Legal System Fails and Fawcett Still Runs (which is more than can be said for his dogs)

4

December 4, 2012 by lizforanimals

The verdict is finally in on British Columbia’s most notorious animal cruelty case to date, the Robert Fawcett sled dog killings. I have put off writing about this particular case because I wanted to wait until it was finalized and this man saw his day in court. Now I am free to write about this atrocity, as a blog post, but also as a catharsis for myself.
The first time I heard about this heinous crime I was absolutely mortified. Like everyone else, I couldn’t comprehend how anyone could commit such a horrific act of cruelty. I searched the media and the Internet for more information, hoping that there would be something that would help me to understand this individual and the circumstances that led him to commit such a brutal crime. Surely he had lost his mind or someone had held a gun on him and/or his family, threatening their lives! Sadly, this was not the case. The reasons were simply monetary and he had been told to ‘cull’ the dogs by his employer. This ‘cull’ went terribly wrong and a full out slaughter ensued, resulting in 56 dogs dead, 9 of them having suffered unnecessarily, according to evidence presented from the investigation. In my humble opinion, I would suggest that the remaining 47 dogs also suffered, albeit, not by the standards of our Provincial and Federal legislation.
I have attempted, here in this post, to address how the events unfolded in this unspeakable crime against the sled dogs. I am, however, human and therefore not above making errors, so please bear with me as I try to make this journey.

This story first broke when it became known that Robert Fawcett had filed a claim through Worksafe BC, stating that he was suffering from post traumatic stress disorder (PTSD). In this claim, he stated that in April 2010 he had killed 100 of the sled dogs in his care, as part of a ‘cull’ for the company he worked for. Outdoor Adventures Whistler, was apparently suffering financially, now that the 2010 Winter Olympics was over and the company now found themselves with a surplus of dogs that they could no longer provide care for. These were healthy dogs, not sick, injured or old dogs, but healthy dogs. These dogs were just no longer an asset, no longer financially viable. Mr. Fawcett stated that he was directed to ‘cull’ the dogs by his boss and that it needed to be done over a 3 day period of time, so as to not interfere with the ongoing tour business. ‘Business as usual’ with no interruptions. The first onslaught of killings took place on April 21st, 2010. Fawcett even posted a guard at the entrance to the ‘killing field’ so that no one could stumble upon the horrific event taking place and as a safety measure in case he shot himself. Who posts a guard as a lookout if you’re doing something on the up and up? The first day of killing did not go well. Many of the dogs were shot repeatedly and or knifed, as many of the gory details were released (I do not wish to repeat them here, however, there are many accounts of these details and I will include a link for those interested). These are the same details that Fawcett himself spoke about on a PTSD online forum, stating, ” I was forced to kill and it has pretty much destroyed my soul “, claiming that the images of this two day ordeal haunted him and contributed to his declining mental health. At that point, I ask, why didn’t Mr. Fawcett stop, realizing that things were drastically out of control? He was experienced at ‘culling’, this wasn’t his first time! He’d been in the sled dog business for many years and should have realized that a ‘cull’ of this magnitude was beyond anyone’s scope and above all, just wrong. He didn’t stop, he took a day off from killing, regular business as usual ensued, as sled dog tours were conducted on the 22nd of April. On April 23rd, 2010, Fawcett returned to finish his savage ‘cull’. He had time, during those three days, to think about the ramifications of what he was doing. He could have stopped. He could have gone to the media. He could have reached out for help. He did not.

During mysleddogsnvan search on the Internet, I was surprised to find that a colleague and friend of mine was the organizer of a Vigil page on Facebook in memorial of the dogs. I joined my friend to help with organizing the Vigil in North Vancouver, British Columbia. There were Vigils being planned across Canada, in every province and worldwide in several countries. Canada was outraged. The world was outraged! There were walks, rallies, protests, vigils and Facebook pages created to address the horror of this crime. People could not comprehend the magnitude of cruelty involved and were speaking out against this despicable act of cruelty, hoping that somehow their actions would bring justice for the dogs.
British Columbia (BC) responded to this profound act of cruelty by establishing the strongest animal cruelty legislation in the country, 5 years maximum jail time, $75,000 maximum fine for offenders and even declared April 23rd to be Animal Abuse Prevention Day forevermore in BC, in honour of the 100 sled dogs killed.The BCSPCA launched what would turn out to be the most expensive and complex investigation in its’ history, hiring a team of forensic experts to exhume the graves of the sled dogs. When all was said and done, 56 dogs were recovered and 1000 pages of evidence was submitted to the Crown.

