Animal Welfare Bien-être des animaux Veterinary reporting of animal welfare concerns Colleen Marion
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ith the advent of increasing public awareness regarding animal welfare issues as demonstrated by such television programs as “Animal Cops,” W5 exposés, and “Hoarding: Buried Alive,” public expectation has increased for veterinarians and law enforcement agencies to pursue validation and corrective action when animal abuse is suspected. Animal abuse can include both deliberate mistreatment and unintentional neglect which lead to impairment of an animal’s health and well-being. Inspection, investigation, and prosecution of animal abuse can be pursued under various municipal, provincial, or federal laws. The provisions within municipal and provincial animal welfare laws vary among provinces, whereas federal laws can be consistently enforced across Canada; each of these laws designates officers with legal authority to enforce them. Examples of federal law include the Health of Animals Act and Regulations, which play a significant role enforcing humane animal transport, and the animal cruelty section of the Criminal Code. Codes of Practice created by the National Farm Animal Care Council and the Canadian Veterinary Medical Association are recognized nationally by industry to set minimum standards of acceptable animal care in Canada, and may be enforceable in certain provinces by reference in their respective animal welfare laws. Provincial animal welfare laws are not standardized across the country and are extremely variable among provinces. Municipal animal control by-laws are traditionally developed to protect people from animals deemed to be a threat to public health and safety; however, some municipalities have incorporated animal welfare provisions within these by-laws. Animal welfare enforcement falls under the authority of various agencies depending on the province and legislation in question. These agencies may include private agencies such as humane societies or SPCAs, federal/provincial/municipal government agencies, and/or local police. These agencies may have a publicly advertised animal welfare call line similar to the police run “Crime Stoppers,” which provides a reporting
Agri-Industry Development Division, Manitoba Agriculture, Food and Rural Development, CVO/Food Safety Knowledge Centre, 545 University Crescent, Winnipeg, Manitoba R3T 5S6. Address all correspondence to Colleen Marion; e-mail: [email protected] Use of this article is limited to a single copy for personal study. Anyone interested in obtaining reprints should contact the CVMA office ([email protected]) for additional copies or permission to use this material elsewhere. CVJ / VOL 56 / AUGUST 2015
mechanism for the public to report concerns of animal abuse. It is recommended that veterinarians keep call line information as part of a “frequent caller” list for easy reference; these call lines may distribute posters that can be posted near telephones or on billboards. It is recommended that veterinarians reach out to these agencies proactively to determine whom to contact in the event they or their clients have concerns about animal abuse.
Reporting animal welfare concerns The public holds veterinarians in high moral regard and largely do not tolerate animal abuse. Therefore the public expect that veterinarians as protectors of animal health and well-being have an ethical and professional responsibility to address animal welfare concerns swiftly and appropriately. Provincial animal welfare laws may include a mandatory obligation for veterinarians to report suspected cases of animal neglect or abuse, while protecting veterinarians from liability if reporting in good faith. These laws may also include provisions requiring a reporting veterinarian to provide all records and information requested by an enforcement officer as may be required to determine owner compliance. In provinces in which there is no mandated requirement to provide records in these circumstances, it is recommended that veterinarians seek advice from a lawyer to discuss what the legal requirements may be to act in compliance with relevant animal welfare and privacy laws. Members of the public may contact a veterinarian to enquire about reporting an animal welfare concern they have witnessed. It is always best that the first-hand witness contact enforcement authorities as opposed to a person with second- or third-hand information. Individuals may be concerned that their personal information may be released to the animal owner they are voicing concern about, fearing retaliation from the owner; safeguards are generally in place to keep complainant information confidential from the animal owner being inspected or investigated. Witnesses of animal abuse may be called upon to testify if charges are laid, at which time the identity of the witness may become public, but this does not commonly occur. Enforcement agencies may or may not accept anonymous complaints depending on their internal policy and/or whether the information received is sufficient to generate an official complaint to trigger further action. Timely reporting of animal welfare concerns is crucial. The longer it takes from the time an episode of abuse is observed to when it is reported, the more challenging it becomes for an officer to locate the animal/owner in question, the more likely the observations of the complainant will vary from the observations of the officer, and the more likely an animal will 879
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continue to suffer. If concern is identified while an animal is at a veterinary clinic, the enforcement agency should be contacted immediately. This may allow an officer to address the concerns in a timely fashion while the animal is still in the clinic, which will ensure that the animal is in a safe location and will receive the care it needs.
