Judge adjourns landmark private prosecution animal-rights case until later date

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This article was published 26/05/2025 (304 days ago), so information in it may no longer be current.

What was supposed to be the start of landmark court proceedings in Winnipeg — believed to be the first time a private prosecution involving farm animals has reached trial in Canada — was quickly adjourned Monday to a later date.

Animal-rights organization Animal Justice took the rare step of obtaining judicial approval to privately prosecute Swan River-area horse exporter Carolyle Farms over a Dec. 12, 2022 shipment by air of horses which it alleges violated the law.

The animal-rights organization alleges the shipment of horses to Japan, where horse meat is sold raw as a culinary delicacy, unlawfully exceeded the 28-hour time limit under federal legislation that live horses are allowed to be in transport without food and water.

The farm owners’ defence lawyer, Lindsay Mulholland, successfully argued for an adjournment over late disclosure in front of provincial court Judge Stacy Cawley, after private prosecutor Dan Stein disclosed evidence to her last week and Sunday evening.

Mulholland argued she needed more time to review the evidence in order to fully answer to the charge on behalf of her client.

Among the evidence she said she received late was the extent one of the private prosecution’s proposed expert witnesses had advocated against the horse-shipment industry, including by signing a petition seeking legislative change.

Stein opposed the motion, arguing the defence had most of the evidence that was to be called, with only minor information sent late, while questions of the qualifications of expert witnesses had been raised at pre-trial.

“In my view, fairness dictates that I must grant the adjournment request in order to make full answer in defence,” said Cawley.

Animal Justice alleges the farm failed to have a contingency plan in place to respond to unforeseen delays that could result in the suffering of an animal.

Farm owner Lyle Lumax previously argued the shipment followed best practices, with input on the ground from Canadian Food Inspection Agency officials, Japanese officials and the plane company.

Private prosecutions, which are rarely heard in the Canadian justice system, involve an individual — rather than authorities such as police or the Crown — with evidence of reasonable and probable grounds asking the court to authorize a charge against a person they believe committed a crime.

The charge was approved to proceed to trial by a provincial court judge last year.

Further trial dates are to be set early next month.

erik.pindera@freepress.mb.ca