The Ontario Society for the Prevention of Cruelty to Animals is calling on a provincial agency to appoint an interim supervisor to oversee the Toronto Humane Society, following the arrest of five senior staff members charged with animal cruelty.
The OSPCA turned to the Office of the Public Guardian and Trustee for help, because it oversees charities in the province. The humane society is funded by about $10-million in charitable donations each year.
But the guardian's office declined to get involved last night, saying it does not have the power to appoint a supervisor. That leaves it unclear who will run one of the country's largest animal shelters, now that its president, senior staff and entire board of directors have been charged with animal cruelty.
Valerie Hopper, a spokeswoman at the public guardian's office, had harsh words for the shelter staff charged yesterday.
"Cruelty to animals is never acceptable, but the allegations are alarming particularly when they involve an organization that is entrusted with their care," Ms. Hopper said in an e-mail to The Globe and Mail.
However, she added, the role of the public guardian's office, which is an arm of the Ministry of the Attorney-General, is limited when it comes to charities. A case involving the alleged mistreatment of animals and overall corporate governance does not fall within its jurisdiction, she said, adding that the OSPCA is the appropriate body to investigate the matter.
This is not the first time the guardian's office has failed to respond to alleged animal suffering and mismanagement of charitable dollars at the humane society. In September, The Globe and Mail obtained a copy of a three-year-old private investigator's report that outlined allegations of dysfunction at the THS. Sources confirmed the report had been sent to the public guardian's office in 2006, but the agency has so far failed to act.
Brian Shiller, a lawyer for the OSPCA, disagreed with Ms. Hopper's contention that the public guardian can't step in. He said issues involving the management of the humane society's board fall within the purview of the public guardian's office.
"The Public Guardian and Trustee has the power to remove the board of directors of the Toronto Humane Society and appoint a supervisor to oversee the transition to a new and properly elected board," he said. "They have authority. We need their help. They should act."
Mr. Shiller said he gave officials in Premier Dalton McGuinty's office and the Attorney-General's office a heads up earlier this week that the humane society officials would face charges.
Government officials were co-operative, he said, but they do not have the authority to direct the affairs of the public trustee's office. "Everyone is puzzled why the public guardian is not there."
The public guardian investigates complaints about "those responsible for the administration" of a charity, complaints that "charitable property is not used for the purposes for which it is intended," or complaints that a charity's "property is held in breach of legislation," according to the Ministry of the Attorney-General's website.
Karen Howlett