A high-profile animal welfare case involving a Manitoba-based live horse exporter has had its day in court delayed after the farm’s defence lawyer requested more time to review expert witness submissions.
The case had been scheduled on provincial court docket for Winnipeg May 26-27.
Carolyle Farms is facing a rare private prosecution for allegedly violating federal animal transport laws.
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The case revolves around the shipment of horses for the slaughter market in Japan.
The charge, laid by Animal Justice executive director Camille Labchuk, alleges that in 2022, the company failed to have a contingency plan in place when shipment of their horses exceeded the 28-hour legal limit for food, water and rest.
That air shipment was diverted from its planned rest stop in Alaska due to weather, eventually landing in Seattle after the 28-hour allowable window had elapsed, the animal rights group says.
The group initially levied a complaint with the Canadian Food Inspection Agency (CFIA). When federal regulators declined to take enforcement action, the group pursued prosecution on their own.
A private prosecution is a rarely used legal avenue that allows individuals to lay charges when authorities do not.
The group had initially floated three charges, two of which were dismissed after a pre-inquiry hearing last year. A charge of exceeding the time limit was rejected since the Canadian Food Inspection Agency had been consulted during the decision to let the shipment continue. A charge of causing distress to animals was not authorized by the Manitoba judge at the pre-inquiry hearing due to jurisdictional issues.
The remaining charge was allowed to go ahead under the Health of Animals Regulations.
The case is believed to be the first time in Canadian history that a private prosecution involving farmed animals has reached the trial stage, Animal Justice said in a May 26 release.
“We were prepared and eager to proceed today and opposed the defence request to postpone the trial,” Labchuk said in a statement. “We are now working to schedule a new trial date as soon as possible.”
Labchuk is represented by lawyer Dan Stein and Animal Justice staff lawyer Alexandra Pester.
Carolyle Farms is being represented by Lindsay Mullholland of the law firm Smith Neufeld Jodoin LLP.
Mullholland, who could not be reached for comment, asked the court for more time to review materials from four Crown witnesses — three from the CFIA and one animal welfare expert.
The CFIA witnesses include Dr. Erika Speck, a veterinarian who inspected the shipment before departure; Dr. Max Popp, a veterinarian stationed at the airport, and Eryn Butterfield, the CFIA’s regional director of operations. Also scheduled to testify is Renée Bergeron, a retired University of Guelph professor and animal welfare expert.
No new court date has been set.