Documenting observations of suspect animal abuse Veterinarians and support staff may be requested by an animal welfare enforcement officer to provide veterinary records or veterinary care with respect to an animal that may be abused. In these situations veterinarians should not hesitate to request identification showing enforcement credentials. These officers typically are required to carry any combination of identifiers including a badge, photo identification, and/or a certificate of appointment. When veterinarians report or are asked to provide information to determine compliance regarding an animal welfare concern, the veterinary medical record and supportive documents are essential components in helping an officer to determine if an individual is indeed in breach of animal welfare law. These records may be used as evidence to support corrective actions including prevention/relief of animal distress, or to support prosecution of an individual who has committed an offence of animal abuse. For these reasons it is extremely valuable that the following information be included in veterinary medical records where animals are suspected of being abused: • Physical and mailing address of the animal owner and/or the person presenting the animal to the veterinary clinic (may be an assigned caregiver in the owner’s absence) — in many rural communities veterinary clinics record an owner’s mailing address but not a physical address. Without a physical address it may be impossible for an officer to locate an animal or its owner/caregiver. • Physical address of the animal — this is most relevant in rural communities where livestock may not be kept at the same premises as the owner’s home site, or in situations where an owner has assigned a caregiver in their absence and the caregiver’s address is not the same as the owner’s address. • Complete physical examination findings including both normal and abnormal findings — failure to record all physical examination findings can be interpreted by lawyers as failing to complete a physical examination, or forgetting what was seen at the time of physical examination. Lead investigators may have medical evaluation template forms for veterinarians, ensuring all required information is recorded. Recording of body condition scores and body weight is essential, especially with concerns regarding lack of adequate food, water, or medical attention. • Documentation of animal behavior — i.e., pain, aggression, fear, friendliness, agitation, reluctance to move/stand/sit. • Physical description of the animal — including species, breed, age, gender, whether altered or intact, color; unique identification including tags, tattoos, brands, microchips, scars. • Photos and video recordings of abnormal physical examination findings, and to document physical description of 880
animals — this information is important for documenting neurological, musculoskeletal, behavioral abnormalities; changes in appearance/behavior over time; and differentiating one animal from another. — Ensure that programmed time stamps of cameras and video recorders are correct! • Test results — including radiographs, blood results, fecal/ urine results. • Record observations objectively — avoid personal opinion. • Records should be legible — written in ink, without using white-out. Electronic records are also acceptable. • Reference in the medical record animal welfare case numbers and/or police incident numbers provided by animal welfare enforcement officers. • Itemize invoices for cost of care provided to animals and ensure dates are accurate for when care was provided — these invoices may be used to support legal action and prosecution; animal welfare agencies may require a complete medical record as a condition of processing payment for cost of veterinary care; sentencing decisions may include requirements for the accused to pay fines in consideration of cost of care. • Ensure medical records are clearly dated, and initialized/ signed as legally required. • Document abnormal behavior — of the human caregiver towards the animal and/or abnormal behavior of the animal toward the human caregiver. In severe abuse cases animals may present to officers or a veterinary clinic deceased, or may need to be euthanized because they are in such a severe state of illness/injury that it is inhumane for them to continue to live. In such circumstances performance of a necropsy by an independent third party is extremely valuable, not only to obtain as much objective information as possible to explain the reasons for the animal’s clinical state, but to also support the observations/actions of witnesses to the animal’s clinical state. If an animal is to be euthanized under these circumstances it is of benefit to collect blood/urine/fecal samples before euthanasia to perform laboratory diagnostics as deemed appropriate to understand the full scope of the animal’s condition. Radiographs prior to or immediately following euthanasia may also be of value. A clear link has been established between domestic violence and animal abuse. If veterinarians or support staff witness animal abuse and fear for the safety or well-being of humans living at the same premises as these animals, or fear for the safety or well-being of humans being provided with care by the same person caring for the animal, these concerns should be reported to local police. Veterinarians and support staff who assisted in providing care to animals suspected of being abused may be asked to provide a written or verbal statement describing their involvement with said animals; this statement may be requested in layman’s terms. These statements can be used to support legal action and/or prosecution on actions taken by animal welfare enforcement officers. Veterinarians and veterinary support staff may be required to provide court testimony on an animal abuse case, and may be asked to provide a formal résumé in advance of CVJ / VOL 56 / AUGUST 2015
