, do you really think these guys are better off in some shelter cages, waiting for homes with kids who think they’re cute to adopt them and then dump them?
These are dogs who were socialized with him, with their pack, they listened to him at the click of his fingers, they admired and respected him, they followed him and stuck to him through thick and thin, just like he did for them. And the “competent authorities” who want to rule out animal “cruelty and abuse” actually think this is OK? Those of you who really know me, will understand why that is NOT ok.
As for PRU dogs, I went to see the facilities, and I expected to see what one knows to be a “puppymill” like we see on the news. This is not PRU. This is a large scale kennel who wanted to breed dogs as a living and be the best and largest dog kennel in Quebec. They were proud of their business, and as immoral as we all think it is (and I have told them that), it is legal and the way to stop puppymills is not by putting them on Welfare and stealing their merchandise in exchange for half a million bucks, but giving them strict rules and regulations to abide by and make sure they are complied with.
At the PRU trial, I found out that Sylvie Carriere, not only planned this search and seizure, but knew before September 16th, she would not be able to obtain a warrant from the local courthouse as there was no Judge in that day, yet she went to get this through the “back door”, by going to the SQ and asking that she get a “tele-mandat” a warrant issued by phone based on her “impression” and her swearing that the safety and welfare of the animals are at risk…. Excuse me? These are at risk and Daniel’s are not????? So it turns out Mme Hebert lied to me, they can in fact get a warrant over the phone if a Judge is not in that day……
So on a business decision, PRU decided not to pay for the return of their dogs, and Aima-Quebec basically told them to go buy other dogs… Which is what they are doing in order to stock up for the Holidays. We accomplished what?
Getting the news to make Anima-Quebec, through HSI, look good. We got people like you out there donating their time, efforts, money, gas, etc… to “help these poor dogs”… “we need $6,000 a day to help take care of them”. Meanwhile they go in foster homes, there are no “sick or injured” dogs, just a few minor things, the pictures you all saw – who knows where they come from….One dog had a problem with his leg. On 520 dogs, 7 or 8 may have some minor problems? That certainly goes under “cruelty” in MAPAQ’s book, but Daniel’s dogs that are down to bones, that is “acceptable”
Hence my frustration, my decision to help the ones who have been wronged, not because I approve of what they do, but because I have seen no evidence of neglect, abuse, or anything worst, yet I have seen with my own eyes, 40 dogs so emaciated tears were falling down my friend’s cheeks. I have seen so much, I have unfortunately been hardened, but what I saw was disgusting. People like Daniel should be jailed, people like the Chow Chow Man should be given notices and told what needs to be improved to their satisfaction, same goes with PRU. Give them the impossible to do in 24 hours, then threaten to take them to court, but don’t take their livelihood in one day, with no notice, and expect them just before Christmas to apply for Welfare because their “legal business” was taken away in 2 hours.
I call MAPAQ the new MAFIA… They take, they put bogus charges just to be able to pass Go and collect $200, and the longer it takes to “press charges”, the more they can collect. You don’t have the money, you lose. You have the money, you win for now but we’ll get you another time….
So now let’s look at the new proposed “law”…..
Anyone owning more than 5 pets will have to register them, anyone having more than 20 (like rescues) will have to get a permit. This will allow them to come into your home/business with no warrant, to inspect, and then seize. Even easier than now. However, Mira Foundation, Berger Blanc, other pounds, will just pay their permit fees, and keep right on doing as they do. They will again pick and choose who they want to target, regardless of whether you will have your permit, registration, or what not. The only difference is now everyone is at risk of having this “pet police” come into your house, like the City inspector did to me (which I obtained a ruling in Superior Court claiming it to be unconstitutional and invalid), but now everyone will have to fight it themselves in Superior Court. Like PRU and CCM, they were told by these judges who awarded custody of their dogs to Anima-Quebec, that if they feel the law is unfair, they have to take it to a higher court. This P-42 is written in this way, and they have to rule on the law in front of them…
To give just a few examples: Mira is no different than PRU in their facilities, ARN probably doesn’t fit the “sanitary conditions” Anima-Quebec is imposing on PRU, Berger Blanc and SPCA’s, etc… certainly doesn’t meet those standards. Remember, they pretty much have to be like sanitized hospitals. So, does the rescue you know risk getting all their rescue pets seized because of cobwebs or dust on the windowsill?
So is PRU really guilty of anything other than supplying “goods” in the form of dogs to the demands of the market? Should we not be educating the population instead of blaming the businesses who supply the ever-consuming population? We live in a disposable society, puppymills are only filling that need since we change dogs like we change shoes. Out with the old TV, in with the new Plasma TV. Out with the old Lab, in with the new Portuguese Water Dog.
So CKC breeders can breed, and breed, with an average of 40 dogs in their kennels (as per Lucie Paradis in the PRU case, who evaluated the value of their dogs based on the fact they were not “pure” regardless of how pure they looked, as they are not CKC registered). She herself breeds Corgis, is a Judge for the CKC and part of the Corgi Club of something or other. So she really knows what a breeder should have. She only has 8-10 dogs in her home at any given time. Conflict of interest??? She is also hired by Anima-Quebec…..
Of course, that is totally acceptable. Whether they live in sanitized cages piled in her basement, or whether “fake” ChowChows are living free in the forest, it is not comparable….
Do we provide sanitized shelter for the few we can rescue due to the extreme high costs of sanitizing everything, or do we kill the majority that cannot be saved because we don’t have the money to sanitize our facilities… Do we try our best or do we have to eat on the floor? What’s good for the goose, is good for the gander.
Everyone attacked Barnotti without checking facts, just because the media “said”, which led to Berger Blanc getting most of the contracts, and now we are attacking PRU without checking facts, just because the media “said”, which will lead to SPCA’s getting all these dogs to fund their bank accounts. Boarding fees, donations from the public (it seems HSI raised close to $800,000 of your donations for PRU dogs… and yet they are asking for a million to return the dogs)……the sale/adoption of the dogs. Good business to get into if you’re an SPCA or HSI who is awarded custody of dogs for whatever reason…….through MAPAQ. Next will be rescues being shut down, inspectors will come look under your bed and in your closet (like City inspectors did to me for 8 years until I fought back) and your rescues will be awarded to HSI, SPCA’s, Anima-Quebec or whoever they choose. What I’m seeing is HSI seems to be some marketing firm who is smelling a lot like SPCA at the time of Barnotti. Beautiful website asking for your money, their American division racks in millions a year to subsidize them, but they come to “help our dogs in need” by asking for your dollars.
Lots of questions, not many valid answers that I have seen so far, and I have driven hours to make sure I get the facts, not just what the media says.
Meanwhile, it is December and Daniels’ dogs are still in need of rescuing and nobody but me really cares. The Chinese Crested have given birth probably in his truck or in a tent…. Sad reality for hairless little dogs. But that’s acceptable.
Let’s bust the nice man on his bus with his family of dogs, and let’s shut down a very legitimate business, we’ll look really good on the news!!!
Let this family run as they are “recognized” CKC breeders. Once the dogs have all died of either starvation or cold, no one will have to worry about them anymore…..