TORONTO—National animal law organization Animal Justice is deeply disappointed after the Ontario Court of Appeal overturned a lower court ruling which struck down much of Ontario’s agricultural gag (ag gag) law on constitutional grounds. The now-overturned ruling restored the right of journalists, advocates and whistleblowers to expose animal cruelty through undercover investigations.
In its decision today, the Court allowed the Ontario government’s appeal of a 2024 Superior Court decision that had found key provisions of the Security from Trespass and Protecting Food Safety Act violated the Charter-protected right to freedom of expression.
“Today is a dark day for freedom of expression in Ontario,” said lawyer Kaitlyn Mitchell, director of legal advocacy at Animal Justice. “Sadly, this ruling puts brave employee whistleblowers, journalists, and animal protection advocates at risk of prosecution for doing vital work to expose hidden animal suffering inside Ontario farms and slaughterhouses.”
Ontario’s ag gag law was passed in 2020 by the Ford government under pressure from industry lobbyists. It shields factory farms from accountability by effectively silencing whistleblowers and journalists who work undercover to investigate hidden animal cruelty by making it illegal to get a job at a farm or slaughterhouse under false pretenses.
Even long-time employees who happen to see wrong-doing on the job and decide to document abuse to blow the whistle on their employer face significant penalties under the dangerous law.
“Without laws to protect farmed animals or meaningful oversight, undercover investigations and brave employee whistleblowers are the only way the public can learn the truth about how animals live on large industrial farms and die in slaughterhouses. The public deserves to know how vulnerable animals are being treated behind closed doors,” Ms. Mitchell said.
Prior undercover investigations in Ontario revealed distressing conditions and instances of animal abuse at facilities including turkey farms, chick hatcheries, and mink fur farms. The last undercover investigation in Ontario before the law came into effect was conducted at a factory pig farm by Animal Justice; the company later pleaded guilty to two animal welfare offences.
“While we were not successful in Court, Animal Justice will be reviewing this decision carefully and considering all available options, including seeking leave to appeal to the Supreme Court of Canada,” Ms. Mitchell said. “Undercover exposés are vital to exposing illegal animal abuse and suffering caused by standard industry practices, and we plan to continue fighting to protect this fundamentally important form of expression.”
Animal Justice was joined in the case by journalist Jessica Scott-Reid and activist Louise Jorgensen of Toronto Cow Save. In addition to lawyers from Animal Justice, the applicants were represented by counsel from Stockwoods LLP and McEwan Partners.
Ag gag laws in the US have been struck down as unconstitutional by judges in six states. A similar law was passed in Alberta in 2019.
Manitoba and Prince Edward Island also have laws designed to conceal cruelty to farmed animals. A federal ag gag bill died in the Senate when Parliament was prorogued last year.
The full Ontario Court of Appeal decision can be read here: Animal Justice v. Ontario (Attorney General)
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