OLA 5 Year OSPCA Court Challenge Over – Almost


On Wednesday January 02, 2019, the 5-year Superior Court Application by the Ontario Landowners Association (OLA) challenging the Ontario Society for the Prevention of Cruelty to Animals, (OSPCA), with three Constitutional questions reached a major milestone.

The 30- page written decision by Superior Court Justice Minnema, disagreed with two of the three Constitutional questions brought before the court by the OLA. However, Justice Minnema agreed with our third question saying that the government erred in granting police powers to the OSPCA without imposing accountability and transparency standards on the agency. The Ford Government has been given a 1-year period to correct the issues with the OSPCA Act, unless the Attorney General decides to appeal the court decision.

Regardless, the OLA is extremely happy with the court decision which shows that the numerous complaints by people encountering OSPCA enforcement had a legitimate complaint.

Unfortunately, there was no organization that people could turn to for oversight and accountability. The changes to the OSPCA Act in 2009 by the McGuinty government compounded the problem of enforcement, accountability and transparency. Now that the courts have recognized this deficiency, the OLA looks forward to what changes the government will implement.

The OLA wishes to express a grateful and special thank-you, to the following people who put their time and energy into this endeavor to ensure we reached this very important milestone. Past OLA President, Tom Black, Editor of the Landowner Magazine, Marlene Black, Past President of the Carleton Landowners Association and current OLA Director of Administration, Shirley Dolan, Lawyer Kurtis Andrews representing the OLA, OLA Director of Research and President of All Rights Research Ltd., Elizabeth Marshall and Interim OLA President Jeff Bogaerts as the Applicant in this Constitutional Challenge.

Last but far from being least, the OLA wishes to extend a huge round of applause to every single person and organization that kept the faith in this 5-year long journey, who donated their energy, time, best wishes and donations in the thousands of dollars to be able to be here today. These court challenges are expensive, and we are asking for donations to keep the challenges moving forward. Please consider donating any amount you can to either the OLA directly at www.ontariolandowners.ca or to Fix The Law at www.fixthelaw.ca, thank-you.

In conclusion, the OLA extends an open offer to assist Premier Ford in the implementation of the appropriate changes to the OSPCA Act.