Brooks Animal Law Digest

On May 5th, Senator Peter Harder gave a twelve-minute speech in support of Bill S-241,  known as the Jane Goodall Act, during second reading debates about the proposed law Senator Harder focused on the experiences of both wild and captive bears in Canada, as well as bears used in entertainment. He supported provisions of the proposed bill that would protect both bears and big cats from confinement and captive breeding. He highlighted  provisions in the bill that would give limited legal standing for advocates to make submissions in court during criminal proceedings for violations of the proposed new law. Senator Harder emphasized Reconciliation and announced that the proposed Jane Goodall Act is also supported by Coastal First Nations of British Columbia, an alliance of nine distinct West Coast First Nations, who protect the Spirit Bears Habitat in the Great Bear Rainforest. Watch Senator Harder’s speech here.

Following the pre-trial proceedings in the case of the so-called Excelsior Four, prosecutors have stayed criminal charges of mischief and break and enter against Geoff Regier, one of the four accused. Mr. Regier had brought an application arguing an abuse of process on the part of law enforcement after he came forward as a whistleblower with evidence of animal cruelty and was himself turned over to police. In July 2019, Regier provided footage obtained inside Excelsior Hog Farms to the British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) in hopes that they would investigate Excelsior hog farm. The BC SPCA turned the footage over to local police, who investigated and charged Regier for the manner in which the footage was obtained. Excelsior was not charged in relation to the pig suffering caught on camera. Regier alleged that sharing his identity with police seemed to contradict the BC SPCA’s practices, as their website suggests that reporting animal cruelty is confidential. Although the judge rejected Regier’s application, prosecutors nonetheless chose to stay the charges against him shortly after. The three remaining accused, Amy Soranno, Roy Sassano, and Nick Schafer, are set to begin a four-week criminal trial on June 27th, 2022. Read the Excelsior4 media release here.

Justice Marco LaBrie has released a written copy of his April 14th, 2022 ruling convicting eleven individuals of criminal break and enter and obstructing police. The convictions followed a December 2019 occupation of the Porgreg pig farm in Saint-Hyacinthe, Quebec, near Montreal. The court described the images obtained of pigs as “Impactful, poignant, troubling, and disturbing”, depicting “crowded pigs in their cages; dirty floors in some of the pigs’ cages, partially covered with feces; pigs covered in dirt; several threads of cobwebs pending from the ceiling or from some devices; large numbers of flies inside the piggery; dust-covered devices, etc.”. The sixty-five page decision also discusses two reports from a provincial inspector conducted contemporaneously with the occupation, finding that the farm failed to comply with applicable animal welfare standards—contrary to assertions made by the farm owner that Porgreg was in compliance with provincial standards. LaBrie J. rejected multiple claims by the farm owner that the occupiers damaged farm property, yet still found that their mere presence inside the pigsty constituted an offence. LaBrie J. refused to apply a defence offered under s. 430(7) of the Criminal Code, which is that the actions of the accused were solely to obtain or communicate information. Ultimately, the eleven occupiers were found guilty of (i) obstructing a peace officer in the execution of their duties and (ii) break and enter. The decision is available here: Queen v McQueen et al, 2022 QCCQ, File No. 750-01-057154-20.

Manitoba cow farmers have reported severe difficulties with this Spring’s birthing season due to stormy and cold weather. Reports estimate that approximately 400,000 calves are born every year in Manitoba. This year, because of snowfall, mud, and rain, calves that are born too far away from shelter are at risk of dying, resulting in double or triple calf mortality rates from previous years. Animal Justice has responded to the mass deaths by writing to Manitoba’s Chief Veterinary Officer to demand an investigation for potential violations of Manitoba’s provincial Animal Care Act. Animal Justice highlights that both the provincial Animal Care Act and the National Farm Animal Care Council Code of Practice both seek to protect calves from extreme weather conditions. Animal Justice is calling for individuals who fell below the standards of care to be held accountable, so that in the future, calves in Manitoba will be adequately protected from preventable weather-related deaths. Read an explanatory news article here and Animal Justice’s blog post here.

The British Columbia Ministry of Environment and Climate Change Strategy is considering restrictions on second-generation anticoagulant rodenticides (SGARs). The rodenticides have been criticized for: (i) poisoning rodent animals; (ii) poisoning non-target animals who accidentally ingest the poison; and (iii) causing secondary poisoning when a non-target animal ingests an already poisoned rodent animal. The province released an “Intentions Paper” as justification for the review of the Integrated Pest Management Regulation, including a scientific review, regulatory gap analysis, and a survey of how SGARs are regulated in other jurisdictions. The proposed changes to the Regulation include prohibiting the use of SGARs by individuals, as well as most commercial and industrial operations. The public consultation period is currently open and closes June 19th, 2022. Participate in the consultation here.

On May 5th, Senator Peter Harder gave a twelve-minute speech in support of Bill S-241,  known as the Jane Goodall Act, during second reading debates about the proposed law Senator Harder focused on the experiences of both wild and captive bears in Canada, as well as bears used in entertainment. He supported provisions of the proposed bill that would protect both bears and big cats from confinement and captive breeding. He highlighted  provisions in the bill that would give limited legal standing for advocates to make submissions in court during criminal proceedings for violations of the proposed new law. Senator Harder emphasized Reconciliation and announced that the proposed Jane Goodall Act is also supported by Coastal First Nations of British Columbia, an alliance of nine distinct West Coast First Nations, who protect the Spirit Bears Habitat in the Great Bear Rainforest. Watch Senator Harder’s speech here.

