The owner of a herd of horses seized by the P.E.I. government has begun a legal battle to get them back.

The herd of 41 horses was seized in November and December from the Byrnes Road near Morell under the province's animal health and protection act. Documents filed in P.E.I. Supreme Court by owner Tawni Frank and her husband, George Smith, challenge the province and its legislation on constitutional grounds.

In paperwork prepared by the province and provided to the owner, some of the animals were described as thin, with what officials reported as "a very low body condition score." One of the animals was euthanized after being taken to the Atlantic Veterinary College.

Frank and Smith say the seizure was unconstitutional under the Canadian Charter of Rights and Freedoms, because the Animal Health and Protection Act gives government officials unreasonable powers of search and seizure. The request for judicial review suggests agriculture officials erred in how they carried out the action, in particular, by failing to provide photographs, medical reports, or to allow inspection by an independent veterinarian.

The couple wants a court order to stop the province from euthanizing or selling the horses, and they want the animals back. The couple's lawyer has notified Ottawa of the constitutional challenge.

The province has filed notice that it intends to respond to the request for judicial review.

No court date has been set and none of the parties wanted to do a taped interview.

The province said its investigation continues under the Animal Health and Protection Act and it still has possession of the horses.

Agriculture officials aren't saying where the animals are.