Challenges associated with animal welfare cases Veterinarians may be reluctant to report on or provide care for animals that are the subject of animal welfare concerns due to perceived conflicts of interest such as an existing relationship with an animal owner, or concerns about personal safety in the event that an owner may threaten to retaliate if they become aware a veterinarian is involved with the care of their animal. These events are extremely rare. Local police departments are generally supportive of veterinary efforts to protect animals from neglect or abuse and have a responsibility to protect the public; therefore, police should provide support to keep the peace if required. As a safety measure all veterinary clinics should post emergency police contact information beside all telephones and notify local police in advance if they have concerns about their personal safety when dealing with such cases. In any event, if veterinarians are concerned that a conflict of interest may exist, this should be immediately disclosed to enforcement officers prior to further involvement in the case. It is of utmost importance to treat all animal welfare cases as extremely sensitive and confidential. In small communities especially, local media and the public may question the veterinary community about their involvement with animal welfare cases. All such enquiries should be redirected to the animal welfare agency responsible for the case in question. The veterinary community must also respect that animal welfare enforcement officers may be limited with respect to the amount of information they can disclose to veterinarians concerning a case to maintain the case’s integrity and minimize risk of compromising further legal action. If a veterinarian feels that background information about the animal (housing environment, previous veterinary
CVJ / VOL 56 / AUGUST 2015
care, and previous/current information about known illness/ injury) is required in order to understand the animal’s current condition and develop appropriate recommendations, the veterinarians should ask officers to review written documents, photographs, or videos depicting this information. Appropriate remuneration by animal welfare enforcement agencies for provision of veterinary care can be overlooked at the onset of care, leading to disagreement regarding who is responsible for cost of care and the level of care to be provided. Veterinarians should establish at the onset of animal evaluation, who will be responsible for cost of care and to whom invoices and medical records should be forwarded. Some veterinarians may offer pro bono veterinary care for animal welfare cases. If this is the case, then veterinarians should make it clear to animal welfare agencies as to whether they are willing to provide care to a predetermined financial limit before re-evaluating a case for ongoing financial compensation.
Conclusion The veterinary community provides a tremendously valuable resource in ensuring the prevention and relief of animal suffering regarding cases of animal abuse. These cases can be unpleasant and frustrating to deal with, but at the same time rewarding in knowing that we as veterinarians can have a positive influence on these animals. These rewards extend to overall public health and safety when identifying and treating abused animals that may have severe behavioral impairments, or be infected with zoonotic or infectious disease. For additional information and resources on the veterinary community’s role in addressing animal welfare concerns visit the following websites: • Canadian Veterinary Medical Association (website). Available from: www.canadianveterinarians.net/policy-advocacy/ animal-abuse Last accessed June 1, 2015. • Canadian Federation of Humane Society (website). Available from: www.cfhs.ca/law Last accessed June 1, 2015. • Veterinary forensics expert Dr. Melinda Merck provides veterinarians with multiple resources and tools to assist veterinarians with animal welfare cases (website). Available from: www.veterinaryforensics.com Last accessed June 1, 2015.
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testifying. Enforcement officers leading the case should be able to provide guidance regarding the information required and/or the format in which to provide a statement or résumé. Officers and prosecutors should also provide guidance to witnesses in preparation to testify, including questions that may be asked of them on the stand. Consultation should also be provided by prosecutors explaining qualification of a witness as an expert and how that affects the type of testimony that can be provided.
