Canada Case Law

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

Read case analysis

R. v. Elite Farm Services Ltd.

Court

Supreme Court of British Columbia

The court accepted a joint submission for corporate animal-cruelty sentencing, imposing fines and three-year probation orders on Elite Farm Services Ltd. and Sofina Foods Inc.

• Animal cruelty
• Health of animals act
• Health of animals regulations
• Probation order for organizations
• Corporate fines
• Section 718.21 factors

Read case analysis

Canada (Attorney General) v. El Kouchi

Court

Federal Court of Appeal

The Tribunal erred in law by imposing an additional requirement that the Agency prove a direct causal link between the importation and the violator (independent of third party acts) and by effectively requiring knowledge; paragraph 34(1)(b) imposes liability irrespective of the violator's knowledge consistent with the AMP regime, so the Tribunal's decision was set aside and the matter remitted.

Source excerpt

• Administrative monetary penalties
• Absolute liability
• Importation prohibition
• Causation requirement
• Health of animals regulations

Read case analysis

Canada (Attorney General) v. Ouellet

Court

Federal Court of Appeal

The Tribunal’s decision was set aside because the record shows the alleged event occurred in the course of transport and therefore constituted a violation of subsection 141(1) of the Health of Animals Regulations; the proper remedy is to remit the matter to the Canada Agricultural Review Tribunal for redetermination on that basis and for assessment of an appropriate penalty.

Source excerpt

• Judicial review
• Health of animals regulations
• Transport of animals
• Penalty assessment
• Remittal

Read case analysis

Estensen v. Canada (Attorney General)

Court

Federal Court

The Court held that issue estoppel barred CFIA from relitigating a key factual question about one cow, terminating the suspension for that animal, but refused retroactive reinstatement.

• Issue estoppel
• Functus officio
• Abuse of process
• Natural justice
• Accredited veterinarian suspension and cancellation
• Health of animals regulations

Read case analysis

Les fermes G. Godbout & fils inc. v. Canada (Canadian Food Inspection Agency)

Court

Federal Court of Appeal

The Tribunal’s factual findings that the animals were unfit for transport and suffered unduly were supported by inspection reports, photographs and veterinary evidence; because violations under the Administrative Monetary Penalties Act are absolute liability (s.18(1)), defences of due diligence or reliance on prevailing practices were unavailable; economic considerations do not justify undue suffering; accordingly the appeals were dismissed.

Source excerpt

• Administrative monetary penalties
• Health of animals regulations
• Judicial review
• Absolute liability

Read case analysis

Sylvain v. Canadian Food Inspection Agency

Court

Federal Court

The Federal Court dismissed an application for mandamus, finding no standing and no clear duty on CFIA to enforce the poultry-crate regulation in the manner sought.

• Mandamus
• Standing
• Judicial review
• Enforcement of regulations
• Health of animals regulations
• Discretionary powers

Read case analysis