R. v. Chilliwack Cattle Sales Ltd.

R. v. Chilliwack Cattle Sales Ltd.

Crown failed to prove beyond a reasonable doubt that the subject animals were unfit at the time of loading or that the accused's expected journey causally produced the undue suffering observed later; Roberge and Jennings were independent contractors (not employees or agents) and the accused exercised due diligence...

Source-derived case information.

Citation
2013 BCSC 1059
Parties
Crown: Regina; Accused: Chilliwack Cattle Sales Ltd.; Accused: Kenneth Kooyman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 April 2013
Procedural Posture
Criminal Indictable / Trial Judgment (oral Reasons for Judgment)
Outcome
Not guilty on all counts (acquitted)
Legal Topics
Strict Liability, Due Diligence Defence, Vicarious Liability, Agency Vs Independent Contractor, Fitness for Transport, Causation, Statutory Interpretation
Source Language
english
Criminal Law Regulatory Offences Animal Welfare Law Agency and Employment Law Strict Liability Due Diligence Defence Vicarious Liability Agency Vs Independent Contractor +3 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Chilliwack Cattle Sales Ltd.

Accused

Kenneth Kooyman

Accused

Procedural Posture

Criminal Indictable / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 What was the expected journey for purposes of s.138(2)
  2. 2 Whether the accused or the driver/transport company's expected journey governs
  3. 3 Whether the animals were unfit for transport at loading

Ratio Decidendi

Crown failed to prove beyond a reasonable doubt that the subject animals were unfit at the time of loading or that the accused's expected journey causally produced the undue suffering observed later; Roberge and Jennings were independent contractors (not employees or agents) and the accused exercised due diligence in selection and loading, therefore verdict is not guilty on all counts.

Court Disposition

Not guilty on all counts (acquitted)

Orders

  • Accused Chilliwack Cattle Sales Ltd. and Kenneth Kooyman acquitted on all counts