In the matter of an application for a review of the facts of a violation of provision 138(2)(a) of the Health of Animals Regulations, alleged by the Respondent, and requested by the Applicant pursuant to provision 9(2)(c) of the Agriculture and Agri-Food Administrative Monetary Penalties Act.
The Notice of Violation dated November 1, 2004, alleges that the Applicant committed a violation contrary to provision 138(2)(a) of the Health of Animals Regulations, which states: “138(2) Subject to subsection (3), no person shall load or cause to be loaded on any railway car, motor vehicle, aircraft or vessel and no one shall transport or cause to be transported an animal (a) that by reason of infirmity, illness, injury, fatigue or any other cause cannot be transported without undue suffering during the expected journey.
A veterinarian testified that she examined 2 pigs which had been transported by the Applicant from a farm situated some 40 km away. The two pigs in question both exhibited umbilical hernias measuring some 30 to 40 cm in diameter. The hernias were so large that they touched the ground. The vet further testified that the condition of the animals pre-existed the date of inspection, meaning that the pigs had been transported with the hernias. The pigs evidenced clear signs of significant suffering when examined.
Even if a pig was not showing signs of distress prior to being loaded, the smaller state of the pig, in conjunction with the hernia, should have raised concerns about whether the animals could be loaded and transported without causing it undue suffering.
The Tribunal was satisfied that the Respondent established, on a balance of probabilities, that the Applicant caused to be loaded and transported animals that by reason of their infirmities could not be loaded or transported without undue suffering during the expected journey.
The Tribunal, found that the Applicant committed the violation and is liable for payment of the penalty in the amount of $2,000.00 to the Respondent.
Source: Case Law
Jurisdiction: Canada (Federal)