N.B. sisters charged after 38 horses seized

Two northern New Brunswick sisters have been charged with failure to provide adequate food, shelter and veterinary care to 38 horses.

Mike Murphy, the executive director of the New Brunswick SPCA, confirmed that charges were laid against Sandra and Beverly Tomalin on Tuesday in a Grand Falls court under the SPCA Act.

The charge comes almost two weeks afterthe horses were seized from the Tomalin farm in Tilley, a small community in northwest New Brunswick.

"We're in the animal protection business, and if need be then we'll do it again," Murphy said. "It's just one of those things that no one likes to see done. And it's always the last resort to seize the animals. But in this case it was absolutely necessary."

SPCA volunteers said the horses appeared neglected and malnourished.

If convicted, the SPCA Act states that a fine of up to$100,250 could be levied and an 18-month jail term could be given.

Sandra Tomalin, 68,said in an interview with CBC News after the horses were taken away on July 13that it was a "theft" and she wants her horses back.

It's not the first run-in with the SPCA for the Tomalins.

Both sisters were banned from ever owning or caring for dogs in Ontario after pleading guilty to one count each of failing to provide care for their dogs in 2009. The Ontario SPCA said more than 100 dogs were seized. The Tomalins claim only 13 dogs were seized.

Within weeks of the incident, the sisters moved to a farm in Tilley, taking more than 30 horses with them. But just a month later, a public complaint led to two inspections and finally the seizure of the horses.

Murphy said22 of those horses are still being treated at a secret location near Fredericton.

"I can't go into too many of those details, but I can tell you the horses are in much better condition than when we received them. They're not under our care specifically, but the provincial vets are in daily and looking after the horses," he said.

The sisters are expected to be back in court on Sept. 7.