Canada Case Law

Allen v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The petition was struck because, on its face, it is a collateral attack on an existing Provincial Court conviction and an abuse of process; Provincial Court had jurisdiction to determine the Charter issues and grant remedies and the petitioner cannot use a Superior Court civil petition to circumvent pending criminal proceedings or the statutory appeal route even though a s.52 declaration is not available in Provincial Court.

Source excerpt

• Section 7 charter
• Section 24 charter remedies
• Collateral attack
• Abuse of process
• Seizure of animals
• Declaration of invalidity s.52 constitution act, 1982

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Ferme Avicole Laplante Ltée v. Canada (Attorney General)

Court

Federal Court of Appeal

The Tribunal's finding was reasonable that Laplante Poultry, having ordered the birds and exercised control over the transportation process and having knowledge of a humidity problem, 'caused' the transportation through omission and thus violated s.146; subsection 153(2) does not absolve a purchaser who caused the transport, and the application for judicial review is dismissed.

Source excerpt

• Health of animals regulations s.146
• Transfer of care s.153(2)
• Omissions and causation
• Judicial review - reasonableness

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Earl Macdonald and Son Transport Limited v. Canada (Food Inspection Agency)

Court

Federal Court of Appeal

The Tribunal reasonably applied the regulation's definition of 'overcrowding', its factual findings that the loading and transport resulted in overcrowding were supported by the evidence, and under the Vavilov reasonableness standard the Tribunal's decision must be upheld; the judicial review application is dismissed.

Source excerpt

• Judicial review
• Administrative monetary penalty
• Overcrowding
• Health of animals regulations
• Reasonableness standard
• Tribunal deference

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Jewish Community Council of Montreal v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted an interlocutory injunction stopping CFIA enforcement of three unconsciousness indicators for kosher slaughter, pending the merits.

• Freedom of religion (s.2(a) charter)
• Equality / non-discrimination (s.15 charter)
• Reasonableness review of administrative guidance
• Interlocutory injunctions
• Regulatory guidance vs regulations
• Ritual slaughter (shechita)

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Windrift Adventures Inc. v. Ontario (Animal Case Review Board)

Court

Court of Appeal for Ontario

Although the leave applications share a factual origin and meet the threshold commonality, consolidation is refused because the balance of convenience disfavors it: the legal questions in each leave are distinct, written leave processes yield limited efficiency gains, consolidation would risk prejudice through delay and extension of an interim stay, and the second application was not perfected.

Source excerpt

• Consolidation
• Stay
• Judicial review
• Statutory appeal
• Costs

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The Association for The Protection of Fur-Bearing Animals v. Gunvaldsen

Court

Supreme Court of British Columbia

The court dismissed a judicial review challenging a fur farm licence, holding the statutory scheme did not require an established Health Management Plan before issuance.

• Public interest standing
• Health management plan requirement
• Licensing
• Mootness
• Reasonableness standard
• Judicial-review

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R. v. Sasano

Court

Supreme Court of British Columbia

The court dismissed Jeff Rigear’s application for BC SPCA records, holding the O'Connor third-party disclosure regime applied and no likely relevance was shown.

• Third party disclosure
• Informer privilege
• O'connor disclosure regime
• Stinchcombe disclosure
• Abuse of process
• Section 7 charter

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R. v. Zhou

Court

Supreme Court of British Columbia

The court dismissed Ms. Zhou’s summary conviction appeal, rejecting claims of ineffective assistance of counsel and finding no miscarriage of justice.

• Ineffective assistance of counsel
• Due diligence defence
• Strict liability offence
• Fresh evidence on appeal
• Credibility findings
• Browne v. dunn rule

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Canada (Attorney General) v. Fauteux

Court

Federal Court of Appeal

The Court allowed the judicial review, concluding the Tribunal’s decision was unreasonable because it failed to address and justify disregarding significant contradictory evidence concerning the hog’s necrotic tail, underweight condition and right hind leg injury; the Tribunal’s reasons were insufficient and the matter was remitted to another Tribunal member for a new decision.

Source excerpt

• Reasonableness review
• Health of animals regulations s.138(2)(a)
• Tribunal reason-giving
• Weighing of conflicting evidence

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R. v. McKinlay

Court

Supreme Court of British Columbia

British Columbia Supreme Court dismissed Cheryl McKinlay’s appeal from animal-cruelty convictions and sentence, upholding the evidentiary findings, counsel’s performance, and a ten-year animal prohibition.

• Animal cruelty
• Failure to provide adequate care
• Fresh evidence
• Ineffective assistance of counsel
• Prohibition order
• Appeal standard of review

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