None of this seemed to matter come sentencing day.
memorial blog
It was important for me to be at the sentencing, to see Robert Fawcett receive his just dues, or so I hoped. I, like many others, had recently attended the BCSPCA’s memorial for the sled dogs in Penticton on November 2nd, so everything was fresh, the emotion resurfacing, the need for justice that much stronger.

It was a long day in court and an emotional one. There was a lot of talk of how Fawcett was made an international pariah through the media and social network. How the vigils and protests apparently affected his ability to cope with everyday life and how his mental health continued to spiral downward.There was mention that he and his family

Animal advocates outside the court on November 22, 2012 at Robert Fawcett's sentencing.

Animal advocates outside the court on November 22, 2012 at Robert Fawcett’s sentencing.

received numerous death threats and that they even had to be clandestinely moved a couple of times for their own safety. (Death threats were made to the organizers of the vigils in Whistler, BC as well, but you don’t hear any mention of that in any of the media stories).
Apparently, at one point, Fawcett was so distraught that he spent a couple of months in a psychiatric facility in Guelph (the judge considered this ‘time served’).

The defence council, Greg Diamond, disclosed that Fawcett’s childhood was less than perfect. Mother left when he was eleven, father was emotionally distant, stepfather was an alcoholic, Fawcett grew up on a farm, which included caring for and slaughtering animals. At some point in his childhood, he suffered some form of sexual abuse, although the defense didn’t elaborate. Mr. Fawcett experienced suicidal ideation and had been diagnosed with PTSD. The psychiatric assessment stated that Fawcett was not a threat to people or animals. Defence council presented the court with 30 character reference letters on Mr. Fawcett’s behalf, all stating what an upstanding man he was and how out of character this crime was for him. Mr. Diamond even pointed out that Mr. Fawcett had tattooed a ring of dogs around his arm to remind him of his beloved sled dogs. Robert Fawcett did not have any prior criminal record. The picture was drawn, by the defence council and Crown, of a broken, contrite man, who had already paid the price for his sins and was no longer a threat to anyone but himself.

Crown suggested a sentence of 3 years probation, a $5000 fine, 200 community hours and a life time ban on ‘owning’ or caring for animals.

All of this is what influenced the Judges’ decision when it came down to passing sentence.

Judge Merrick was very clear in pointing out that Mr. Fawcett was not on trial for killing the dogs, which was legal, but rather for the manner in which the dogs were killed, which was unlawful and that he was only convicted for the inhumane death of nine of the dogs. The Judge then went on to say that “the international demonization of Mr. Fawcett was an overwhelming mitigating factor in the decision not to send him to jail.” Judge Merrick stated that jail is meant to be a rehabilitative process and he didn’t feel that Mr. Fawcett would benefit from this process. (I believe that jail is mostly punitive and that there is very little rehabilitation, if any, that occurs while incarcerated. The general public is placating itself by assuming any different). The judge said that, ” Mr. Fawcett had the dog’s best interests in mind when he killed them ” and he didn’t feel that Mr. Fawcett was likely to reoffend.

Judge Merrick then handed down what seemed like the most lenient sentence possible. No jail time, a $1,500 fine, 200 community hours, a 10 year firearms ban and a 3 year ban on any commercial involvement with animals. There was no exemption from ‘owning’ animals. In my considered opinion, this was a slap on the wrist sentence considering the level of animal cruelty perpetrated by Mr. Robert Todd Fawcett! This was not a punishment worthy of any merit!

I am very disappointed with this sentencing, wondering what is the point of having the strongest animal cruelty legislation in the country if it isn’t enforced and what will it take for the courts to start taking crimes against animals seriously? This sentence does not reflect the crime committed, nor is it proportionate to the seriousness of this crime. The courts need to get tougher on sentencing those convicted of animal cruelty! I am ashamed of our judicial system when it comes to animal cruelty related cases.

