Manitoba live horse exporter charged after alleged unlawful air shipment

In what could be a milestone moment for the protection of farmed animals in Canada, a Winnipeg court has given animal welfare advocates the go-ahead to privately prosecute a live-horse exporter from Manitoba. Kurt Black reports

Carolyle Farms, a live horse exporter from Swan River, Man., has been charged under the federal Health of Animals Regulations in connection to a shipment of live horses in 2022, according to Animal Justice.

Animal Justice says the charges against the exporter date back to Dec. 12, 2022, after Carolyle Farms was reportedly arranging a shipment of horses to be flown to Kagoshima, Japan.

In Japan, the horses would be allegedly “fattened, slaughtered, and eaten as a raw delicacy,” Animal Justice writes in a news release.

Animal Justice says the plane was originally supposed to stop in Anchorage, Alaska, however, heavy snowfall prevented that from happening. Carolyle Farms then reportedly rerouted the plane, which meant the horses would go without food, water, and rest for over the legal limit of 28 hours.

Three horses are said to have collapsed during the flight.

Animal Justice says they, along with the Winnipeg Humane Society, Canadian Horse Defence Coalition, and Manitoba Animal Save, filed a complaint with the Canadian Food Inspection Agency (CFIA) over the unlawful conduct, however, the CFIA reportedly refused to take action.

Following this Animal Justice laid private charges, until Tuesday when a provincial court judge allowed a charge under the Health of Animals Regulations to be laid.

The charge was for failing to have a contingency plan in place to respond to unforeseen delays that could result in the suffering of an animal. 

“Animal welfare laws are meaningless if they are not enforced,” said Kaitlyn Mitchell, director of legal advocacy with Animal Justice. “It has been over a year since this unlawful shipment took place and it is deeply troubling that the CFIA did not take enforcement action against Carolyle Farms. These gentle horses were forced to endure more than 30 hours in transit without food, water, and rest, and at least three horses collapsed on flight.

“We want justice for these horses and look forward to having this charge further considered by the courts.”

The federal Crown says charges for exceeding the maximum time limit for a transport were stayed, as the CFIA was complicit in the discussions that led to the decision to go ahead with the unlawful shipment.

Meanwhile, the provincial Crown stayed a proposed charge under the provincial Animal Care Act for causing distress to animals due to jurisdictional concerns.

“I vividly recall that cold winter night one year ago,” said Danae Tonge, organizer of Manitoba Animal Save who observed and documented the unlawful shipment in 2022. “I am relieved that the court is allowed this charge to be laid and look forward to the next steps in this case.”

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