Canada Agricultural Review Tribunal Decisions

Decision Information

Decision Content

RTA# 60130

 

 

 

 

 

 

 

 

 

AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE

MONETARY PENALTIES ACT

 

DECISION

 

 

In the matter of an application for a review of the facts of a violation pursuant to subsection 139(2) of the Health of Animals Regulations, alleged by the Respondent, and requested by the Applicant pursuant to paragraph 8(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.

 

 

 

 

Bill Toll, Applicant

 

- and -

 

Canadian Food Inspection Agency, Respondent

 

 

 

 

 

CHAIRMAN BARTON

 

 

Decision

 

Following a review of the written submissions of the parties, including the report of the Respondent, the Tribunal, by order, determines the Applicant committed the violation.

 

 

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RTA# 60130

Page 2

 

 

REASONS

 

The Applicant did not request an oral hearing.

 

The Notice of Violation dated April 15, 2004, alleges that the Applicant, on or about 8:10 hours on the 31 day of July, 2002, at Brinston, in the province of Ontario, committed a violation, namely: “did unload an animal to wit: three heifers, in a way likely to cause suffering, contrary to subsection 139(2) of the Health of Animals Regulations which states:

 

139(2). No person shall load or unload, or cause to be loaded or unloaded, an animal in a way likely to cause injury or undue suffering to it.

 

The undisputed evidence is that the Applicant used an electric prod on the faces of heifers while being unloaded at a slaughter facility.

 

The Applicant was unaware that an electric prod should not be used in this manner.

 

This, or the exercise of due diligence, does not provide a defence to the violation by reason of subsection 18(1) of the Agriculture and Agri-Food Monetary Penalties Act which states as follows:

 

18.(1) A person named in a notice of violation does not have a defence by reason that the person

 

(a) exercised due diligence to prevent the violation; or

 

(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

 

The Respondent adduced evidence set out in Tabs 2, 3 and 4 of its report to prove that such a practice could likely cause injury or undue suffering to the animals.

 

Accordingly, the Tribunal is satisfied the Respondent has shown, on a balance of probabilities, that the Applicant committed the violation and has properly been issued a warning.

 

 

 

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Dated at Ottawa this 20th day of July, 2004.

 

 

 

 

 

 

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Thomas S. Barton, Q.C., Chairman

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