WINNIPEG—Animal Justice is appealing a court decision that found a Manitoba live horse exporter not guilty of violating federal transport laws, asking a higher court to confirm legal obligations to protect animals during long-distance shipments.
The case stems from a rare private prosecution brought by Animal Justice after a December 2022 shipment of 79 horses from Winnipeg to Japan exceeded the already-dangerous, legal 28-hour limit for transporting horses without food, water, or rest.
The journey lasted well over 33 hours after a snowstorm forced a reroute from Anchorage to Seattle, despite it being clear before departure that the change would push the trip beyond legal limits. At least three horses collapsed in wooden transport crates during the flight.
Animal Justice charged export company Carolyle Farms for failing to have a contingency plan in place, as required under federal regulations to prevent suffering in the event of delays.
The court found no evidence that any party involved in the transport had a plan covering the full journey, but acquitted the company. The court found that the exporter had no responsibility to ensure a contingency plan was in place for the horses’ journey after their arrival at the tarmac in Winnipeg.
The court also noted the apparent confusion of the Canadian Food Inspection Agency (CFIA) when it comes to companies’ responsibility for contingency plans.
“We believe the law is clear. Exporters are required to have a contingency plan in place when they ship horses overseas for slaughter,” said Winnipeg-based lawyer Kaitlyn Mitchell, Animal Justice’s director of legal advocacy. “These rules exist to prevent suffering when delays occur. We are asking a higher court to review this decision and confirm that companies cannot sidestep that responsibility.”
The appeal was filed in the Court of King’s Bench in Winnipeg.
Contact:
Josh Lynn
Public Relations Manager
[email protected]
Kaitlyn Mitchell
Director of Legal Advocacy
[email protected]