Disclaimer
This guide is not legal advice. It’s meant to help you understand the hearing process. It does not cover every situation and may not reflect the specifics of your appeal. You are responsible for understanding the rules and meeting all requirements. For legal guidance, consider speaking with a lawyer.
How the hearing works
An animal custody appeal hearing is your chance to explain why you think the BC SPCA decision (about returning animals or charging costs) should change. The hearing will only deal with the issues listed in your Notice of Appeal process letter.
The hearing follows a structured format, but it is less formal than a court trial. A panel from the B.C. Farm Industry Review Board (BCFIRB) will listen you and the BC SPCA, look at the evidence, and make a decision using three legal questions, based on the Prevention of Cruelty to Animals Act.
The panel will not give a decision at the hearing. They will review the case in private and prepare a written decision.
When and where the hearing takes place
Hearings are usually held by telephone, unless BCFIRB staff have indicated otherwise. They are scheduled for a full day, from 8:30 a.m. to 4:30 p.m.
Check your Notice of Appeal Process Letter for the hearing date and dial-in number.
Typical hearing schedule
- 8:30 am: Hearing begins
- 9 am – 12 pm: You present your case
- 12:30 pm – 3:30 pm: BC SPCA presents their case
- 3:40 pm – 4:30 pm: Closing arguments and final reply
- 4:30 pm: Hearing ends
Who can participate
- Appellant (you)
- Respondent (BC SPCA)
- Witnesses or expert witnesses (for either side)
- BCFIRB panel (1 to 3 members who will make the decision)
- BCFIRB staff (Case managers and technical support)
Dial in early
You should leave enough time to address any unexpected technical issues.
Public access and recording
Hearings are not open to the public.
Only BCFIRB may record a hearing. You may not record or photograph it. If the hearing is recorded, you can request a transcript at your own expense by arranging it with BCFIRB staff.
Hearing conduct
The hearing needs to be safe and respectful for everyone.
No disruptive or aggressive behavior
If someone is disrespectful or disruptive, the panel may mute them, give a warning, or remove them. In serious cases, the hearing may stop.
Treat all participants with respect
This includes the panel, the BC SPCA, witnesses, and BCFIRB staff. Everyone has the right to be heard without being interrupted or mistreated.
Stay calm, even if you disagree
You may hear things you disagree with. That’s a normal part of the hearing process. You’ll get a chance to respond when questioning witnesses or during your closing remarks.
Stick to the facts
Focus on what the panel needs to decide. Avoid emotional or personal attacks. They are unlikely to help your case and could lead to a warning or procedural order.
Need a moment? Just ask.
The panel’s role is to make sure both sides are heard fairly. If something is unclear or you feel overwhelmed, you can:
- Ask the panel to explain something again
- Request a short break
What happens during the hearing
Learn about each step in the hearing, including:
Step 1. Introductions
At the start of the hearing, the panel chair will:
- Confirm who is present
- Explain how the hearing will run
- Set expectations for how and when each party can speak
- Address any preliminary issues or questions before the hearing proceeds
You don’t need to sound like a lawyer to do well at your hearing
The panel wants to hear your side in your own words. To help them understand you better, focus on the legal questions and present your evidence in an organized way.
Step 2. Present your case
You will present your case first.
This is your chance to walk the panel through each document, photo or piece of testimony you’re using to support your case.
During this time, you will:
- Explain the decision you’re appealing (animal custody, care costs, or both)
- Tell the panel what outcome you’re asking for
- Share your testimony
- Walk the panel through the documents and evidence you submitted
- Call and question any witnesses you want to speak on your behalf
The panel may ask you questions as you go, and the BC SPCA will have the opportunity to question you and your witnesses. This is called cross-examination.
What evidence BCFIRB can accept
BCFIRB decides what evidence to accept and how much weight to give it. Unlike a court, the panel can:
- Accept a broader range of evidence
- Decide what’s relevant, even if it wouldn’t be accepted in court
- Decide how important each piece of evidence is
How to present evidence
For each item, explain:
- What it is (example: veterinarian report, photo of housing, timeline of events)
- When it was created or received
- Why it matters to the legal questions (such as the condition of the animals, your current care plan, or cost disputes)
- Who can verify or explain it further, if needed
Stay factual. Do not tell the panel what the evidence “proves”. That happens during your closing argument.
Good examples
- Documents
“These are my veterinarian’s records from March 4 to March 10. They show the animals were under medical treatment at the time of seizure.” - Photograph
“This photo shows their shelter on the day of seizure. I took the picture on March 18, right after the BC SPCA left. It shows clean straw bedding, dry floors, and water containers. I’m including this to help the panel understand the environment they were kept in.” - Video
“I recorded the video March2_DogCondition.mp4 two days before the seizure. From 0:23 to 0:56, it shows both animals walking normally, eating from clean containers, and showing no signs of injury. I’m including it to show their condition just before the BC SPCA visit.” - Testimony
“On the morning of March 1, I spent about 20 minutes with the goats after I added dry straw bedding and filled their water buckets. All six came to me right away, walked normally, and seemed calm and alert. None showed signs of injury or distress.”
Poor example
“This video proves that I’ve looked after animals for years and know what I’m doing. I wouldn’t let anything bad happen and it’s obvious the seizure wasn’t necessary. The panel should dismiss the BC SPCA’s claims right away, because it’s clear they misunderstood the situation.”
