Serial animal abusers sentenced
Ontario SPCA
Wednesday, October 26, 2005
Newmarket, ON — Serial animal cruelty offenders, Ralph and Rose Misener, were sentenced in the Ontario Court of Justice in Newmarket yesterday on four Criminal Code of Canada charges of failing to provide suitable and adequate care and causing unnecessary suffering to dogs. The charges followed the rescue of 42 dogs from their custody on April 7, 2003. The dogs were found while the Miseners were standing trial on other animal cruelty charges related to the discovery of a large-scale puppy mill with 231 dogs on their property in August 2001.
Ralph Misener was sentenced to six months in jail, and his wife, Rose Misener, was sentenced to a six-month conditional jail term on each count for a total of 12 months – essentially house arrest. Both Miseners received three years probation and a two-year prohibition order during which they cannot have custody or control of any animals, directly or indirectly, nor reside at an address where there are animals. The Ontario SPCA has residence and property inspection rights. No fine or restitution was levied. All probation and prohibition order sentences are to be run concurrently from any existing sentences the couple is serving.
In passing sentencing Justice Simon Armstrong stated that while the Criminal Code provides a maximum two-year prohibition from having custody or control of animals, “If I had the jurisdiction I would have no hesitancy to instate a longer prohibition.” Justice Armstrong also stated that if he were able to impose a longer ban on owning an animal he “would have no hesitation to ban for life in this case.”
Bill C-50, the latest in a long line of legislative bills that would amend Canada’s woefully outdated animal cruelty provisions in the Criminal Code and permit a lifetime ban, is on the agenda for the current session of Parliament. This is a crucial time for members of the public to let their Member of Parliament (MP) know they demand an effective change in the animal cruelty provisions, and that Bill C-50 is the bill of choice; not Bill S-24, a watered down alternative introduced to the Senate by Senator John Bryden that fails to effectively address the real weaknesses in the current legislation.
Bill C-50 would remove the onus to prove that neglect against an animal was “wilful,” before charges can be laid. Bill S-24 maintains the antiquated language of 1892 – when the Criminal Code was first written – and maintains that neglect must be proven to be “wilful” before charges can be laid. As a result, it is not enough to prove that someone starved an animal to death, for example, but that it was done on purpose. In addition, Bill C-50 would also increase penalties and remove animal cruelty crimes from the “property” section of the Criminal Code and place them in their own section. Conversely, Bill S-24 keeps animals in the “property” section, sending a negative message to potential offenders about the value of animals to society and the Courts. These changes would in no way affect traditional animal-use industries (e.g. fur farms) or the rights of anglers and hunters.
“We are pleased that the maximum prohibitions possible under the existing Criminal Code have been applied and that the Courts recognized the Miseners’ 41-year record of seizures, convictions and penalties (involving over 700 animals),” says Mike Draper, Ontario SPCA Chief Inspector. “However, the current law allows offenders to continue to neglect animals and to repeat this cruelty. We desperately need the public’s support for the quick passage of Bill C-50 to put the Miseners – and offenders like them – out of business permanently.”
The public is urged to voice their support for the quick passage of Bill C-50, which would amend and strengthen the Criminal Code animal cruelty provisions. Without quick passage a seven-year effort to pass such legislation will be doomed.
Your Member of Parliament: Find the contact information for your MP at http://canada.gc.ca/directories/direct_e.html or call 1-800-622-6232, and The Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada, 284 Wellington Street, Ottawa, Ontario, K1A 0H8.
To report suspected animal abuse call the Ontario SPCA at 1-888-ONT-SPCA (668-7722) ext. 1, Crime Stoppers at 1-800-222-TIPS (8477), your local Ontario SPCA Branch, affiliated humane society or police.
For media enquiries, please call: Mike Draper, Ontario SPCA Chief Inspector 1-888-ONT-SPCA (668-7722) extension 317, mdraper@ospca.on.ca.
A word about the Ontario Society for the Prevention of Cruelty to Animals (Ontario SPCA): Protecting animals since 1873, the Ontario SPCA is a registered charity comprised of 27 branches and 31affiliated humane societies and SPCAs. Under the OSPCA Act, Ontario SPCA investigators have the same powers as police officers when enforcing animal cruelty laws. The Society’s concern is ensuring the welfare of all animals – large and small, wild and domesticated – through cruelty investigations, animal care and rehabilitation, government and industry advocacy, and public education.
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