W
ith the advent of increasing public awareness regarding animal welfare issues as demonstrated by such television programs as “Animal Cops,” W5 exposés, and “Hoarding: Buried Alive,” public expectation has increased for veterinarians and law enforcement agencies to pursue validation and corrective action when animal abuse is suspected. Animal abuse can include both deliberate mistreatment and unintentional neglect which lead to impairment of an animal’s health and well-being. Inspection, investigation, and prosecution of animal abuse can be pursued under various municipal, provincial, or federal laws. The provisions within municipal and provincial animal welfare laws vary among provinces, whereas federal laws can be consistently enforced across Canada; each of these laws designates officers with legal authority to enforce them. Examples of federal law include the Health of Animals Act and Regulations, which play a significant role enforcing humane animal transport, and the animal cruelty section of the Criminal Code. Codes of Practice created by the National Farm Animal Care Council and the Canadian Veterinary Medical Association are recognized nationally by industry to set minimum standards of acceptable animal care in Canada, and may be enforceable in certain provinces by reference in their respective animal welfare laws. Provincial animal welfare laws are not standardized across the country and are extremely variable among provinces. Municipal animal control by-laws are traditionally developed to protect people from animals deemed to be a threat to public health and safety; however, some municipalities have incorporated animal welfare provisions within these by-laws. Animal welfare enforcement falls under the authority of various agencies depending on the province and legislation in question. These agencies may include private agencies such as humane societies or SPCAs, federal/provincial/municipal government agencies, and/or local police. These agencies may have a publicly advertised animal welfare call line similar to the police run “Crime Stoppers,” which provides a reporting
Agri-Industry Development Division, Manitoba Agriculture, Food and Rural Development, CVO/Food Safety Knowledge Centre, 545 University Crescent, Winnipeg, Manitoba R3T 5S6. Address all correspondence to Colleen Marion; e-mail: [email protected] Use of this article is limited to a single copy for personal study. Anyone interested in obtaining reprints should contact the CVMA office ([email protected]) for additional copies or permission to use this material elsewhere. CVJ / VOL 56 / AUGUST 2015
mechanism for the public to report concerns of animal abuse. It is recommended that veterinarians keep call line information as part of a “frequent caller” list for easy reference; these call lines may distribute posters that can be posted near telephones or on billboards. It is recommended that veterinarians reach out to these agencies proactively to determine whom to contact in the event they or their clients have concerns about animal abuse.
Reporting animal welfare concerns The public holds veterinarians in high moral regard and largely do not tolerate animal abuse. Therefore the public expect that veterinarians as protectors of animal health and well-being have an ethical and professional responsibility to address animal welfare concerns swiftly and appropriately. Provincial animal welfare laws may include a mandatory obligation for veterinarians to report suspected cases of animal neglect or abuse, while protecting veterinarians from liability if reporting in good faith. These laws may also include provisions requiring a reporting veterinarian to provide all records and information requested by an enforcement officer as may be required to determine owner compliance. In provinces in which there is no mandated requirement to provide records in these circumstances, it is recommended that veterinarians seek advice from a lawyer to discuss what the legal requirements may be to act in compliance with relevant animal welfare and privacy laws. Members of the public may contact a veterinarian to enquire about reporting an animal welfare concern they have witnessed. It is always best that the first-hand witness contact enforcement authorities as opposed to a person with second- or third-hand information. Individuals may be concerned that their personal information may be released to the animal owner they are voicing concern about, fearing retaliation from the owner; safeguards are generally in place to keep complainant information confidential from the animal owner being inspected or investigated. Witnesses of animal abuse may be called upon to testify if charges are laid, at which time the identity of the witness may become public, but this does not commonly occur. Enforcement agencies may or may not accept anonymous complaints depending on their internal policy and/or whether the information received is sufficient to generate an official complaint to trigger further action. Timely reporting of animal welfare concerns is crucial. The longer it takes from the time an episode of abuse is observed to when it is reported, the more challenging it becomes for an officer to locate the animal/owner in question, the more likely the observations of the complainant will vary from the observations of the officer, and the more likely an animal will 879
B I E N - Ê T R E D E S A N I M AU X
continue to suffer. If concern is identified while an animal is at a veterinary clinic, the enforcement agency should be contacted immediately. This may allow an officer to address the concerns in a timely fashion while the animal is still in the clinic, which will ensure that the animal is in a safe location and will receive the care it needs.