This isn’t effective because it:
- Doesn’t explain what the video shows, when it was recorded, or how it relates to the legal questions
- Argues that the BC SPCA made a mistake (arguments belong in closing)
- Tells the panel what to think (“proves”, “should dismiss”) instead of letting them draw conclusions based on the evidence
- Relies on general statements and opinion
How to question witnesses
You can call witnesses to explain facts that support your case. Your goal is to clearly present the facts through their testimony.
You will question your witness first. Then the BC SPCA can ask them questions, followed by the panel.
Your goal is to clearly present the facts through your witnesses’ testimony:
- Start by briefly introducing who they are and why their testimony matters
- Ask open-ended questions that allow your witness to fully describe events
- Avoid yes/no questions, except to confirm simple facts
- Avoid leading questions that imply the answer
Good examples
- “Can you state your name and explain your role in helping me care for the animals?”
- “Were you present when the BC SPCA visited my property on March 2?”
- “What did you observe about the shelter condition that day?”
- “What care had you seen me provide for them in the weeks before that?”
Poor example
- “Were the animals already recovering by then?” (leading question)
Let your witness tell their story in their own words
The panel wants to hear what your witness experienced, not what you want them to say.
A witness should talk about what they saw, heard, or did. Their testimony should not be based on opinions, assumptions, or what they’ve heard from others.
Step 3: BC SPCA presents their case
After you have finished presenting your case, the BC SPCA will have a chance to present theirs. They have up to three hours to present their evidence, call witnesses, and explain their position to the panel.
The BC SPCA may:
- Share their version of events
- Present documents, photos, or other evidence
- Call witnesses, such as officers or veterinarians, to provide testimony
Their witnesses may speak about the condition of the animals, care concerns, or other issues related to the seizure or costs.
The panel may ask questions at any time to better understand the evidence.
Take notes during their testimony
You can request a break to prepare questions if needed.
Learn about preparing questions for the other party’s witnesses
Cross-examining the BC SPCA’s witnesses
After each BC SPCA witness speaks, you can ask them questions.
The purpose of cross-examination is not to argue. It is your opportunity to:
- Clarify important details
- Ask about inconsistencies
- Highlight facts that support your side
- Test how reliable their testimony is
Ask questions that focus on what the witness personally saw or did. Avoid giving your opinion or telling the panel what to believe. Keep your questions clear, concise, and focused:
- “Earlier, you said the animals didn’t have clean water when you arrived. Can you describe how you determined the water wasn’t clean?”
Step 4. Make your closing argument
Your closing argument is your final opportunity to explain why the BC SPCA’s decision should be changed.
You will speak first, followed by the BC SPCA. If they bring up something new, the panel might let you reply.
Your closing argument should focus on:
- What the evidence shows
Briefly remind the panel of the strongest evidence that supports your case and directly answers the legal questions the panel must decide. Do not reintroduce all details, just focus on the most persuasive facts. - Why the original decision should be changed
Help the panel connect the dots. Don’t just list the evidence, explain what it proves and why it matters:- If you believe the BC SPCA overstated or was mistaken about concerns or costs, respectfully explain why based on evidence
- If there were care issues, take responsibility and explain how you’ve addressed them
- If you’ve made improvements, describe them briefly and show they are lasting
- What outcome you are asking for
Explicitly state the decision you want BCFIRB to make (for example: return the animals to you, or reduce some or all of the BC SPCA’s care costs)
Focus on credible statements
Use concise, credible examples that you’ve already submitted. These carry more weight than emotional statements or general claims.
You cannot introduce new evidence or witnesses.
Example of a closing argument
“Thank you for the opportunity to present my case. The BC SPCA claimed my animals were in distress due to health and shelter issues. But the evidence shows that, while some care improvements were needed, the legal threshold for distress wasn’t met, and I’ve since addressed all concerns.
The BC SPCA based its decision on a single visit and did not submit a veterinary opinion. In contrast, I provided:
- Veterinary records showing active treatment, including medications and scheduled follow-ups
- Photos from the day of the visit showing clean shelter, food, and water
- Two witnesses who regularly visited the property testified that I provided daily care
Taken together, this evidence does not support a finding that the animals were in distress.
I understand I must show that the animals will also be safe if returned. Before the seizure, the shelter had gaps and wasn’t properly insulated, and I lacked a system for tracking care. Since then, I’ve made lasting improvements, as proven in my evidence. I’ve installed insulated flooring and better ventilation, worked with a livestock care consultant and followed all their recommendations, and keep detailed daily logs for feeding, medication, and shelter use. These are not quick fixes. I have taken responsibility, learned from what happened, and I’ve shown I can meet or exceed proper care standards going forward.
Finally, I’ve shown that some of the BC SPCA’s care cost claims are not clearly supported or reasonable. Quotes from two local care providers show similar care could cost $25 less per animal, per day, and proved that BC SPCA’s records showed charges listed after some animals were rehomed.
I respectfully ask the panel to:
- Find that the animals were not in distress at the time of seizure and that returning them would not put them at risk
- Order the BC SPCA to return all seized animals, and
- Reduce the amount owed by $1,304 so the care costs are only necessary, well-documented expenses
If you need help
If you have questions, contact BCFIRB. BCFIRB staff are here to support you throughout the process.