Abandoned and neglected animals is an issue that has been plaguing Little Pine First Nation for some time and, with both the Saskatchewan SPCA and the RCMP saying their hands are tied, there doesn't seem to be a solution in sight.
Recently, a Little Pine resident, who asked not to be named for fear of retribution, contacted the Regional-Optimist about a number of neglected horses.
"Seems like nobody's looking after these horses," the resident said. "They're roaming around the houses."
The resident said the horses appear to be starving to death, adding a family member, who owns horses, took pity on a starving colt.
A sleigh was needed to move the horse, as it was in such poor condition, it couldn't walk.
"It couldn't even eat or drink anything at first," said the resident, adding the relative "is doing everything she can."
Unfortunately, the resident called the Regional-Optimist a day later to say, despite their best efforts, the colt died.
The resident said they contacted the band councillors, as well as the RCMP, who said they couldn't do anything.
Sgt. John Armstrong of the Cut Knife RCMP detachment said although cruelty to animals is a criminal code offence, the RCMP usually leave it up to the SPCA to enforce through provincial regulation.
Armstrong explained the federal animal cruelty law, Bill S-203, requires ownership to be proven in cases of neglect and intent in cases of animal abuse.
When Bill S-203 was passed in 2008, updating the previous bill, which dates back to 1892, many animal protection agencies, including the SPCA, voiced displeasure.
The consensus among these groups was that increasing the maximum penalties for animal cruelty to five years in jail and a $10,000 fine from six months in jail and a $2,000 fine would be useless if less than one per cent of all animal abuse investigations resulted in convictions, which was the case at the time.
Provincially, the Animal Protection Act, which was updated last December, carries a maximum fine of $25,000 and a maximum prison sentence of two years.
Kaley Pugh, animal protection services manager with Saskatchewan SPCA, said the provincial act is typically easier to enforce.
"It's a lot harder to press Criminal Code charges," said Pugh.
However, things get tricky when the suspected animal neglect takes place on a reservation.
"Some of the jurisdiction areas become a little foggy," said Pugh. "It's an ongoing grey area."
Pugh said the difficulty in enforcing the animal protection act lies in their hampered ability to investigate, as they require permission of the band to come onto the reservation.
"We try to investigate to the best of our abilities," she said, "but if they tell us that they don't want us there, we have to leave."
Pugh said the Saskatchewan SPCA has received calls about the horses on Little Pine.
"We've been aware of the situation for a while," said Pugh, adding she can't discuss the specifics. She also said they have had other concerns from the area.
"It can be really frustrating on our end," said Pugh. She said the SPCA is currently engaged in discussion with First Nations leaders and is looking to set up meetings with the Federation of Saskatchewan Indian Nations to address the situation.
But in the meantime, the RCMP is the only hope for the animals currently being neglected - and there isn't much hope there either.
Armstrong explained although the Criminal Code applies the same to First Nations as it does in the rest of Canada, the RCMP aren't likely to step in.
"Generally, we don't enforce many animal laws on First Nations," he said. "We have to prove who's the owner and on First Nations, most of the animals roam free."
Armstrong said their only recourse would be to consider the First Nation itself the owner of the stray animals, which Armstrong said wouldn't be practical.
