Toronto Police and the OSPCA raided the Toronto Humane Society offices and shelter on River St. in November, 2009Fred Lum/The Globe and Mail
The Toronto Humane Society is starting over. It is clearing out the animal cages, scrubbing the shelter, and closing its doors until a new board of directors is elected by the membership.
The 123-year-old charity's plan for rehabilitation, which one lawyer likened to "pushing the reset button," was laid out in a deal struck between the Toronto Humane Society and the Ontario Society for the Prevention of Cruelty to Animals and approved Thursday by the Ontario Superior Court of Justice.
The deal was struck after months of mediation, just days before hearings for the OSPCA's application to have the board thrown out were about to begin.
The doors will close April 12. The humane society will then eview and revise its animal-care policies, including euthanasia decisions, implement a new computer system, retrain staff, and conduct an "extensive deep cleaning" of its River Street shelter, according to the deal.
"We're pushing the reset button," said Frank Addario, a lawyer for the remaining 13 members of the board of directors, who will step down May 29, on the eve of a special members meeting to elect a new board. "It's been contentious litigation."
"We've achieved what we sought to achieve which was a removal of that board of directors," said Brian Shiller, a lawyer for the OSPCA. "We feel confident that the membership will make their decision in their votes with an emphasis on changing of the status quo."
In the interim, staff will work to adopt, foster or euthanize the approximately 200 animals still inside the shelter until the April deadline, when any remaining animals will be handed over to the OSPCA. The humane society will resume full control of the shelter that will be closed until a new board of directors is elected through a closely monitored election.
"I emphasize the need for continued vigilance and diligence by the THS, its board, staff and members in reforming their animal care practices," Justice David Brown of the Ontario Superior Court said in his decision.
The Toronto Humane Society will also be required to report to the Office of the Public Guardian and Trustee, a branch of the Attorney General's Office that oversees charities, on any financial matters that arise before the election.
"It is my hope that through implementing reforms the THS will restore its long traditions of providing residents of the City of Toronto with the highest quality animal care services," Judge Brown said.
Both the OSPCA and the humane society said yesterday that they were satisfied with the terms of the deal, but members of the Association to Reform the Toronto Humane Society, or ART, expressed concern that members of the current board, who face charges of animal cruelty, were being allowed to make major operational decisions in advance of the members' meeting.
"It's like inmates running the asylum," said Arie Gaertner, a lawyer for the group.
Three of the current members of the board of directors, Robert Hambley, Pamela Inglis and Bud Walters, have expressed interest in running for the new board, while both Laurie Overton and former president Tim Trow have resigned, according to Mr. Addario.
The judge rejected a request by Linda MacKinnon, a member of ART, that the presiding board members be blocked from running again.
Mr. Addario said that efforts to adopt out the remaining animals, or to transfer them to fosters or rescue groups would begin immediately.
"We have 12 days to find homes for them," he said, adding that the humane society is open to co-operating with any groups or volunteers who step forward.
Though there had been some "culling of the best candidates" for adoption, Mr. Addario said that some highly adoptable pets remain available at both the humane society's River Street location and their satellite shelter on Victoria Park Avenue.
When the OSPCA raided the shelter in November and arrested five senior managers, including Mr. Trow, there were 1,100 animals inside the shelter. The OSPCA stopped intake, and their numbers have since dwindled, cutting off a major source of revenue for the shelter.
The raid was the culmination of a six-month investigation by the OSPCA launched after The Globe and Mail uncovered evidence of animal suffering and poor management at the charity. Another former manager has since been arrested, raising the tally to six managers charged with criminal animal cruelty, in addition to non-criminal animal cruelty charges lobbed against the current board of directors.