Fraser Valley Farm Animal Abuse Images May Be Inadmissible If Obtained Illegally: Attorneys

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The video allegedly showing evidence of animal abuse at an Abbotsford dairy farm is raising questions from legal experts about whether any charges could be upheld in court.

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BC SPCA said it obtained approximately 300 clips of footage last week, some appearing to represent “disturbing” cases of animal abuse at Cedar Valley Farms, according to SPCA general manager Lorie Chortyk.

“The videos were sent to us by an organization that decided to inform us anonymously,” Chortyk said of the images. The SPCA said it believes the video was obtained by someone who hacked into the farm’s surveillance system. The society alleges that the videos show farm employees treating animals in violation of the Prevention of Cruelty to Animals Act and “potentially” the Canadian Penal Code.

As the SPCA prepares a case recommending charges to the Crown attorney, Attorney Victoria Shroff says any illegally obtained evidence could be removed from the court’s consideration.

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“How evidence is acquired can make or break a case, especially if it is the only evidence,” said Shroff, an animal law Professor at the Allard School of Law of the University of British Columbia who is not affiliated with the SPCA. “I F the evidence is not obtained legally, it may be subject to challenges. “

Such was the case in spring 2019 when images taken by an activist at Abbotsford’s Excelsior pig farm showed several dead piglets and a pig that appeared to be having trouble standing up. According to the SPCA, the Crown attorney found the video evidence inadmissible because the person who took the video refused to appear and testify.

“The court needs a witness to testify how and when the footage was recorded,” Shroff said, explaining that four activists involved face charges of trespassing.

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Currently, there are no Canadian laws governing commercial agricultural practices that involve animal welfare, although the National Farm Animal Care Council, an organization run by members of some industry officials, has codes that concern them.

“We need charges or sanctions for the defendants,” said Rebeka Breder, a Vancouver animal rights attorney, who believes the industry’s lack of transparency and accountability is driving activists to illegal means to report animal cruelty.

The SPCA said it wants industry and government to provide greater accountability for animal welfare on commercial farms, including surveillance cameras that could be monitored by a third party.

The donor-funded SPCA conducts about 9,000 investigations a year, but with 40 agents it does not have the resources to monitor the roughly 5,000 commercial farms in BC.

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“It is the responsibility of the government and the industry to make sure they have a more proactive third party audit system in place to make sure these violations are not occurring,” said Chortyk.

In an email statement, the province’s Ministry of Agriculture, Food and Fisheries said that “He is currently looking at different ways to strengthen animal welfare laws and practices in British Columbia.”

“The ministry works closely with the BC SPCA and commodity boards to identify any violations of our legislation or code of practice and take appropriate action as necessary,” the statement said.

Once the SPCA recommends the charges to Crown attorneys, they could take anywhere from weeks to months to be approved.

Cedar Valley Farms did not respond to Postmedia when contacted for comment.

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