There’s a lot of talk about justice versus vengeance and that people need to ‘move on’ and ‘move past’ this devastating ordeal. Some are doing that, mostly those in the sled dog business, but for others, ‘moving on and moving past’ this disturbing episode in BC’s history has been made more difficult by the sentence passed. Granted, at the beginning of the court proceedings, I most definitely wanted the maximum sentence of 5 years jail, but as the day progressed, I realized that wouldn’t necessarily be the best course of action. I do believe that some jail time should have been warranted and at the very least, a far more substantial fine should have been levied. What was needed, was a sentence that would deter others in the future from following in Mr. Fawcett’s footsteps. To quote Marcie Moriarty, General Manager of Cruelty Investigations of the BCSPCA, ” Mr Fawcett basically walked away and was paid taxpayer dollars in compensation from WorkSafe BC for committing the crime.” (Canada.com)

I have no doubt that Mr. Fawcett suffers mental anguish from his deeds, any sane person would,  but I find it difficult to muster up any true feelings of compassion for the man who knowingly chose to brutally execute 56 dogs in the manner in which he did. I do, however, feel deeply for his wife and children who have had to endure the scrutiny of the media in the shadow of their husband and father’s actions. I feel that the Court has failed these dogs, as well as failed to send a strong message to future abusers.

The federal legislation, in regards to animal welfare, is antiquated and hasn’t seen any serious change in over 120 years. The current legislation still considers animals to be property and contains several loopholes that make conviction problematic. The majority of offenders are not properly prosecuted  and charged for their crimes due to these many loopholes within the legislation. There is allowance within the legislation that permits a person to kill an animal (their ‘property’) brutally and viciously, as long as the animal dies immediately. Again, to quote Marcie Moriarty of the BCSPCA, ” It’s always been legal to kill your animal, it just has to be done humanely.” (Quoted April 21, 2012, during the Whistler Sled Dog Investigation)

Yes, culling is legal. Yes, killing your animal, your ‘property’, is legal in Canada, as long as it is done humanely. HUMANELY equals animal dies quickly/immediately. I don’t know about you, but I have a very difficult time with this statement! Just because something is legal, does not mean that it is ethically and morally right. It used to be legal to own people, but it wasn’t right and good people fought against it and eventually won the battle! If you want to see changes to the federal and provincial legislation in regards to animal welfare, please sign the petition and TAKE ACTION HERE 

During court, defence lawyer Greg Diamond spoke about “The one silver lining that resulted from this tragedy was the new stronger BC legislation and the new guidelines and standards for sled dogs.” This new BC legislation is only as strong as its enforcement and as for the new guidelines/standards for sled dogs, that’s a whole other blog post, but I have included the link, for your perusal, to the new guidelines/standards for sled dogs, complete with diagrams on how to shoot your dog if how2shootdogneeded(Appendix G). Not too sure if these guidelines/standards actually provide any new ‘protection’ for sled dogs, but like I said, that’s a whole other blog post!

 

 

 

Advertisements

4 thoughts on “Legal System Fails and Fawcett Still Runs (which is more than can be said for his dogs)

  1. Nicole says:

    WELL SAID and well written! You said exactly what we all feel and think. This should be printed in ‘The Province’ or something!
    The animals are lucky to have you on their side, Liz! Serious blog, but true to every word and a beautiful tribute to fighting for stronger punishment when it comes to animal cruelty. Especially how dogs are handled in the sled dog industry. This is really good!
    Love
    Nicole

    • Thank you Nicole for your kind words! I really do believe that the legislation in Canada and the way we view animals, needs to change so that animals can be better protected! The legal system fails animals over and over again!

  2. http://www.animaladvocates.com/sled-dogs/whistler-sled-dogs-robert-fawcett-spca/

    Thank you for writing this Liz. I posted the above link that helps shed some light on BC SPCA’s sorry history regarding protecting and advocating for these slave dogs, which is what they really are. BC SPCA (years ago) should have at least made a position/policy statement that they were opposed to sled dog industries (commercial sled dog tours and dog racing – that they urged their supporters, residents and tourists to avoid patronizing these forms of dog exploitation). Instead in my opinion BC SPCA was part of a snowjob (BC Sled Dog Task Force) which may have actually benefitted sled dog tourism (the old “yeah there are a few bad mushers out there but most of them are veritable saints.”).

