April Dawn Irving, accused Alberta dog hoarder, has history of animal neglect

A woman accusedby theSociety for the Prevention of Cruelty to Animals of hoarding201dogson an acreage near Milk River, Alta., has a past conviction for animal neglect in Saskatchewan, a court documentshows.

April Dawn Irving, 55,voluntarily surrendered 60 dogs in December. The surrender meant the SPCA could move immediately to have those 60 dogs adopted.

• Milk River dog rescue spursseizure of 201 dogs
• Click the audiobuttons above to hearCalgary Eyeopenerinterviews with the Alberta SPCA and AARCS

After failing to convince Irving to change the conditions her remaining dogs were living in, the SPCA said it returned to the property on Jan. 13 and seized 141 dogs. Two ofthe dogsdied, but the rest are expected to fully recover.

Officials said the dogs were emaciated, dirty with matted fur, dehydrated and suffering from various medical and behavioural ailments. Some had broken bones or open wounds infested with parasites, and many still require medical attention.

Removing the animals tooksixhours and required a court-ordered search warrant to access the property, according to the SPCA. Many of the animals havebeen placed in foster homes or shelters across Alberta.

CBC News has learnedthat Irving has sincefiled a lawsuit against the animal protection agency to have the dogs seized on Jan. 13 returned to her. The lawsuit, filed in the Court of Queen's Bench in Lethbridge on Jan. 20, claims the dogs were unlawfully removed from her property andseeks unspecified damages resulting from the seizure.

Milk River dog rescue largest in province

"I have always fully co-operated, even in the utmost of heartache," Irving says in her statement of claim.

Irving told CBC News that she considers thedogs her family and she is distressed that they have been taken.

"You know you are supposed to be innocent until you are proven guilty," she said.

The SPCA said on Wednesday that theseizures were the largest removal of dogs in Alberta's history. No charges have yet been laid, but SPCA officials say they plan to do so soon.

A local animal shelter, the Alberta Animal Rescue Crews Society (AARCS), said the animals were living in horrendous conditions and it's one of the worst cases of animal neglect the agency hasseen.

"In my opinion no one in their right mind can deal with this many animalsand that mental health would need to be taken into consideration," said AARCSexecutive directorDeanna Thompson.

Irving was found guilty and charged $5,000 in 2013 of one charge under Saskatchewan's Animal Protection Actafter she was accused of operating a puppy mill. Sheis expected to try to appealthe conviction in aRegina courtroom on April 15.

• Former Saskatchewandog breeder suspect in Alberta neglect case

The judge in the case dismissed two criminal charges against Irving, finding that she was not wilfullynegligent in the care ofher dogs.

Past charges

A court documentalso reveals that Irving was accused of mistreating animals in 2007.She faced four charges under Alberta's Animal Protection Act related to dogs she kept in Fort McMurray.

The charges included causing or permitting an animal to be in distress, obstruction of justice and possession of stolen propertyrelated to a dog.

All charges were withdrawn on Feb. 13, 2008, but a number of dogs were seized from Irvingin 2007. According to Irving'sstatement of claim,the dogs were returned to her after being held by the SPCA for seven months.

She claims her residence has been inspectedmultiple times in the last few years by the Alberta SPCAand there have been no requirements issued or animals seized.

The Alberta SPCA, which is not connected to SPCA organizations in other provinces, enforces the Animal Protection Act in the province although investigations in Calgary and Edmonton are carried out by local humane societies.

SPCA jurisdiction in Alberta

Penalties under the Animal Protection Act including lifetime bans for owning animals or the maximum fine of $20,000 are only recognized inside Alberta. However, an SPCA spokesperson said a judge can take into account convictions in other provinces when handing down their decision.

"Many people have concerns about animal abuse in Albertathrough the entire country," Alberta's Solicitor GeneralJonathan Denis told CBC Newswhen questioned about the Irving case.

His office said he has spoken with his provincial counterparts about strengthening animal cruelty laws.

"I think one instance of cruelty to animals is one too many. Albertans have told me loud and clear that it's not something that they will tolerate, [or] that they want to see in this particular province," he said.

"Realistically, I want to be proactive.I don't want to be reactionary and in this particular case I will leave it up to the particular authorities."