Last week, Animal Justice lawyers were in court for a two-day trial in Winnipeg against a Manitoba live horse exporter. This may be the first private prosecution involving farmed animals ever to reach trial in Canada.
We successfully laid the charge in February 2024. This followed a devastating December 2022 shipment from Carolyle Farms, a horse export company based in Swan River, Manitoba. The Canadian Food Inspection Agency (CFIA) declined to take action, even though the shipment exceeded legal transport limits.
Alongside the Winnipeg Humane Society, Canadian Horse Defence Coalition, and Manitoba Animal Save, we filed a formal complaint with the CFIA. But when authorities refused to act, we got permission from a judge to lay a rare private charge. This legal tool allows individuals to prosecute offences when regulators won’t. Last week, the exporter was tried for failing to have a legally required contingency plan to prevent violations of the law that could cause suffering to horses.
Horses Left to Suffer
Under Canada’s federal Health of Animals Regulations, horses cannot be transported for more than 28 hours without food, water, or rest. Exporters must also have contingency plans in place to protect animals during foreseeable disruptions. In our prosecution, we allege that Carolyle Farms failed to comply with these safeguards.
While horses were in crates on the tarmac awaiting loading onto the aircraft in the early hours of December 12, 2022, the exporter learned that heavy snowfall in Anchorage, Alaska made a planned stopover impossible. But instead of cancelling or postponing the shipment, the flight was rerouted through Seattle. This significantly extended the journey. By the time the flight took off from Winnipeg, it was impossible for the shipment to comply with the 28 hour limit on transport without food, water, and rest.
Government records indicate the horses were likely in transit for well over 33 hours. Tragically, at least three horses collapsed mid-flight.
Historic Private Prosecution Reaches Trial
Over two days in the Provincial Court of Manitoba, Animal Justice called three witnesses–two CFIA veterinarians who inspected the horses, and a CFIA supervisor.
Their testimony confirmed that the CFIA was aware the shipment would exceed the 28-hour time limit due to delays, but approved it anyway. They also admitted that the CFIA did not have a contingency plan on file that covered the entire duration of the journey, including the flight to Japan and transport to the quarantine facility.
The focus of the prosecution was not only the length of the journey, but the exporter’s legal obligation to prepare for foreseeable disruptions. Weather delays are a known risk in international air transport, particularly in winter. We argued that the exporter failed to ensure a contingency plan was in place for the entirety of the journey from Swan River to the quarantine facility in Kagoshima—a legal safeguard aimed at preventing animal suffering when plans change or delays happen.
We expect the court’s decision in late March.
Transport Laws Must Be Enforced
Horses exported from Canada are confined in cramped wooden crates for long-haul flights that are inherently stressful and risky. Every additional hour without food, water, or rest increases the likelihood of injury, collapse, or death.
Animal transport laws exist to prevent suffering—but without enforcement, they are meaningless. Animal Justice will continue to uphold existing animal protection laws and use all legal tools available to ensure those protections are upheld in practice, not just on paper.
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Banner image: Jo-Anne McArthur | HSI Canada | We Animals
