Ontario Court Rules Mally's Charter Rights Were Violated
The Justice for the Ontario Court of Justice ruled in favour of an 11b Charter Breach and all charges were judicially stayed (dismissed by the court against Mally's Third Chance Raccoon Rescue and defendants). The case had dragged out in the courts for almost two years. Of the original 26 charges, 11 were dropped with the remaining being dismissed. All charges were administrative none were about animal abuse.
Mally's had also made a motion on quashing the warrant. Serious questions about the warrant had come up during the trial including false evidence and lack of due diligence by MNR Enforcement (a witness with a criminal past, events that never happened and evidence that was altered).
In September 2023 Ministry of Natural Resources (MNR) Conservation Officers in military style, raided Mally’s Raccoon Rescue near Peterborough. The raid included 50 MNR staff, 15 plus vehicles, drones, dog unit and aircraft. Why a normal site inspection by the MNR was not done (MNR policy 2.3) has never been answered. The scale of this raid was designed to deliver as much drama as possible.
There is concern that this was more than a message for Mally’s but a message for other Rehabbers. The question among other Rehabbers became " Who is next?". Since the Mally's raid Ontario has lost 8 Rescue Centers. The MNR also gutted Wildlife Rehabbers right of appeal after the raid on Mally's. Mally’s was the largest rescue centres for Raccoons in the province. Mally's took in injured and orphaned raccoons, rehabilitate them and release them back into the wild. All 87 raccoons seized in the raid were later killed by the MNR. Now that the 2 year court case is over, Mally’s can finally decide what they will do in the future.
Media Contacts: Derek Zavitsky General Manager Mally’s ( Founder)
905 259-6329 email: Derek@dandd.ca
Tara Woodfull Board Chair Mally’s
Cell 905 999-2352
email : Tara.Woodfull@proton.me
Media Contact
Sandy Donald
416-436-9892
sandy@ontariowildliferescue.ca
