WINNIPEG—A Manitoba court has found horse exporter Carolyle Farms not guilty of violating federal animal transport laws, in a rare private prosecution brought forward by Animal Justice—likely the first in Canada involving farmed animal welfare.
Each year, thousands of horses are trucked from feedlots, packed tightly into wooden cargo crates, and flown from Canada to Japan—where they are slaughtered to be served as a luxury delicacy served at high-end restaurants.
The case against Carolyle Farms centred on a December 2022 shipment of 79 horses flown from Winnipeg.
On the day in question, a snowstorm closed the Anchorage airport, where the flight was scheduled to stop. Carolyle Farms instead directed the plane to stop in Seattle, despite knowing before the flight left that this change in flight plan would mean a longer journey—one that could not be made within the legal 28-hour limit for transporting horses without food, water, and rest.
Ultimately, the trip took well over 30 hours and at least three horses collapsed during the journey.
The company was accused of failing to have a contingency plan, as required under the Health of Animals Regulations, which mandates measures to prevent suffering, injury, or death in the event of delays or other unforeseen circumstances during transport.
The charge was laid by Animal Justice after the Canadian Food Inspection Agency (CFIA) failed to take enforcement action. A Manitoba judge allowed the case to proceed in 2024, marking a rare use of Canada’s private prosecution process for farmed animals.
The Court agreed that Carolyle Farms did not have a contingency plan to cover the airplane portion of the horse transport. There was also no evidence at the trial that Sea Air (the shipping logistics company hired by Carolyle Farms) or Korean Air Cargo (the airline hired by Carolyle Farms) had a plan.
However, the Court was left with a reasonable doubt as to whether the plan was the responsibility of Carolyle Farms, instead of Sea Air or Korean Air. The Court also pointed to significant confusion on the part of the CFIA about which party should have a contingency plan.
“While the Court did not find Carolyle Farms guilty, this case is historic,” said Kaitlyn Mitchell, director of legal advocacy at Animal Justice. “It is likely the first time farmed animal welfare has been the subject of a private prosecution that reached trial in Canada. Animal Justice is concerned that the judgment undermines the enforceability of animal transport laws and leaves vulnerable horses at even greater risk of suffering during transport—an incredibly stressful time. We will be reviewing the decision carefully and considering whether an appeal is appropriate.”
Earlier this month, Animal Justice released a bombshell investigative report, which presented further evidence of horses dying in the wake of these journeys, collapsing mid-flight, and arriving with serious injuries and illnesses. None of the injuries and deaths were reported to the CFIA by exporters. The report also found that shipments continue to exceed the legal 28-hour transport limit—all without enforcement action by the CFIA.
“This trial shows that private prosecutions can shine a light on systemic failures and cruelty,” said Mitchell. “This case has always been about one thing and one thing only: justice for these horses who endured a grueling and unlawful journey all to be killed overseas. Today’s decision is disappointing and shows why Canadian horse protection laws are meaningless without proper enforcement by the CFIA.”
Contact:
Josh Lynn
Public Relations Manager
[email protected]
Kaitlyn Mitchell
Director of Legal Advocacy
[email protected]