Tag Archives: CETFA

Pig Farmer Van Boekel Files Charges Against “Thirsty Pigs” Animal Activist (But Pleaded Guilty to Breaching Water Resources Act Himself)

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Katharina Rot - Pig Rescuer

Illustration courtesy of Katharina Rot

Written by:  Heather Clemenceau

Torontonians in particular are by now very familiar with the “Thirsty Pigs” court case whereby Van Boekel Farms pressed charges against Anita Krajnc. Dr. Krajnc, who is a principal activist behind the peaceful “Save“ vigils (Toronto Pig Save,Toronto Cow Save, Toronto Chicken Save), was charged under the Criminal Code with mischief under $5,000 for providing water to pigs in a truck en route to their slaughter at Fearman’s pig slaughterhouse in Burlington, Ontario.

On a hot day in June, a Van Boekel Hog Farms trailer full of pigs was stopped at an intersection.  Krajnc and other activists gave water to them in squirt bottles, an action that the court disclosure describes as: “spraying an unknown liquid into the trailer where the hogs were situated.” The concern is that, even though there seems to be no question that water was the liquid given to the pigs, the action is potentially “tampering with the food supply,” although not in the same way many farmers themselves tamper with the food supply by keeping animals in filthy confined pens during lives which are nasty, brutish, and short.

“In-transit loss” is a term used to describe pigs that die after leaving the farm but before being killed at the abattoir

Big Meat certainly does not want anyone exposing the fact that the pigs often arrive at the slaughterhouse panting and foaming at the mouth (pigs cannot sweat). One might say that the charging of Anita Krajnc has backfired since it generated phenomenal support at the courthouse,  in the media,  and via petitions that have now been signed by more than 100,000 people.  More people have been touched by the suffering of pigs and will consider a plant-based diet.  Additionally, it sent people (like me) on little internet fact-finding missions that revealed that Van Boekel’s own farm operations were hardly above reproach. Van Boekel Hogs Farms Inc. of Woodstock, Van Boekel Holdings Inc. and Eric Van Boekel were originally fined a total of $345,000 for a manure spill in the spring of 2007. Van Boekel must have felt as though he was bleeding-out himself when he was hit with an additional 25% victim surcharge that elevated the total to $431,250. He also faced a possible 30 days in jail. He was convicted of breaking three different acts – the Ontario Water Resources Act, the Environmental Protection Act and the Nutrient Management Act – and was sentenced in Woodstock. Van Boekel (who claimed he was the victim of a “witch hunt”) immediately appealed the decision and was granted a new trial, where he was found not guilty of charges under the Environmental Protection Act and Nutrient Management Act, but pled guilty to offences under the Ontario Water Resources Act.

There’s really no shortage of video evidence compiled by Toronto Pig Save showing that in summer the pigs are often desperately overheated – all farm animals can and do suffer from heat stress – signs are panting,  increased salivation, drooling or foaming, increased respiration or laboured breathing,  lethargy,  or even unconsciousness. Even when outside temperatures are not extreme, temperatures inside a trailer can rise dramatically if it is slowed by construction, stuck in traffic or otherwise forced to sit stationary, such as during unloading or at border crossings.

Consider also that:

  • The Codes of Practice for the Care and Handling of Pigs (the absolute bare minimum standard) recommends travelling in off-hours and providing protection for pigs in the trailer, including watering and misting.
  • The group Canadians For the Ethical Treatment of Farm Animals says: “To minimize risks of heat stress, farm animals should only be transported during the cooler hours of the day. Space per animal inside transport trucks should be increased by reducing stocking densities to ensure proper air flow between animals and, in the case of pigs, to allow them to lie down. Trucks should be tarped and well ventilated. Water should be provided regularly on long journeys.”
  • Canadian transport regulations, the Health of Animals Act, Part XII, Sections 143, (1)(d) and (e) state that “No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of undue exposure to the weather or inadequate ventilation.”
  • An observational study has shown that, not surprisingly, the number of in-transit pig losses was greater at higher internal trailer temperatures, in some cases being as high as 12.5% of the total number of pigs transported.

Photos below by L. Jorgensen and Twyla Francois.  The pig with the leg trapped in the trailer was eventually helped by activists at a Fearman’s Pig slaughterhouse protest.  We wonder how long the pig travelled like this and why no one exercised greater care in loading and inspecting the trailer.  The dead pigs on the grass were photographed in Texas,  delivered to that state by a Manitoba hauler who evidently did not have the proper paperwork, and so claimed he could not unseal the trailer.  The pigs were left on board in the sweltering heat for days.

