Dawson Creek Woman to appeal ruling after BC SPCA gives her dog up for adoption

DAWSON CREEK, B.C. — A Dawson Creek woman plans to appeal a decision made by the Civil Resolution Tribunal in January regarding the return of her dog after the BC SPCA adopted it.

Dale Malkinson is working to regain custody of her dog after it went missing from her property in April 2022. The BC SPCA took custody of the dog, a Yorkshire terrier named Zeva, and adopted her to an Abbotsford resident the following month.

Tribunal member Peter Mennie dismissed Malkinson’s claims to Zeva, citing that the BC SPCA acted per the relevant laws and Malkinson lost ownership of the dog when it was adopted.

According to the tribunal, the new owner nor the BC SPCA are under any legal obligation to give Zeva back.

Since the decision on January 19th, Malkinson has received many messages of support and advice.

“I am overwhelmed by the thoughtfulness and kindness of these people,” Malkinson said.

“Everyone [has] said it is an unjust, despicable ruling.”

Malkinson started a petition on Change.org on January 29th for the BC SPCA to return Zeva to her.

On February 5th, Malkinson said a lawyer from Vancouver emailed her, saying she and several of her lawyer friends were “more than upset” with the ruling.

Malkinson spoke with the lawyer that night, who asked her to send all of the paperwork from the tribunal so they could move ahead with an appeal on the decision.

“She said that all of them were devastated by the decision and want to help me,” Malkinson said.

Malkinson lives about 30 kilometres outside Dawson Creek and says Zeva was always at her feet.

“A long distance apart would be 100 feet,” Malkinson wrote on Change.org.

The entire situation began on April 10th, 2022, when nine-year-old Zeva went missing.

“I had heard a car pull away from the end of the driveway moments before I knew she was gone,” Malkinson wrote.

“She had never paid attention to vehicles before, so I hadn’t given it any thought.”

She says she frantically called for Zeva and eventually grabbed a flashlight to continue searching for her dog in the dark.

Malkinson searched for Zeva until after midnight and was up looking again at 6 a.m.

She came to the conclusion that Zeva had been snatched by a predator

“I was heartbroken,” Malkinson said.

According to Tribunal member, Mennie, a third party found Zeva on the side of a highway and dropped her off at the BC SPCA’s South Peace branch on April 13th, 2022.

Mennie wrote in his decision that the BC SPCA then took custody of Zeva and attempted to find the owner, but her identification tattoo was faded.

Additionally, the BC SPCA misread one letter of the tattoo and could not find Malkinson.

On April 13th, 2022, the BC SPCA South Peace branch posted a picture of a dog on their Facebook, which was later confirmed to be Zeva.

Malkinson, who says she is “not tech savvy,” did not see the post, nor did her friends, even though they knew people who had shared it.

Zeva’s teeth were in poor condition, so she was transferred to the BC SPCA’s Abbotsford branch, where veterinarians were more available.

According to the report from Tribunal member Mennie, the Abbotsford branch named Zeva “Delilah” and put her up for adoption on its website.

Malkinson, still heartbroken, came across “Delilah” on the SPCA’s website and said she looked so much like her “little girl” she applied to adopt on May 1st, 2022.

She told the BC SPCA that “Delilah” looked so much like the dog she lost on April 10th. They responded that they were only considering local adoptions in Abbotsford because of the dog’s appointments for dental work.

Malkinson asked again if they would consider her, as there are veterinarians in Dawson Creek, and she would even drive down to pick her up but was again refused.

“No one ever mentioned she came from Dawson Creek,” Malkinson said.

Mennie’s report says the BC SPCA entered a “foster-to-adopt” program with an Abbotsford resident on May 6th, 2022.

Malkinson says she was told by the BC SPCA that “Delilah” would not be adopted out until she had a clean bill of health.

Zeva’s dental surgery, paid for by the BC SPCA, was completed on May 26th, 2022 and on May 27th, 2022, the Abbotsford resident formally adopted her.

Also, on May 27th, 2022, Malkinson says she went to the South Peace branch of the BC SPCA to find a dog to adopt and showed them a picture of “Delilah,” who she originally wanted.

South Peace SPCA staff told Malkinson “Delilah” had, in fact, been transferred from its branch, and when she inquired further, she was informed the date of the transfer was April 15th, 2022.

Malkinson realized it was Zeva and thought she had been stolen, but the BC SPCA said the dog was found with no collar or tags and no tattoo.

Malkinson says she had all three when Zeva went missing, but the South Peace branch was adamant she did not have a collar or tags.

She went to the vet and had them send the SPCA pages of vet bills for Zeva to prove she was her owner.

“They should have stopped the proceedings right then and found out who actually owned that dog,” Malkinson said.

She tried to return to the South Peace branch but said they had closed and locked the doors.

The tribunal report states that Malkinson sent the veterinarian records to the branch after the business closed on May 27th, 2022. 

Malkinson says she sent the records digitally and was standing outside with a paper copy before they were supposed to close.

Malkinson returned with a friend when the branch was next open, stating how much Zeva meant to her, but they reiterated that the dog did not have a collar or tags when she was turned in, the tattoo was too faded to read, and she had been adopted.

Malkinson says Zeva’s intake form had the correct information for the tattoo except for the first letter.

“They did nothing. They weren’t the least bit interested in reuniting us,” Malkinson said.

On her Change.org page, Malkinson says she and a friend witnessed the Dawson Creek SPCA lie to them about what happened with Zeva and the timeline from her getting picked up off the highway to her adoption.

Malkinson concluded her story by saying she just wants her dog back

“Return my beloved dog back to me. She is more than just an animal, she is a part of who I am. This petition seeks justice for all pet owners who have experienced similar heartbreaks,” Malkinson wrote. 

“I urge you all – fellow pet lovers and empathetic citizens alike – to sign this petition in support of reuniting pets with their rightful owners when they have been unfairly separated. Let us stand together in the name of love and justice for our furry friends.”

Energeticcity.ca reached out to the BC SPCA but has not received a response.

The petition can be found on Change.org or by scanning the QR code below: