Read The Rescue of Belle and Sundance Online
Authors: Birgit Stutz
The Rescue of Belle and Sundance (23 page)
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Through his lawyer, Mackay made a statement to the court, which read, in part:
Your Honour, eighteen months ago I knew only that McBride was on the Yellowhead between Edmonton and Prince Rupert. This is now my sixth visit to McBride and area. In this time, I have had the opportunity to speak personally or by telephone with many members of the
community, whom I have found to be understanding, sympathetic, friendly and helpful. In particular, I wish to thank a local cowboy who loaned me two pack horses in my attempt to locate the horses . . . as well as the brand inspector who kept me advised to the progress of the volunteers who rescued the horses. . . . And most importantly, I wish to thank the rescuers who volunteered their time and effort to rescue these horses, which demonstrates the total unselfishness and community spirit of the citizens in the McBride area. It must have been a great feeling of contribution and success to bring these horses to safety, and, of course, it made a great Christmas story for all. If it had not been for the accident, I would gladly have participated in the rescue.
community, whom I have found to be understanding, sympathetic, friendly and helpful. In particular, I wish to thank a local cowboy who loaned me two pack horses in my attempt to locate the horses . . . as well as the brand inspector who kept me advised to the progress of the volunteers who rescued the horses. . . . And most importantly, I wish to thank the rescuers who volunteered their time and effort to rescue these horses, which demonstrates the total unselfishness and community spirit of the citizens in the McBride area. It must have been a great feeling of contribution and success to bring these horses to safety, and, of course, it made a great Christmas story for all. If it had not been for the accident, I would gladly have participated in the rescue.
With Pringle’s remarks finished, Judge Michael Gray asked him if his client had contacted the RCMP or the authorities after the two failed attempts to retrieve his horses.
Mackay spoke up. “No.”
“No, he didn’t, sir,” said Pringle.
“I see,” the judge replied.
“He tried to do it on his own,” Pringle added.
The Crown lawyer rose to point out that had the accused made
those contacts at the appropriate time, this matter would most likely not have come to court.
those contacts at the appropriate time, this matter would most likely not have come to court.
When the judge asked Mackay if he had anything to add, he replied, “No, I am fine. Thank you, sir.”
By this point, an hour had lapsed. The judge said he needed time to consider documents and photographs gathered as evidence in the case. He adjourned court until just before noon.
When court returned to session, Judge Gray looked straight at Mackay. “This was a notorious case in terms of publicity,” he said, “and it was a notorious case in terms of the actions that were not taken for the protection of those animals.”
He continued by addressing the “entirely inappropriate” comments attributed to Mackay in the press. “I understand from your apology today that you regret your behaviour in a number of aspects, but it seems to me after the investigation was commenced and after the incident received that large national publicity, you still conducted yourself in a way that was regrettable and certainly not professional.” Such behaviour, the judge stated, was unbecoming of “an officer of the court” who was potentially under investigation and facing possible charges.
Judge Gray also addressed the wider issue of horses being abandoned as a matter of practice. “That is a difficulty we have in the more remote regions of our country. In the backcountry, outfitters often take steps where they abandon horses. It is not acceptable, but it is done. . . . Where found out, it needs to be remedied.”
The judge reprimanded Mackay for not contacting the RCMP and other authorities after his two failed attempts to retrieve the horses. “You did not follow up with that, which leaves me with the impression that you had made a business decision to just leave matters as they were.”
In handing down his decision, the judge said he was taking into account Mackay’s record as a “lawyer of longstanding and good repute, and there is no criticism to be made there.” In administering punishment, the judge also considered the psychological trauma that Mackay had already endured, his age and the trauma he’d suffered from his accident. Judge Gray wondered aloud if the concussion “may have led you to conduct yourself in that regrettable fashion.”
Frank Mackay was ordered to pay a $1,000 fine, a $150 victim fine surcharge and restitution to the B.C. SPCA in the sum of $5,910.16, an amount representing the cost of vet exams during and after the rescue and the cost of transporting and temporarily boarding the horses. Mackay was also prohibited from owning any animals for two years (but only in British Columbia, the only province where
the judge had authority), given a probation order for two years and ordered to undergo counselling—“to ensure that there is a proper response to mental health issues” and to educate Mackay on the proper care and custody of animals. Had Mackay lived in British Columbia, and not Alberta, the judge said he would have insisted that Mackay complete a course offered by the B.C. SPCA.
the judge had authority), given a probation order for two years and ordered to undergo counselling—“to ensure that there is a proper response to mental health issues” and to educate Mackay on the proper care and custody of animals. Had Mackay lived in British Columbia, and not Alberta, the judge said he would have insisted that Mackay complete a course offered by the B.C. SPCA.
The judge further instructed Mackay to deliver a copy of his probation order to the nearest SPCA office in Edmonton and to the provincial SPCA office in Alberta to alert authorities there. He was also to purchase an advertisement in two issues of our local weekly newspaper to publish the statement that his lawyer had read in court. The notice, addressed to “Residents of McBride and area” and signed by Frank C. Mackay, would appear in the
Valley Sentinel
early in February 2010.