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We are gradually moving to a police state that demands criminal charges for inconsequential matters. It strikes me as odd that a court can convict someone of “spraying an unknown liquid” when it is known or should be known by now that the liquid was water and that this was a prosocial act to relieve thirst and heatstroke. I’m sure that this alleged concern by Van Boekel and Fearman’s did not deter them from slaughtering this trailer of pigs (or any other load to whom water was provided in the past).

 

Call to Action – Please sign the petitions

Care2.com (This petition has surpassed 100,000 signatures!)

The Petition Site (also over 100,000 signatures!)

Change.org

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Animal Activist Do’s and Don’ts – A Code of Conduct For Protests

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Amberlea with clover for her horseWritten by:  Heather Clemenceau

Artwork by:  Heather Clemenceau

I think that many people hear the term “Code of Conduct” and think that they are automatically about to be thrown in a straitjacket of do-goodiness.  But a Code of Conduct is really just an itemization of our ethics – it sets the tone from the top down, on what our culture of protest, use of social media, etc. will be.  When the Code is understood by activists, it protects us from our own occasional tendency to want to behave roguishly, and it shows people who are watching and listening to us that we have lines that we just won’t cross,  no matter what others do.

I believe that protests should have principles that govern us.  So I’m drawing on my own experience in the Corporate world as well as the activist world in itemizing what I think are important facets of an activist Code of Conduct:

  • We stand for non-violent protection of animals.  Peaceful protest is honourable protest.
  • Keep the protest passive and try to avoid individuals who are overtly negative.  If they insist on arguing with us, stick to the facts.  Do not use inflammatory language or insults when pointing out your legal position and your right to protest
  • What are my rights and freedoms as a photographer in Ontario?  Here is an excellent resource that explains what can be photographed,  who owns a photo,  and what can be published – Ontario Photographers Rights.
  • Do not endanger yourself or others.  If you put yourself into a situation,  then someone else must either come looking for you or must assist or rescue you,  which also puts them at risk.
  • Stand on public property.  Stand where the police tell you and make note of their badge number if the request is questionable.  If a property owner insists that you stand somewhere else, be cautious,  since the police are the ones who must enforce trespassing laws.
  • Do Use the services of the local SPCA and other agencies that advocate for animals  – they can often help raise awareness of the issues or of future protests.  Ask them to include the dates of future protests in email blasts or newsletters.
  • Do not be defamatory – do not make claims about a person’s reputation or business that may be damaging and untrue.Killer Whales (2)
  • We will always make certain that we are parking on public property.  Please do not park on private property and then proceed to protest against the person or organization upon whose property you just trespassed.
  • Do not be threatening, abusive,  harassing,  and do not invade anyone’s personal privacy.
  • Do not make sexist, racist, profane, homophobic, or otherwise offensive and discriminatory remarks
  • Do not promote violence or other unlawful acts including trespassing.
  • Call the police if someone commits an offence against you so that documentation exists.
  • Obey the law and the police. The Animal Welfare/Rights movement is one that is increasingly intersecting with traditional areas of law such as tort, criminal, property, and constitutional law.  The Canadian Charter of Rights and Freedoms, which is entrenched in Canada’s constitution, guarantees freedom of peaceful assembly in section 2(c).
  • We must be responsible and accountable for our actions, intended or unintended.
  • We don’t condone wrongdoing in ourselves and will be responsible and speak up when it occurs.
  • Do create petitions,  use photographs and factual information to support the petition.  Rely on crowdsourcing to route your petition.  Do find a way to occasionally send a message to the people who have signed your petition to keep them up to date on the progress of your cause.
  • We won’t abuse alcohol or drugs.
  • Contact the police ahead of the protest.  Ask if permits are required.  If so,  ensure that they are fully complied with.
  • If we see violence or vandalism occur, we will report it and co-operate with authorities if required.when pigs fly
  • Know thy audience.  Familiarize yourself with the goal of the protest.  If you create your own signage,  make sure that it aligns with these goals.  Some groups are not susceptible to certain message points,  which means your time and effort protesting will be minimalized or lost entirely.
  • If we use a megaphone, we will ensure that its use is sporadic rather than constant.  We will observe all local bylaws regarding megaphone use.  We will ensure that megaphones are not used excessively in residential areas and we will always use it to convey factual information.  We will not use a megaphone if it startles flight animals.
  • We will respect the rights of non-violence and compassion.
  • We will leave no garbage behind.
  • We will always present ourselves as ordinary, everyday citizens, (which we are).  We have justifiable concerns.  We must also develop and sustain a sense of practicality and realism when responding to questions and concerns.
  • Select an issue that is of particular concern to you and run a campaign to foster change within your local community, workplace or university, or on a larger scale.
  • Video Documentation should be used with a view to preserving evidence and documenting our performance.  Video recording at demos and other events can be a critically useful tool in helping us to review and improve upon our effectiveness. It can also serve as a deterrent to intimidating or violent behavior to our opponents in addition to recourse to be used in litigation. Video recording, however, may unintentionally inflame passions or be viewed as an tool of intimidation if not handled correctly. In view of this it is essential that recording demos and events be done so in a professional manner that avoids aggressive behavior and avoids as much as possible verbal exchanges. (Thanks for this suggestion Martin)