Documenting observations of suspect animal abuse Veterinarians and support staff may be requested by an animal welfare enforcement officer to provide veterinary records or veterinary care with respect to an animal that may be abused. In these situations veterinarians should not hesitate to request identification showing enforcement credentials. These officers typically are required to carry any combination of identifiers including a badge, photo identification, and/or a certificate of appointment. When veterinarians report or are asked to provide information to determine compliance regarding an animal welfare concern, the veterinary medical record and supportive documents are essential components in helping an officer to determine if an individual is indeed in breach of animal welfare law. These records may be used as evidence to support corrective actions including prevention/relief of animal distress, or to support prosecution of an individual who has committed an offence of animal abuse. For these reasons it is extremely valuable that the following information be included in veterinary medical records where animals are suspected of being abused: • Physical and mailing address of the animal owner and/or the person presenting the animal to the veterinary clinic (may be an assigned caregiver in the owner’s absence) — in many rural communities veterinary clinics record an owner’s mailing address but not a physical address. Without a physical address it may be impossible for an officer to locate an animal or its owner/caregiver. • Physical address of the animal — this is most relevant in rural communities where livestock may not be kept at the same premises as the owner’s home site, or in situations where an owner has assigned a caregiver in their absence and the caregiver’s address is not the same as the owner’s address. • Complete physical examination findings including both normal and abnormal findings — failure to record all physical examination findings can be interpreted by lawyers as failing to complete a physical examination, or forgetting what was seen at the time of physical examination. Lead investigators may have medical evaluation template forms for veterinarians, ensuring all required information is recorded. Recording of body condition scores and body weight is essential, especially with concerns regarding lack of adequate food, water, or medical attention. • Documentation of animal behavior — i.e., pain, aggression, fear, friendliness, agitation, reluctance to move/stand/sit. • Physical description of the animal — including species, breed, age, gender, whether altered or intact, color; unique identification including tags, tattoos, brands, microchips, scars. • Photos and video recordings of abnormal physical examination findings, and to document physical description of 880
animals — this information is important for documenting neurological, musculoskeletal, behavioral abnormalities; changes in appearance/behavior over time; and differentiating one animal from another. — Ensure that programmed time stamps of cameras and video recorders are correct! • Test results — including radiographs, blood results, fecal/ urine results. • Record observations objectively — avoid personal opinion. • Records should be legible — written in ink, without using white-out. Electronic records are also acceptable. • Reference in the medical record animal welfare case numbers and/or police incident numbers provided by animal welfare enforcement officers. • Itemize invoices for cost of care provided to animals and ensure dates are accurate for when care was provided — these invoices may be used to support legal action and prosecution; animal welfare agencies may require a complete medical record as a condition of processing payment for cost of veterinary care; sentencing decisions may include requirements for the accused to pay fines in consideration of cost of care. • Ensure medical records are clearly dated, and initialized/ signed as legally required. • Document abnormal behavior — of the human caregiver towards the animal and/or abnormal behavior of the animal toward the human caregiver. In severe abuse cases animals may present to officers or a veterinary clinic deceased, or may need to be euthanized because they are in such a severe state of illness/injury that it is inhumane for them to continue to live. In such circumstances performance of a necropsy by an independent third party is extremely valuable, not only to obtain as much objective information as possible to explain the reasons for the animal’s clinical state, but to also support the observations/actions of witnesses to the animal’s clinical state. If an animal is to be euthanized under these circumstances it is of benefit to collect blood/urine/fecal samples before euthanasia to perform laboratory diagnostics as deemed appropriate to understand the full scope of the animal’s condition. Radiographs prior to or immediately following euthanasia may also be of value. A clear link has been established between domestic violence and animal abuse. If veterinarians or support staff witness animal abuse and fear for the safety or well-being of humans living at the same premises as these animals, or fear for the safety or well-being of humans being provided with care by the same person caring for the animal, these concerns should be reported to local police. Veterinarians and support staff who assisted in providing care to animals suspected of being abused may be asked to provide a written or verbal statement describing their involvement with said animals; this statement may be requested in layman’s terms. These statements can be used to support legal action and/or prosecution on actions taken by animal welfare enforcement officers. Veterinarians and veterinary support staff may be required to provide court testimony on an animal abuse case, and may be asked to provide a formal résumé in advance of CVJ / VOL 56 / AUGUST 2015