Valley Sentinel
early in February 2010.
Reaction to the news was swift and varied. Some thought the penalty should have been far more severe, others thought justice had been served, and some believed the proceedings were beside the point—that Mackay had suffered enough. At least Belle and Sundance would never return to their previous owner, and many of us took consolation in that.
However, the case of the Queen versus Frank Mackay was not to end there. Mackay appealed the judge’s ruling about probation and counselling, arguing that Judge Gray lacked the authority to impose either. Early in February of 2010, a provincial Supreme Court judge in Prince George agreed with him.
The backdrop to all this, and it may well have figured in Mackay’s thinking (and fuelled his anger at the public outcry), was a long history of kept horses starving in British Columbia. Certain outfitters simply abandon horses in the wilderness come fall (“standard business practice” was how Shawn Eccles of the SPCA put it); individual horse owners leave their horses in winter paddocks without adequate food and water (increasingly so in hard economic times); and on some First Nations reserves, where horses are often deemed common property, horses are sometimes left to fend for themselves all winter long. Such horses survive mild winters but many succumb during long or harsh winters. Even veterinarians have been caught up in charges of neglect and abuse of their own horses.
On February 20, 2009, a ceremony and luncheon were held in Prince George to honour the rescue effort, with Premier Gordon
Campbell and Deputy Premier Shirley Bond both present to hand out certificates. The premier and his deputy were in town on other business, but the local chamber of commerce and Bond’s office used the occasion to recognize “the shovel brigade.”
Campbell and Deputy Premier Shirley Bond both present to hand out certificates. The premier and his deputy were in town on other business, but the local chamber of commerce and Bond’s office used the occasion to recognize “the shovel brigade.”
At an award ceremony in Prince George (from left): Joey Rich, Deputy Premier Shirley Bond, Dave Jeck, Ray Long, Rod Whelpton, Premier Gordon Campbell, Birgit Stutz and Marc Lavigne.
Though not keen on going to the ceremony, Marc and I feared it would reflect badly on McBride and the rescue group if only
a few turned up, so we went. At first, we’d thought it would be fun to go on a trip with our fellow rescuers, as some of them we knew barely or not at all. Unfortunately, only a handful of them were able and willing to come. We didn’t talk much about the rescue; however, we did share horse stories and sledding stories and enjoyed a lot of laughter.
a few turned up, so we went. At first, we’d thought it would be fun to go on a trip with our fellow rescuers, as some of them we knew barely or not at all. Unfortunately, only a handful of them were able and willing to come. We didn’t talk much about the rescue; however, we did share horse stories and sledding stories and enjoyed a lot of laughter.
The certificate from the federal government, with the insignia of the thirteen provinces and territories as well as that of the House of Commons all ringing the document, read:
In recognition of your heroic efforts to rescue two stranded horses from certain death in the Robson Valley. Your exceptional compassion for animals and determined actions won the admiration and gratitude of the entire nation.
The provincial certificate, topped by a sun rising over a mountaintop (“British Columbia: The Best Place on Earth,” it read below the drawing), stated:
The Province of British Columbia gratefully acknowledges the selfless contribution made by [name inserted] to the December 2008 Renshaw horse rescue. Your compassionate
actions are an example of the spirit that truly makes British Columbia the Best Place on Earth.
actions are an example of the spirit that truly makes British Columbia the Best Place on Earth.
Several of those who had either dug on the mountain or played behind-the-scenes roles were there: Dave Jeck, Ray Long, Rod Whelpton, Joey Rich, Marc and me. We all received certificates with our names on them.
There was one funny moment and, of course, Ray was at the centre of it. One by one, we were called up to the stage to be congratulated and handed our certificates. Ray was summoned last. Shirley Bond introduced Ray, whom she had met in McBride on another occasion. She shook his hand, and Ray gave Shirley a big hug. When Ray turned to shake the premier’s hand, Gordon Campbell walked toward him and spread his arms, prepared for a hug. Ray, however, gave him a shove, grabbed his hand and shook it firmly, then slapped the premier in the chest.
“Oh, you northern boys are all the same,” said the premier, laughing. The room broke up. Ray later explained his action this way: “I don’t like being hugged in public.” Not by men anyway.
That spring, I received a letter from the B.C. SPCA’s Vancouver office. It read, in part, “Each May, the B.C. SPCA holds an award ceremony. . . . We honour individuals who have made an outstanding contribution to animal welfare in B.C. in the previous year. . . .
One of the major awards is an Award of Heroism, and this year the B.C. SPCA would like to present this award to the amazing people of McBride who rescued Belle and Sundance.”
One of the major awards is an Award of Heroism, and this year the B.C. SPCA would like to present this award to the amazing people of McBride who rescued Belle and Sundance.”
Accepting the British Columbia SPCA Award of Heroism on behalf of the community of McBride (from left): Mayor Mike Frazier, Birgit Stutz, Lana Jeck, Dave Jeck, Lester Blouin and Stuart MacMaster.
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