Girl chasing sheepFor a long time it was left to philosophers to speak up in defence of animals.  For example,  Pythagoras urged respect for animals. In the 17th century, early animal protection laws were advanced by Locke, Rousseau, Bentham,  John Stuart Mill et al,  and followed eventually Henry Berg,  who founded the ASPCA.  What we hold in common with the philosophers is that we can advance animal issues by using critical reasoning,  the most effective strategy.

The way has not been easy for contemporary animal activists and will perhaps get even more difficult. The animal exploitation industries have huge resources behind them, and have the ear of government,  But it is impossible to believe that, in the end, justice and compassion will not triumph.

“The question is not can they reason? Nor, can they talk? But can they suffer?”

Space Migration with blue energy field

Reality Check: Government Agencies Ignore Animal Welfare At Stouffville Livestock Market

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Alternative Turkey Day - Photo  © by Joanne McArthur

Alternative Turkey Day – Photo © Joanne McArthur

Written by:  Heather Clemenceau

Live animal markets are notorious for withstanding humane pressure.  This is due to the fact that both the public and regulatory agencies consistently see the often inhumane treatment of food animals as separate and distinct from pet animals.  While few people would hesitate to contact the police if they saw a dog locked in a hot car, fowl  and rabbits are put into the trunks of cars in 40+ weather every weekend at the Stouffville Livestock Market.

One small mercy is that the summer is almost over now and the hottest days for animals are mostly behind us.  But that doesn’t mean that any government agency was able to seriously step up and take action for the birds and animals of the Market.  At a time when SPCAs are justifiably reminding us that we need to take precautions to keep our pet animals cool by not leaving them unattended in cars,  the helpless food animals (chickens,  ducks, turkeys,  exotic birds, other fowl and rabbits) at the Market are still being put into the stifling, unventilated trunks of cars and driven an unknown distance to their uncertain fates.  According to the National Highway Traffic Safety Administration,  high temperature, humidity and poor ventilation create an extremely dangerous environment in a vehicle trunk.

This veterinarian sits in a parked car to test the temperature that a pet would experience.

While the trunk is not exposed to direct sunlight, it will still be unbearably hot for a confined animal – on a 95 degree day,  the trunk may be 120 degrees.  It will certainly be hotter than the passenger compartment which at least has ventilation when the windows are down,  if not air-conditioning.

While people in other cities are arrested when caught putting animals in the trunks of cars, York Region Police claim to be unaware of any criminal code violations as they pertain to putting ANY species of animal in the trunk of a car on an oppressively hot day.  I know this because myself and others have spoken to them directly about the animals at the market and Criminal Code legislation. The fact is, when the OSPCA is closed outside of business hours,  automated messages  and instructions on their websites instruct us to call the York Region Police turkey dogduring off hours.   The OSPCA has given the market instructions to provide all animals with water but most of the market vendors and management are either unwilling or incapable (probably both) of following this directive.  Even when we have seen water provided (only on the day of a protest by activists) only the animals on display have been offered water.  Animals kept in confined in plastic containers or on trailers are not offered water unless they are moved to a display cage.

Why do people look the other way when they see farm animals stuffed into the trunk of a car?  They would almost certainly object if they saw you lock your dog in the trunk,  especially on any of the hot July or August days in York Region.  And what kind of person just won’t be bothered to provide water for their animals,  especially when told by a government agency to do so?  All farm animals can and do suffer from heat stress – signs are panting,  increased salivation,  drooling or foaming,  increased respiration or laboured breathing,  lethargy,  or even unconsciousness.

We brought printouts from the  “Health of Animals” Regulations – Livestock Handling,  Transport,  Segregation…  from the Justice Laws website of the Government of Canada to our protests.  it should be obvious that these regulations are sufficient to respond to the circumstances at the Market,  where animals suffer from both the extremes of hot and cold:

141. (1) Subject to this section, no person shall load on any railway car, motor vehicle,  aircraft or vessel and no carrier shall transport animals of different species or of substantially different weight or age unless those animals are segregated.

