Animals seized from Utterson farm

2007-09-26

Jacqueline Lawrence, Bracebridge Examiner

The Ministry of Natural Resources (MNR) has seized a number of animals from an Utterson farm known for giving public tours which include lions, tigers and other exotic wildlife.

MNR staff has confirmed that a search warrant was executed Sept. 20 on Guha’s Tigers and Lions farm on Muskoka Road 4, just north of Bracebridge. Paul Van Schyndel, MNR enforcement officer, said a number of native animals were removed from the farm. The animals, including two lynx, two foxes, two wild turkeys and two wolves, were taken to an undisclosed location.

While Van Schyndel would not comment on why the search and seizure took place, he did say Guha’s did not have ministry authorization to possess the animals.

Anyone in possession of wildlife native to Ontario must have authorization from the province. Such authorization must be renewed on an annual basis, and is conditional upon ministry inspections ensuring the animals’ welfare.

The investigation into Guha’s animal farm is ongoing, Van Schyndel said. Nanda Guha, the owner of the farm, is slated to appear in Huntsville court Oct. 5.

Port Carling residents Stacy Young and Dan Bornstein recently visited the farm and came away with concerns about how the remaining animals are being cared for. Guha still has dozens of other animals, such as lions, tigers and jaguars, which the ministry has no authority to remove.

“We’re supposed to be the home of sophisticated cottagers,” said Borstein, “and we’re sheltering torture.”

Nanda Guha disputes Young’s and Borstein’s claims that his animals are not properly cared for. The public, he said, often judges animal caretakers without understanding the difficulties they face.

“How much do they know about these animals?” Guha asked. “Everyone can make an opinion, but does that make it right?”

Guha went on to allege racial discrimination on the part of the MNR. “They’re taking (animals) away from me because I’m black,” he said.

Van Schyndel vehemently denied the allegation. “That’s absolutely, totally false,” Van Schyndel said. Guha, he said, did not obtain MNR authorization to keep the wildlife, and refused to allow ministry staff to inspect his farm. The MNR’s only option was to remove the animals, he said.

The court case is prompting a renewed push by some for tighter controls on the possession of exotic animals in Muskoka Lakes township.

Muskoka Wildlife Centre co-director Jody Gienow points out that lions and tigers do not fall under the ministry’s jurisdiction, as no provincial legislation exists governing the possession of exotic wildlife.

“It’s totally illogical,” Gienow said. “Who is there to look out for these other critters?”

Unlike Bracebridge, Gravenhurst and Huntsville, Muskoka Lakes has no bylaw regulating exotic animals. Without such a bylaw, anyone in the township may own or operate a “backyard zoo,” with large and potentially dangerous animals, Gienow said.

Even the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) can do little to regulate such operations. The organization can only investigate complaints of cruelty, she said.

This kind of regulatory gap means Muskoka Lakes residents have carte blanche to own any animal they please, and house it in whatever fashion they desire. Because no bylaw is in place, no regulations exist outlining what size of cages or fencing should be used for exotic animals like lions, Gienow noted.

Stacy Young said she approached Muskoka Lakes mayor Susan Pryke to discuss the issue, but was put off by her response.

“She said she was more concerned with passing a tree-cutting bylaw,” Young remarked.

When contacted, Pryke said Young’s and Borstein’s criticism “is warranted.” Pryke said the township has made a tree-cutting bylaw a priority, but acknowledged that an exotic animal bylaw is needed.

“We can’t get it all done in one year, but we will do better,” said Pryke.

The mayor said she intends to add an exotic animal bylaw to the municipality’s agenda for 2008.