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Yukon kennel owner ignores court order to surrender dogs

Shelley Cuthbert said she didn't hand over her dogs, days after a deadline to forfeit the animals.

'I did not hand over dogs,' Shelley Cuthbert told CBC, days after a deadline to forfeit animals

Shelley Cuthbert's dog kennel in Tagish, Yukon, is under a court order to shut down. Cuthbert is required to forfeit several dogs each month to territorial authorities, but she says she's not doing that. (Paul Tukker/CBC)

Shelley Cuthbert, whose dog kennel in Tagish, Yukon, has been at the centre of a long legal battle, admits that she's defying a court order to shut down her facility.

Cuthbertwas ordered last yearto forfeit all but two of her dogs, after her neighbours sued. Theyargued the facility, which had more than 50 dogs, was a major disturbance.

Cuthbertwas later granted more time to surrender the dogs to territorial authorities. She was toldto turn over 10 dogs on the 15th of each month, until she was left with two.

But almost a week after the last deadline April 15 Cuthbertsaid she's ignoring the order.

"I did not hand over dogs," she wrote in a Facebook message to a CBC reporter. "Sorry but I cannot do that to dogs that are healthy, happy and have been assessed by trainers, vets, and myself."

Cuthbertdid not turnover any animals on March 15, either. In February, she told CBCshe had euthanized 10 animalsto comply with the court order, but an affidavit she filed later told otherwise. The affidavit said Cuthberthas instead given six of those dogs back to their previous owners.

'I will not euthanize healthy dogs'

Cuthbert maintains that many of her dogs have behavioural problems and could not be successfully adopted out.

'I continue to wait for the ground to thaw to hopefully temporarily relocate until the final decision is made by the appeal court,' said Cuthbert. (Paul Tukker/CBC)

"They are healthy and I will not euthanize healthy dogs that do not meet the criteria to be safely adopted to the general public. I will continue to work on adoptions for people that have the expertise to continue to manage the specific dogs and meet their needs," she told CBC.

Graham Lang, the lawyer who represents Cuthbert'sneighbours, could not say whether he'll try to enforce the court order. He said he would speak to his clients first.

Meanwhile, Cuthbertisappealing the original court decision against her. The appeal is set to be heard next month.

"I continue to wait for the ground to thaw to hopefully temporarily relocate until the final decision is made by the appeal court," she told CBC.

Clarifications

  • An earlier version of this story said Cuthbert was ordered last year to forfeit dogs to territorial authorities. In fact, that original order only specified that she keep no more than two dogs on her property. A judge ordered in January that the animals were to be forfeited to territorial authorities.
    Jun 06, 2018 4:50 PM CT

With files from Alexandra Byers