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CBC
26-05-2025
- CBC
Private prosecution trial of Manitoba live-horse exporter adjourned
Social Sharing A two-day trial for a Manitoba farm that exports live horses was adjourned Monday on the day after the defence successfully argued a late disclosure of documents could negatively affect their ability to properly cross-examine an expert witness and defend their client. It's believed to be the first case of the rarely-used private prosecution connected to farmed animals. A private citizen applied for a charge to be laid against Carolyle Farms, a live-horse exporter in Swan River, Man., and a judge granted the request last year. The case involves an air shipment of live horses from Winnipeg to Japan in December 2022. The plane was scheduled to stop for a crew change and refuelling in Anchorage, Alaska, but it had to find an alternate route due to a blizzard. Combined with delays in Winnipeg, it's alleged the shipment exceeded the 28-hour maximum time live horses can be transported without food, water and rest. In February 2024, a provincial court judge allowed one charge to be laid against Carolyle Farms. The charge was brought forward by Camille Labchuk, the executive director of the non-profit Animal Justice, and falls under a section of Canada's Health of Animals Regulations, which requires a contingency plan in cases where unforeseen circumstances or delays could lead to an animal's death, injury or suffering. On Monday, provincial court Judge Stacy Cawley granted Labchuk's lawyer Dan Stein's request to amend the wording of the charge from "failed to implement a contingency plan" to "failed to have a contingency plan." In asking for an adjournment on the day the trial was set to start, defence lawyer Lindsay Mulholland raised concerns about the late disclosure of some documents last week and Sunday evening. In particular, the discussion centred around the prosecution's notes that include details about the advocacy of their animal welfare expert witness, Renee Bergeron, such as petitions she has signed in favour of changing legislation surrounding the export of live horses. Mulholland argued she needed more time with the information to prepare for her cross-examination of the witness. Judge Cawley granted the adjournment, saying it came down to fairness. "I appreciate from the private prosecutor's perspective, some of the information may be easy to digest with a view to moving the matter forward," Cawley said. "However, it is a dangerous practice for the court to assume that they know and understand any strategy decisions and considerations that defence wishes to make." "The recent information concerning the proposed expert and the degree of her advocacy raises, it's obviously potentially relevant to independence and impartiality concerns that govern expert opinion evidence." The decision to adjourn the trial was disappointing to Labchuk. "We were very concerned that the CFIA [Canadian Food Inspection Agency] did not enforce laws designed to protect horses during transport," Labchuk said outside the law courts in Winnipeg. A group of animal welfare organizations — including Animal Justice, the Winnipeg Humane Society, the Canadian Horse Defence Coalition and Manitoba Animal Save — had initially filed a complaint with the Canadian Food Inspection Agency about the alleged incident, but it ended without penalty, which is what prompted the group to pursue private prosecution. New dates for the trial will be set in early June.
Winnipeg Free Press
26-05-2025
- Winnipeg Free Press
Judge adjourns landmark private prosecution animal-rights case until later date
What was supposed to be the start of landmark court proceedings in Winnipeg — believed to be the first time a private prosecution involving farm animals has reached trial in Canada — was quickly adjourned Monday to a later date. Animal-rights organization Animal Justice took the rare step of obtaining judicial approval to privately prosecute Swan River-area horse exporter Carolyle Farms over a Dec. 12, 2022 shipment by air of horses which it alleges violated the law. The animal-rights organization alleges the shipment of horses to Japan, where horse meat is sold raw as a culinary delicacy, unlawfully exceeded the 28-hour time limit under federal legislation that live horses are allowed to be in transport without food and water. The farm owners' defence lawyer, Lindsay Mulholland, successfully argued for an adjournment over late disclosure in front of provincial court Judge Stacy Cawley, after private prosecutor Dan Stein disclosed evidence to her last week and Sunday evening. Mulholland argued she needed more time to review the evidence in order to fully answer to the charge on behalf of her client. Among the evidence she said she received late was the extent one of the private prosecution's proposed expert witnesses had advocated against the horse-shipment industry, including by signing a petition seeking legislative change. Stein opposed the motion, arguing the defence had most of the evidence that was to be called, with only minor information sent late, while questions of the qualifications of expert witnesses had been raised at pre-trial. 'In my view, fairness dictates that I must grant the adjournment request in order to make full answer in defence,' said Cawley. Animal Justice alleges the farm failed to have a contingency plan in place to respond to unforeseen delays that could result in the suffering of an animal. Farm owner Lyle Lumax previously argued the shipment followed best practices, with input on the ground from Canadian Food Inspection Agency officials, Japanese officials and the plane company. Private prosecutions, which are rarely heard in the Canadian justice system, involve an individual — rather than authorities such as police or the Crown — with evidence of reasonable and probable grounds asking the court to authorize a charge against a person they believe committed a crime. The charge was approved to proceed to trial by a provincial court judge last year. Further trial dates are to be set early next month. Erik PinderaReporter Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik. Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
