Justice Markus Koehnen of the Ontario Superior Court has struck down some provisions of Ontario’s new trespass law, prompting animal activist groups to claim victory.
But Beef Farmers of Ontario said it is pleased he upheld the law and limited his deletions to a regulation.
Koehnen struck down Sections 5(4), 6(2) and 6(4) under Ontario’s Security from Trespass and Protecting Food Safety Act (Act), prohibiting the interference or interaction with a farm animal in an agricultural zone and during transportation without prior consent from the owner/operator or driver.
“The Charter (of Rights) was never intended to give one person the right to physically interact with another person’s property without the other’s consent under the guise of freedom of expression,” wrote Koehnen in his decision.
He struck down the portion of the regulation that said consent obtained under false pretenses or under duress is not allowed.
“In my view, (one section of) the Regulation is overly broad and disproportionate. It penalizes misstatements like denying affiliation with an animal rights group or having a university degree,” said Koehnen in the decision.
“Those sorts of misstatements have no bearing on objectives like animal safety or food security.”
Beef Farmers of Ontario issued a news release saying animal neglect, abuse and cruelty is never acceptable, and animal welfare is of the utmost importance to BFO and its members.
BFO respects the right of individuals to peacefully protest. The Act does not interfere with the right of people to participate in legal protests on public property – but these individuals do not have the right to trespass on private property or to threaten farmers, their animals, or their livelihood.
Trespassing, and even the threat of trespassing, on farms is detrimental to the mental health and well-being of our farmers. Everyone has the right to feel safe in their homes and their places of work.
Ontario passed the law after a protester died when a hog-hauling truck ran over her at the Fearman’s plant entrance. Protestors routinely rallied there delaying trucks and trying to feed hogs water.
