Canada (Procureur général) c. Abattoir Zampini Inc.

Canada (Procureur général) c. Abattoir Zampini Inc.

The Court held the Commission’s interpretation was unreasonable because it created functionally distinct obligations for proximity abattoirs contrary to the plain wording and purpose of s.6.2; the proper interpretation requires the operator who slaughters a bovine over 30 months to ensure removal of all MRS at the...

Source-derived case information.

Citation
2025 CAF 61
Parties
Applicant: Procureur général du Canada; Respondent: Abattoir Zampini Inc.
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
14 March 2025
Procedural Posture
Judicial Review of Administrative Decision / Judgment on Judicial Review Remitting Decision to Administrative Tribunal
Outcome
Appeal allowed in favour of the Attorney General; decision of the Commission set aside and remitted to the Commission differently constituted
Legal Topics
Judicial Review, Statutory Interpretation, Reasonableness Standard, Specified Risk Material, Administrative Sanctions
Source Language
fr
Administrative Law Regulatory Law Health Law Agriculture Law Food Safety Judicial Review Statutory Interpretation Reasonableness Standard +2 more

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Parties

Procureur général du Canada

Applicant

Abattoir Zampini Inc.

Respondent

Procedural Posture

Judicial Review of Administrative Decision / Judgment on Judicial Review Remitting Decision to Administrative Tribunal

  1. 1 Whether s.6.2 of the Règlement sur la santé des animaux requires removal of all specified risk material (MRS) at the slaughter stage
  2. 2 Whether the Commission’s interpretation creating a different temporal obligation for proximity abattoirs is reasonable
  3. 3 Whether the Commission’s decision is deficient under the reasonableness standard (Vavilov)

Ratio Decidendi

The Court held the Commission’s interpretation was unreasonable because it created functionally distinct obligations for proximity abattoirs contrary to the plain wording and purpose of s.6.2; the proper interpretation requires the operator who slaughters a bovine over 30 months to ensure removal of all MRS at the slaughter stage (with limited operationally justified tolerance regarding dorsal root ganglia), and therefore the Commission’s decision was set aside and remitted for redetermination by a differently constituted Commission.

Court Disposition

Appeal allowed in favour of the Attorney General; decision of the Commission set aside and remitted to the Commission differently constituted

Orders

  • Decision of the Commission dated 17 April 2024 (2024 CRAC 10) is annulled and the matter is remitted to the Commission differently constituted for redetermination
  • Dépens awarded to the Applicant in the agreed amount of $2,000