    To me the highlight of the task force’s recommendations to BC Government (“toughest animal protection laws”) was the diagram illustrating to dog mushers the correct (government/BC SPCA sanctioned) way to shoot unwanted dogs.

    Media reporting about the case was generally shameful – many, many unanswered questions.

    I have written before that CBC in particular was abysmal in their coverage of this story/tragedy. It is not just my OPINION that for some reason, CBC is very protective about the Canadian sled dog industry. Many public questions have been posed by myself and at least one of my fellow sled dog advocates in Whitehorse but CBC’s lips are sealed, they are not accountable to the public. Google ‘John Agnew CBC’ and I am sure an illustrative link will pop up fairly high in the results.

    When the Whistler sled dog story broke CBC North and CBC national were heavily promoting the then upcoming Yukon Quest dog race. I would have thought they would have immediately ceased their rabid promotion of this barbaric event but they didn’t skip a beat. One of the shameful CBC Whitehorse reporters stooped to using the Whistler slaughter as a way to build up Yukon Quest mushers, who yearly gamble with the lives of their dogs for ego and greed and who themselves kill and discard multitudes of dogs in order to develop the best ‘athletes.’ The female reporter, on CBC Northbeat, asked eventual Quest winner Dallas Seavey (HIS DOGS actually won the race) about his opinion of Whistler killings and he said words to the effect of “Oh no, no Yukon Quest musher would ever do such a thing” as he mushed off into the sunset.

    To end slave dog cruelty or at least hinder it the flow of public money (tourism funding, CBC’s cheerleading for dog abusers) needs to be shut down. It is also very difficult for slave dog advocates like myself to be credible when animal protection agencies like BC SPCA and Humane Society Yukon are too cowardly/apathetic to take a stand.

    With regard to Fawcett himself I hope that someday in the future he will make himself available to a competent and unbiased journalist if any can be found in Canada. Not until then will he start to regain his dignity as a human being. He must have gained vast knowledge of the dirty secrets inherent in sled dog tourism and dog racing (as such animal exploiters that exist in the sled dog industries need people to confide in about these secrets). He needs to unburden himself of these secrets for the sake of himself and the dogs he killed in his dark career, to prevent more dogs from being cruelly exploited and killed.

    • Thank you Terry for your very insightful comment! The link that you provided is already an active link within my blog post (see paragraph five, ‘He’d been in the sled dog business for many years’). I included this link to provide some history on Robert Fawcett’s experience within the sledding industry, as well as to show that this was not Mr. Fawcett’s first encounter with the BCSPCA. I will be writing about the sled dog industry in a future blog post and welcome your continued input!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

eileenanddogs

What my dogs teach me.

kitwocky

Mama. Vegan. Writer. Activist. Lover of Life.

Fins and Fluke Blog

Marine life welfare and environmental health preservation

Protection 4 Animals - Worldwide

Protecting, Rescuing, Rehabilitation of all Animals and Conservation of Wildlife. Campaigning Against Animal Cruelty, Torture, Abuse, BloodSports and Hunting.

Sled Dog Watchdog's Blog

Independent advocate for sled dogs (slave dogs)

Booksforever1blog. BarkUpToday! Claudia Bensimoun

Dogs, Wildlife & Pet Care! Writing That Wags The Page!

Animal Connection

Dedicated to all Animals

BaggyBulldogs

All about English Bulldogs

Vancouver Animal Rights Campaigns (VARK)

Activists Uniting For The Benefit of Animals

STOP ANIMAL ABUSE

Sharing News, Views & Petitions Regards Animal Abuse. Plus Various Animal Stories From Around The World

End of the Icons

Please support our International Day of Action with your photo! #SaveLeuserEcosystem www.endoftheicons.org

Everything Worth Knowing...

...I learned from my dog!

Loki's Gift

a blog to help dogs in Canada's far north

Action For Earth

No animal should be killed

Canine Crazy

For dog addicts everywhere

Our Compass

Because compassion directs us ...

The Wildlife Portal's Blog

Wildlife snippets with Jake Willers

Paws for Hope Animal Foundation

Creating a better world for animals and their guardians

%d bloggers like this: