Factory Farming & Animal Transport
Lawyers for Animal Welfare (LAW) is working to ensure that Canadian Food Inspection Agency regulations on the transport of animals are enforced.
On August 20, 2010 LAW released 'Private Prosecution of Animal Welfare Offences under the Health of Animals Act (Canada)' - an in depth guide on how to commence a private prosecution under the Health of Animals Act.
The report details how in Canada, common law, and in some instances statute, permit a private individual to privately prosecute those who commit criminal or legislative offenses. Such action permits the citizen to take action where the applicable government agency is negligent in its duty to enforce the law. The private individual acts as both investigator and prosecutor bringing the matter before the courts.
The need for independent action to enforce animal welfare laws in animal transportation has recently been highlighted by the World Society for the Prevention of Cruelty to Animals (Canada).
In 2010 WSPA released a report entitled ‘Curb the Cruelty’. The report was based on CFIA reports used to assess compliance with the Health of Animals Act gathered using the powers under the Access to Information Act.
The report found that:
1. An unacceptable numbers of animals, particularly chickens, die during transport;
2. Animals are transported in overcrowded conditions;
3. Severely injured, crippled and sick animals are transported in contravention of the Health of Animals Act Regulations;
4. Severely compromised animals are transported and left to suffer for prolonged periods in contravention of Health of Animals Act Regulations;
5. A shortage of specially-trained animal welfare inspectors, particularly veterinarians, puts animal health and welfare at risk;
6. CFIA’s reporting and enforcement are often weak and inconsistent;
7. Animals suffer as a result of poor driver training.
What is notable is that according to the report, not only does the legislative regime fail to ensure that food animals do not endure undue pain and suffering during transport but that the CFIA fails to enforce even the modest regulations currently in place.
LAW is working to educate key stakeholders on what actions can be taken to ensure that applicable laws are appropriately enforced.