Livestock owner fined $10,000 for neglect

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Published: December 5, 2002

An Alberta man has been fined $10,000 and prevented from owning or

caring for animals for 10 years after pleading guilty Nov. 28 to

neglecting his animals.

Barry Graham of Drumheller, Alta., was given the largest fine in

Alberta history for neglecting livestock. It was also the longest time

any livestock producer has been prohibited from owning or caring for

animals. Owners of companion animals, like cats and dogs, have been

given lifetime prohibitions, but not livestock owners.

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Morris Airey, director of enforcement for the Alberta Society for the

Prevention of Cruelty to Animals, said the conviction sends a strong

message that people must provide for the needs of their animals.

“I see it as a benchmark to reflect society’s views on care of

livestock.”

For Alberta SPCA special constable Chris Whitfield of Red Deer, the

work began almost two years ago on Jan. 2, 2001 when he was called to

the Drumheller farm. He seized 138 horses, 119 cows and three dogs from

the farm after observing a lack of feed and poor management.

The day Whitfield arrived was bitterly cold with snow and there was no

supplemental feed for the animals. Charges were laid under the Animal

Protection Act and the Criminal Code for neglecting to care for the

animals.

Shortly afterward, Graham paid for all the expenses of caring for the

animals while they were off his farm, and they were returned to him.

On March 28, 2002, 48 cattle were seized, but they were returned April

16 after Graham again paid for the expenses of caring for the animals.

Over the two year period while the case made its way to court, 21

horses and nine cattle were found dead at the farm.

“That’s what’s frustrating, is it took so long,” said Whitfield.

Under the Alberta legislation that guides the Alberta SPCA, if a

livestock owner pays for the expenses of looking after his animals

while they are seized, the animals must be returned.

“Our act limited us a bit,” said Whitfield.

Susan Church, Alberta Farm Animal Care Association manager, said the

message should be clear that the public and the rural community do not

tolerate this kind of animal neglect.

“The size of the fine is a very strong message.”

Church said the biggest complaint her group gets is that fines are too

small to act as a deterrent to animal neglect.

In another SPCA matter in recent weeks, the association removed 47

horses from a central Alberta farm, alleging the animals weren’t being

given adequate feed.

Janet Litvak and Edward Pyesmany of Winfield have been charged under

the Animal Protection Act for failing to provide adequate feed, said an

SPCA News release

news.

The animals were removed after the two refused to reduce the herd or

provide adequate feed during a monitoring process when the horses’

condition continued to deteriorate, said the release.

“The livestock industry expects all owners of livestock to responsibly

care for their animals,” said Church.

“Neglect and abuse are not tolerated.”

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