Challenges associated with animal welfare cases Veterinarians may be reluctant to report on or provide care for animals that are the subject of animal welfare concerns due to perceived conflicts of interest such as an existing relationship with an animal owner, or concerns about personal safety in the event that an owner may threaten to retaliate if they become aware a veterinarian is involved with the care of their animal. These events are extremely rare. Local police departments are generally supportive of veterinary efforts to protect animals from neglect or abuse and have a responsibility to protect the public; therefore, police should provide support to keep the peace if required. As a safety measure all veterinary clinics should post emergency police contact information beside all telephones and notify local police in advance if they have concerns about their personal safety when dealing with such cases. In any event, if veterinarians are concerned that a conflict of interest may exist, this should be immediately disclosed to enforcement officers prior to further involvement in the case. It is of utmost importance to treat all animal welfare cases as extremely sensitive and confidential. In small communities especially, local media and the public may question the veterinary community about their involvement with animal welfare cases. All such enquiries should be redirected to the animal welfare agency responsible for the case in question. The veterinary community must also respect that animal welfare enforcement officers may be limited with respect to the amount of information they can disclose to veterinarians concerning a case to maintain the case’s integrity and minimize risk of compromising further legal action. If a veterinarian feels that background information about the animal (housing environment, previous veterinary
CVJ / VOL 56 / AUGUST 2015
care, and previous/current information about known illness/ injury) is required in order to understand the animal’s current condition and develop appropriate recommendations, the veterinarians should ask officers to review written documents, photographs, or videos depicting this information. Appropriate remuneration by animal welfare enforcement agencies for provision of veterinary care can be overlooked at the onset of care, leading to disagreement regarding who is responsible for cost of care and the level of care to be provided. Veterinarians should establish at the onset of animal evaluation, who will be responsible for cost of care and to whom invoices and medical records should be forwarded. Some veterinarians may offer pro bono veterinary care for animal welfare cases. If this is the case, then veterinarians should make it clear to animal welfare agencies as to whether they are willing to provide care to a predetermined financial limit before re-evaluating a case for ongoing financial compensation.
Conclusion The veterinary community provides a tremendously valuable resource in ensuring the prevention and relief of animal suffering regarding cases of animal abuse. These cases can be unpleasant and frustrating to deal with, but at the same time rewarding in knowing that we as veterinarians can have a positive influence on these animals. These rewards extend to overall public health and safety when identifying and treating abused animals that may have severe behavioral impairments, or be infected with zoonotic or infectious disease. For additional information and resources on the veterinary community’s role in addressing animal welfare concerns visit the following websites: • Canadian Veterinary Medical Association (website). Available from: www.canadianveterinarians.net/policy-advocacy/ animal-abuse Last accessed June 1, 2015. • Canadian Federation of Humane Society (website). Available from: www.cfhs.ca/law Last accessed June 1, 2015. • Veterinary forensics expert Dr. Melinda Merck provides veterinarians with multiple resources and tools to assist veterinarians with animal welfare cases (website). Available from: www.veterinaryforensics.com Last accessed June 1, 2015.
881
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testifying. Enforcement officers leading the case should be able to provide guidance regarding the information required and/or the format in which to provide a statement or résumé. Officers and prosecutors should also provide guidance to witnesses in preparation to testify, including questions that may be asked of them on the stand. Consultation should also be provided by prosecutors explaining qualification of a witness as an expert and how that affects the type of testimony that can be provided.
