Animal Justice is celebrating a landmark court decision that strikes down much of Ontario’s agricultural gag law (Ag-Gag law), which aimed to silence whistleblowers and journalists who work undercover to investigate animal cruelty in the meat, dairy, egg, and fur farming industries.
A copy of the decision is available here.
Animal Justice is celebrating a landmark court decision that strikes
down much of Ontario’s agricultural gag law (Ag-Gag law), which
aimed to silence whistleblowers and journalists who work undercover
to investigate animal cruelty in the meat, dairy, egg, and fur
farming industries. Joining Animal Justice as applicants in this
case were freelance journalist Jessica Scott-Reid, and animal
advocate Louise Jorgensen of Toronto Cow Save.
Passed in 2020 by the Ford government under pressure from lobby
groups, the Security from Trespass and Protecting Food Safety Act
was enacted to conceal animal cruelty on factory farms by making it
illegal for a whistleblower to use a false pretence to get a job at
a farm or slaughterhouses. Prior exposés by undercover workers in
Ontario have received national media attention, and exposed severe
and unlawful animal abuse on farms, like animals being mutilated,
beaten and kicked, and improperly killed. Exposés have also shone a
light on cruel routine practices such as confining mother pigs in
gestation crates, and grinding male chicks alive in macerators.
Following undercover exposés, farms have been convicted and fined.
The last undercover investigation in Ontario, released days before
the Ag-Gag law came into effect, was conducted at a factory pig farm
by Animal Justice; the farm later pleaded guilty to two animal
cruelty offences.
Justice Markus Koehnen of the Superior Court of Justice found that
the Act and its Regulation restrict undercover investigations in
purpose and effect. Justice Koehnen ruled that multiple provisions
of the Regulation are unconstitutional as they violate the right to
freedom of expression guaranteed under the Canadian Charter of
Rights and Freedoms. The provisions that effectively ban undercover
work at farms and slaughterhouses were declared of no force and
effect. The ruling is suspended pending a future hearing between the
parties.
The lawsuit also challenged restrictions on protests outside
slaughterhouses where advocates photograph animals inside trucks on
their way to be killed, but the Court upheld provisions that
restrict interacting with animals inside trucks.
“This groundbreaking ruling is a decisive victory against Ontario’s
egregious Ag-Gag law, and sends a clear message that no industry is
exempt from scrutiny and accountability,” said lawyer Camille
Labchuk, executive director of Animal Justice. “Undercover
investigations are a vital tool to show the public the truth about
how animals live on farms and die in slaughterhouses. These exposés
are critical to holding industries to account for unlawful abuse,
and help make the case for stronger laws to outlaw some of the worst
forms of mistreatment. We look forward to the opportunity to resume
our investigative work to expose and end animal suffering in the
food system.”
“This is an important decision that rightly puts freedom of
expression and freedom of the press above industry interests,” said
Jessica Scott-Reid. “My hope is that other jurisdictions with
similarly unethical Ag-Gag laws will take note. Consumers and
animals in Canada deserve more transparency and accountability from
this largely hidden industry, not less.”
“I am thrilled that undercover investigators and whistleblowers will
be able to resume their important work, revealing the truth of what
is being done to animals behind the walls of farms and
slaughterhouses,” said Louise Jorgensen of Toronto Cow Save. “The
citizens of Ontario have the right to know what they are supporting
in order to make ethical choices. The animals are depending on it.”
Ag-Gag laws in the US have been struck down as unconstitutional by
judges in six states. This case was the first constitutional
challenge to a Canadian Ag-Gag law, although a similar law was
passed in Alberta. Manitoba and PEI also have laws designed to
conceal cruelty on farms, and a proposed federal Ag-Gag law (Bill
C-275) is now in the Senate.
In addition to lawyers from Animal Justice, the applicants were
represented by counsel from Stockwoods LLP and Beddoes Litigation.
A copy of the decision is available
here.