Montreal pet store owner, Giovanni Iacovella, charged with animal cruelty after more than 540 birds seized

CANADA -- The owner of a Montreal pet store and breeding facility has been charged with animal cruelty and neglect under the criminal code following the seizure of more than 540 birds by the Montreal SPCA in July.

If found guilty, Giovanni Iacovella, owner of Centre d’animaux Ani-Mart Inc. in Villeray, could face up to $10,000 in fines and 18 months in jail for causing unnecessary pain, suffering or injury to his animals, according to the SPCA.

Iacovella also faces fines of up to $5,000 and six months imprisonment for failing to provide the birds with adequate care.

Alanna Devine, director of Animal Advocacy at the Montreal SPCA, said this was one of the worst cases of neglect the SPCA had come across involving birds.

“We have had other exotic bird cases, but this is certainly the largest that we have seen in one area,” Devine said.

“There were so many sick and injured birds,” she added. “Certainly, this case is of grave concern due to the sheer numbers.

“We are certainly pleased charges were laid,” said Devine. “Unfortunately, these animals are not protected under the provincial animal welfare legislation and we can only act, not preventatively, but after harm occurred.”

Since their seizure in July, the exotic birds — including parrots and finches —  have been under the care of the Montreal SPCA. About a third of the birds were placed in foster homes, but the Montreal SPCA is covering the cost for their care.

The Montreal SPCA has already spent more than $50,000 to care for the birds and Devine said it could possibly be on the hook for those expenses for another year or two.

“Unfortunately, however, unlike the provincial law, the Criminal Code does not provide any means to ensure that the costs of caring for seized animals is borne by their owner, nor does it provide any means to determine what will happen to the birds pre-trial,” said Devine

Devine said it makes a compelling case for having all animals kept in captivity, including exotic animals, covered by provincial animal welfare legislation in Quebec.

“The number 1 recommendation from animal welfare protection organizations is to include all animals, just like every other province. So there’s no reason why exotic animals or wildlife in captivity should have any less protection.

“Because exotic animals currently fall outside the ambit of Quebec’s provincial animal welfare legislation, in cases such as this one, involving exotic birds, we are forced to proceed under the Criminal Code,” she said.

(Montreal Gazette - Nov 17, 2015)