Following the pre-trial proceedings in the case of the so-called Excelsior Four, prosecutors have stayed criminal charges of mischief and break and enter against Geoff Regier, one of the four accused. Mr. Regier had brought an application arguing an abuse of process on the part of law enforcement after he came forward as a whistleblower with evidence of animal cruelty and was himself turned over to police. In July 2019, Regier provided footage obtained inside Excelsior Hog Farms to the British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) in hopes that they would investigate Excelsior hog farm. The BC SPCA turned the footage over to local police, who investigated and charged Regier for the manner in which the footage was obtained. Excelsior was not charged in relation to the pig suffering caught on camera. Regier alleged that sharing his identity with police seemed to contradict the BC SPCA’s practices, as their website suggests that reporting animal cruelty is confidential. Although the judge rejected Regier’s application, prosecutors nonetheless chose to stay the charges against him shortly after. The three remaining accused, Amy Soranno, Roy Sassano, and Nick Schafer, are set to begin a four-week criminal trial on June 27th, 2022. Read the Excelsior4 media release here.

Justice Marco LaBrie has released a written copy of his April 14th, 2022 ruling convicting eleven individuals of criminal break and enter and obstructing police. The convictions followed a December 2019 occupation of the Porgreg pig farm in Saint-Hyacinthe, Quebec, near Montreal. The court described the images obtained of pigs as “Impactful, poignant, troubling, and disturbing”, depicting “crowded pigs in their cages; dirty floors in some of the pigs’ cages, partially covered with feces; pigs covered in dirt; several threads of cobwebs pending from the ceiling or from some devices; large numbers of flies inside the piggery; dust-covered devices, etc.”. The sixty-five page decision also discusses two reports from a provincial inspector conducted contemporaneously with the occupation, finding that the farm failed to comply with applicable animal welfare standards—contrary to assertions made by the farm owner that Porgreg was in compliance with provincial standards. LaBrie J. rejected multiple claims by the farm owner that the occupiers damaged farm property, yet still found that their mere presence inside the pigsty constituted an offence. LaBrie J. refused to apply a defence offered under s. 430(7) of the Criminal Code, which is that the actions of the accused were solely to obtain or communicate information. Ultimately, the eleven occupiers were found guilty of (i) obstructing a peace officer in the execution of their duties and (ii) break and enter. The decision is available here: Queen v McQueen et al, 2022 QCCQ, File No. 750-01-057154-20.

York Regional Police have charged forty-four year-old Royal Canadian Mounted Police (RCMP) Constable Israel Yahsif Mane Monter of theRCMP’s Toronto North Transnational Organized Crime unit with animal cruelty and human trafficking, following a complaint Mane Monter allegedly arranged for an individual to travel to Ontario from Mexico to work for them. The victim alleged that after arriving in Ontario, Mane Monter made them look after animals under “very poor conditions” that went against their agreement. Information on the species and number of animals involved is as yet unavailable. York Regional Police believe there may be additional human victims who were brought to Canada under false pretenses. Ontario’s Provincial Animal Welfare Services attended the property to further investigate the conditions of the animals. Read more here.

Thirty-one year-old John Makaryshyn has been charged with thirty-seven counts of animal cruelty under the Criminal Code and eighty-nine charges under Alberta’s Animal Protection Act. The charges relate to causing unnecessary pain and suffering and failing to provide adequate shelter. In November 2021, firefighters responded to a house fire in Edmonton and found hundreds of dead or nearly-dead reptiles and amphibians. Edmonton Police Service stated that the animals “appeared seriously neglected and many died prior to any effects of the fire.” Approximately 674 animals were found in or around the home. These animals included bearded dragons, skinks (a kind of lizard), salamanders, frogs, snakes, and arachnids. Thirteen animals, including ten tortoises, were found alive, seized, and were taken for veterinary assistance. Peter Daly, President of the Edmonton Reptile and Amphibian Society, told reporters that all the animals were legally owned and that Makaryshyn was not a hoarder, but he bred and sold reptiles. Read about the November 2021 fire here, and the May 2022 charges here.

Manitoba cow farmers have reported severe difficulties with this Spring’s birthing season due to stormy and cold weather. Reports estimate that approximately 400,000 calves are born every year in Manitoba. This year, because of snowfall, mud, and rain, calves that are born too far away from shelter are at risk of dying, resulting in double or triple calf mortality rates from previous years. Animal Justice has responded to the mass deaths by writing to Manitoba’s Chief Veterinary Officer to demand an investigation for potential violations of Manitoba’s provincial Animal Care Act. Animal Justice highlights that both the provincial Animal Care Act and the National Farm Animal Care Council Code of Practice both seek to protect calves from extreme weather conditions. Animal Justice is calling for individuals who fell below the standards of care to be held accountable, so that in the future, calves in Manitoba will be adequately protected from preventable weather-related deaths. Read an explanatory news article here and Animal Justice’s blog post here.

Animal Justice is asking provincial animal welfare authorities to investigate after media reports that approximately two thousand pigs died at a HyLife factory pig farm in Kola, Manitoba. HyLife admitted that the pigs were left unattended and died around April 24th after a storm knocked out power. It is speculated that the pigs died due to breathing in toxic hydrogen sulfide gas, which comes from their own waste. Without ventilation, the gas builds up quickly. The pig industry requires that farmers “ensure that alternative means of temperature regulation, ventilation, feeding, and watering of pigs are available in the event of a power failure, mechanical breakdown, or other emergency situation,” but HyLife claims the back-up generators and notification system both failed. Read the Animal Justice blog post here.