143. (1) No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of

(a) inadequate construction of the railway car, motor vehicle, aircraft, vessel, container or any part thereof;

(b) insecure fittings, the presence of bolt-heads, angles or other projections;

(c) the fittings or other parts of the railway car, motor vehicle, aircraft, vessel or container being inadequately padded, fenced off or otherwise obstructed;

(d) undue exposure to the weather; or

(e) inadequate ventilation.

chickens

And from the Criminal Code of Canada:

Section 446 of the Criminal Code sets out the offence of causing damage or injury to animals and birds. Everyone who by:

…wilful neglect causes damage to animals or birds that are being conveyed or everyone who is the owner or has custody or control of an animal or bird wilfully neglects or fails to provide suitable and adequate food water, shelter and care, is guilty of an offence.

A person convicted of this offence is liable to imprisonment for not more than two years if the prosecution proceeds by way of indictment. If convicted of an offence where the Crown proceeds by way of summary conviction, the person faces a maximum punishment of a fine not exceeding $5,000 or six months in jail or both.

Section 446(3) states that:

…evidence that a person failed to exercise reasonable care or supervision of an animal or bird and thereby caused injury or damage to it, is, in the absence of evidence to the contrary, proof that the injury or damage was caused by “wilful neglect”.

In our opinion, the livestock market cannot simultaneously operate and meet all of these conditions.

According to the group Canadians For the Ethical Treatment of Farm Animals:”

“To minimize risks of heat stress, farm animals should only be transported during the cooler hours of the day. Space per animal inside transport trucks should be increased by reducing stocking densities to ensure proper air flow between animals and, in the case of pigs, to allow them to lie down. Trucks should be tarped and well ventilated. Water should be provided regularly on long journeys.

Canadian transport regulations, the Health of Animals Act, Part XII, Sections 143, (1)(d) and (e) state that “No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of undue exposure to the weather or inadequate ventilation.” Yet, in Canada, farm animals are routinely transported during mid-day intense heat in overcrowded, un-tarped trailers, with no forced ventilation or water, as documented by CETFA inspectors.

cetfa_heatstress-did-you-knowEven when outside temperatures are not extreme, temperatures inside a trailer can rise dramatically if it is slowed by construction, stuck in traffic or otherwise forced to sit stationary, such as during unloading or at border crossings, where no dedicated lanes exist for livestock trailers (see case documented by CETFA here). Moreover, the amount of water vapor in the air (humidity) can lower the air temperature that farm animals can withstand without becoming heat stressed. For instance, research indicates that temperatures over only 23oC (73oF) can cause stress to cattle when combined with high humidity. Various combinations of heat and humidity, along with transport conditions, thus have the potential to negatively impact farm animals and induce heat stress during the summer months.

We ask that the readers of this blog post take action when it becomes apparent that farm animals are being transported in inappropriate conditions and suffering from heat stress – please contact the Canadian Food Inspection Agency (CFIA), the government body responsible for the enforcement of farm animal transport regulations, to report your concerns. Provide details of your observations (location, time of the day, name of the transport company, and D.O.T number printed on the rig, as well as the species transported and the signs of heat stress you observe).

Remind the CFIA that livestock haulers are legally required to take reasonable steps to protect farm animals from severe weather and prevent unnecessary suffering, and urge them to enforce the regulations as they are mandated to do. Also, contact the trucking company involved and email us details of the incident.

Many dogs in heat stress situations have been helped through public involvement. As more and more people are becoming concerned about farm animals, public involvement will also be instrumental in improving the welfare of farm animals during extreme weather conditions.”

Turkeys in the trunk of a car

Turkeys in the trunk of a car

Please reach out to all regulatory groups in the following manner:

Contact information

Canadian Food Inspection Agency:

You can contact the CFIA at 1-800-442-2342 or through your local CFIA office (found in the blue pages of your telephone directory).

174 Stone Rd W
Guelph, Ontario
N1G 4S9
Tel: 226-217-8555
Fax: 226-217-8495

OSPCA:

The Ontario SPCA operates on a complaints basis. This means that you can help animals by being aware of at-risk animals in your community and by reporting cases of suspected animal cruelty to your nearest Ontario SPCA Community, police, Crime Stoppers or police.

1-888-ONT-SPCA (668-7722) ext. 327 or email cruelty@ospca.on.ca, or contact Crime Stoppers at 1-800-222-TIPS (8477), your local Ontario SPCA Branch, affiliated Humane Society or police.

York Region Police:

Toll Free Number 1-866-8POLICE or 1-866-876-5423 (non-emergencies only)
TTY 1-800-668-0398

Address all correspondence to:
York Regional Police
17250 Yonge Street
Newmarket, Ontario Canada
L3Y-4W5
1-866-876-5423
Email: info@yrp.ca (This email is monitored during business hours and is for non-emergencies only)