John Vanthof, New Democratic Party member of the legislature for Temiskaming-Cochrane, says farmers are being given a false sense of hope by Ontario Agriculture Minister Ernie Hardeman's legislation aiming to end underground video-taping of on-farm animal abuse.
Vanthof has outlined flaws in an open letter to new media editors. It says:
"The biosecurity of our food supply and the safety and security of farm families are issues that are crucial to everyone in Ontario. The Conservative government has introduced the Security from Trespass and Protecting Food Safety Act to help address this issue — but there are serious concerns that it doesn’t do right by farmers and agri-businesses.
"Protecting livestock and stopping trespassing are good things – goals we can all agree on. A change to ensure trespassers will have to pay for any damages incurred on a farm will be a deterrent to trespassing. The Official Opposition NDP voted for Bill 156 on second reading because it goes part way in deterring some people from, possibly unknowingly, threatening the safety of our food supply.
"However, the bill does have some very serious problems. As it’s written, Doug Ford’s bill has an over-reaching anti-whistle blower clause.
"The bill says anyone who reveals any operation’s practices — from accounting to workplace safety — could be retroactively charged with trespassing. Even if they discovered troubling practices while serving as a long-time, loyal employee.
"That pre-emptive chill on whistle-blowers won’t likely hold up in court, in fact other jurisdictions’ courts have struck down nearly identical laws. And it makes all farms and agri-businesses look like they’ve got something to hide.
"Nearly every farm and agri-food operation in this province is one with honest practices that takes good care of its workers and uses humane animal practices. Farmers do a great job and have nothing to hide.
"Why would they risk that reputation by losing a court challenge and giving the appearance that they do have something to hide? The Minister of Agriculture, Food and Rural Affairs seems willing to risk farmers’ reputation with consumers, the NDP is not.
"Another problem with the bill is that it does not actually provide farmers with any protection—because a deterrent is not a protection. There is no funding attached to this legislation. No extra policing and no training for the police. No de-escalation training or information distribution for farmers.
"It won’t make police arrive quicker, or help a case to reach the court faster. It won’t change a thing for farmers and agri-businesses once a trespass has started. In fact, it suggests that farmers should use citizen’s arrests more.
"Bottom line is that this bill provokes potential trespassers with an over-reaching attack on their rights, then leaves farmers’ to their own devices if trespassers feel emboldened as a result. Without training and without support, a farmer could very well be at increased risk, including the risk of being charged and convicted for using force in their attempt to conduct a citizen’s arrest.
"I want to conclude with a third and very serious problem with this bill: the impact on Indigenous hunting and fishing rights. First Nations leaders have expressed concern about the ability to access Crown land in Northern Ontario. Livestock protection zones on land that is newly developed for agriculture could very well impact those rights.
"To make this bill palatable, three substantial changes need to be made. The over-reach to crack down on free speech and whistleblowers has to be changed. Money for enforcement, training and information for farmers needs to be added. And First Nations leaders need to be thoroughly, properly consulted, and their rights respected.
"This bill shouldn’t be supported by anyone in the legislature until those amendments are made, so that everyone is properly protected. The NDP will be putting amendments to the bill on the table, and fighting for those changes."
