'Fiercely independent horsewoman' acquitted of animal cruelty charges

A B.C. Supreme Court judge has acquitted a horsewoman based in Salmon Arm of animal cruelty charges stemming from 2013. 

Charlene Robinson, who Justice Leonard Marchand, Jr. described as "an experienced and fiercely independent horsewoman", had 20 Arabian horses and a pig in her care on her rural property at the time of the charges.

In late 2013, responding to public complaints, the SPCA concluded her animals were in distress due to inadequate care and in late December and early January 2014 seized 13 of her horses, which were deemed to be near starvation. 

Robinson was charged with willfully causing unnecessary pain, suffering or injury to animals and wilfully neglecting to provide adequate food, water and shelter and care for her horses and pig.

On Wednesday, Marchand acquitted her of those charges. 

Hard hit by financial crisis

In the ruling, the justice described Robinson as having a long history in the equine industry, having had her first horse at age 10. 

She described herself as energetic and testified that working 10 to 15 hours a day was not a hardship.- Justice Leonard Marchand, Jr.

"For many years, Ms. Robinson supported herself and her family through her work with horses. She described herself as energetic and testified that working 10 to 15 hours a day was not a hardship," the ruling stated. 

In 2007, Robinson was hit hard by the financial crisis, when the market for horses weakened. By 2013, Robinson had ceased earning money from her horse operation. 

Instead, she met her financial obligations by working at an orchard and collecting a modest widow's pension. According to the judgment, she no longer had a phone and she was in the process of taking her acreage off grid. She had stopped hiring tradespeople and handled most of the acreage's tasks herself. 

She was in these limited circumstances when a cold snap hit. 

Some horses starving

After receiving complaints about the state of affairs at Robinson's farm, the SPCA made multiple visits. 

During their first visit, they noted her water pump was not operational and one of her horses needed dental work. Some of her horses were deemed underweight and the SPCA officer advised Robinson to make some changes, such as providing clean drinking water and providing dental care.

On a follow-up visit, the water pump was still not working and the dental work had not been completed. 

Numerous follow-up visits revealed no running water, and Robinson had resorted to melting snow in troughs. Some of the horses were becoming emaciated. 

The SPCA seized five horses from her farm on Dec. 19. They removed eight more on Jan. 9, 2014 removing "the thinnest horses and those they could catch."

Judge's findings

While the judge concluded that several of Robinson's horses were in "starvation mode" and experiencing pain and suffering, he said the Crown did not prove beyond a reasonable doubt that Robinson acted wilfully in her actions that led to their starvation. 

"Rather than consciously disregard the risks faced by her animals, [Robinson] followed various recommendations and orders made by the vets and the SPCA. She tried various methods to have adequate water available to her horses. She had adequate and appropriate feed on hand," the judge wrote. 

He said while Robinson exercised poor judgment, her behaviour did not cross the line into recklessness.

"She underestimated the needs of her horses and overestimated her ability to meet their needs. She acknowledges she missed the mark in caring for her animals when the cold snap hit. She should have asked for and/or accepted help," he wrote.

According to the judgment, the horses that were seized by the SPCA recovered to normal body weight within about two months.