What Was The Question?

What Was The Question?

What Was The Question?

The question was, and remains, do you want to ensure the Alberta wild horses remain free and protected on our Public Lands? To accomplish that goal, are you doing everything in your power to make sure that happens, and have you made the wild horses your first priority? I can honestly answer yes to those things. Unfortunately, it seems a few others cannot, but I’ll let you decide that for yourselves.

I began writing these stories to keep the General Public informed of the truth about what was really happening with our battle to keep our Alberta wild horses free and protected on our Public Lands. In the beginning, the battle line was clearly defined, with the wild horse advocates against the Provincial Government. Two years later, the battle lines have been redrawn, and drawn again, as personalities clash and personal agendas and egos become the priority, and the wild horses’ best interests drop further down list.

I have provided assistance to numerous people, groups and organizations over the last 2 years to further the cause of our free roaming wild horses, and I continue to do so. However, I cease to provide assistance to those people, groups and organizations, who have forgotten what the question is.

The Wild Horses of Alberta Society (WHOAS) is now darting more and more mares with PZP under the direction of the Feral Horse Advisory Committee and culling young horses under the direction of the Alberta Provincial Government. WHOAS has forgotten what the question is. I no longer support or assist them.

Help Alberta Wildies (HAW) manipulated and deceived those working for the wild horses, and took credit for the accomplishments of those it deceived, before it walked away from group advocacy. HAW dismissed outright all the work currently in progress, to follow its own personal agenda. HAW has stated publicly it will be done, if the DNA testing doesn’t show endangered breeds, and will walk away and leave the wild horses to their fate. HAW has forgotten what the question is. I no longer support or assist them.

The latest potential casualty in this growing list is now Zoocheck. I truly expected more from Zoocheck, as they are a professional organization.

Zoocheck intends to commence legal action against the Alberta Provincial Government when the next cull of our Alberta wild horses is issued. I’ve known about this for some time, but was asked by Zoocheck to keep it quiet until such time as they issued their own media release. I agreed to do so, and offered to post the media release in the next story to help spread the word. HAW released this information on its Facebook Page in November, so I feel I am no longer under any obligation to keep this information quiet.

Zoocheck believes, from legal advice obtained, that it cannot begin legal action against the Alberta Provincial Government until a cull is issued. The Alberta Provincial Government announces its intention to cull the wild horses, late in the afternoon on the day before the cull is to commence. Of course, the Alberta Provincial Government has already lined up the official “cullers” sometime in advance of the General Public being made aware of the cull. Zoocheck would then have to prepare its legal documents, file the documents in the Court Registry, serve the documents upon the Government, and then finally appear in Court to apply for an Injunction to stop the cull. It is quite likely, that the cull would perhaps be irretrievably underway by the time Zoocheck gets all these things accomplished.

I informed Zoocheck that I had information that indicated legal action could be commenced immediately against the Alberta Provincial Government, without having to wait until horses were being captured and removed from our Public Lands.

The following is an email I received from Zoocheck in response:

From: xxxxx@zoocheck.com>
Sent: December 3, 2015 10:00 AM
To: ‘V F’
Cc: ‘xxxxxxxxxxxxx’
Subject: RE: W5 Exposé Reveals Lack of Independent Scientific Wildlife Management Plan For Wild Horses

Our lawyer will guide the legal decisions. I know for a fact that you cannot launch a judicial review until the decision has been officially made, there may be other options for legal cases, but I will follow the lawyer’s advice on those.

Thanks Vi,

Julie

I was not asked by Zoocheck to provide it with the information that I obtained. It was dismissed outright.

The following Sections of the Stray Animals Act and the Horse Capture Regulation state:

STRAY ANIMALS ACT
Chapter S 20
Part 2
Capture of Stray Livestock

Licence

9(1) The Minister responsible for the administration of the Public Lands Act may designate public land for which a licence under this section may be issued if, in the opinion of the Minister, it is necessary to protect, maintain or conserve the range, forage, soil, reforestation, wildlife habitat or other resource or for the safety of the public or of horses or as provided for in the regulations.

1993 c25 s3

ALBERTA REGULATION 59/94
Stray Animals Act
HORSE CAPTURE REGULATION

Licences

5(3) A licence must include the following:

(a)the areas of designated land where horses may be captured under the licence;

AR 59/94 s5;251/2001;5/2008

Zoocheck believes that a meaningful judicial review process cannot be started against the Alberta Provincial Government until after a new round of capture permits have actually been issued. It is clear from reading the Stray Animals Act s.9(1), and s.5(3)(a) of the Horse Capture Regulation, that no capture permit can be issued until the Minister, or his delegate, has formed an Opinion that capturing horses is necessary to preserve the rangeland, forage, forest land or soil in an area as designated by the Minister. As such an Opinion is an essential precondition to the Minister issuing capture permits, it would be reasonable to assume that Zoocheck has asked the Ministry to provide a copy of any such Opinion.

With that Opinion in hand, it should be possible, right now, to request a judicial review of the basis on which the Minister formed the Opinion, that necessity requires action against horses, in order to preserve the rangeland.

In the course of that judicial review, it should be proper to ask that the basis on which the Minister formed its Opinion, be fully discussed in Court. This should allow Zoocheck to bring forward its view on what is the proper basis on which the Minister should base its Opinion.

You should be asking why one would wait or delay the opportunity that exists right now, to get the Court to judicially review what sort of information the Minister needs to consider in deciding what conditions are necessary to issue capture permits, and whether that information is scientific, heritage, or the needs of cattle ranchers or otherwise.

Someone might think that because the Government is reviewing its policies right now with respect to the next cull, the judicial review process should be delayed until after that process is complete, in order to ensure that a full review of the fundamental issues have been covered. However, bringing on a judicial review of capture permits that have been previously issued, would allow a judicial review of the very same issues, except that it could be done immediately, without having to wait for more horses to be removed.

What was the question?

Do you want to ensure the wild horses remain free and protected on our Public Lands? To accomplish that goal, are you doing everything in your power to make sure that happens, and have you made the wild horses your first priority?

I cease to provide assistance to those people, groups and organizations, who have forgotten what the question is.

Given the above information, if you are wondering why Zoocheck is waiting for horses to be removed from Public Lands, before they commence legal action, then you should direct your inquiries to:

Zoocheck
Office: 416 – 285-1744
Toll-Free: 1-888-801-3222
Media (off-hours): 416 – 451-5976
Email: Zoocheck@zoocheck.com

December 22, 2015