Defence says case against farmer who shipped horses to Japan falls short

The lawyer for a Swan River-area farmer accused of breaking the law in relation to a 2022 air shipment of horses has argued the private prosecutor handling the case failed to prove violations were committed.

Animal Justice took the rare step of obtaining judicial approval in 2024 to privately prosecute Carolyle Farms over the Dec. 12, 2022 air shipment of 79 horses from Winnipeg’s airport to Japan for slaughter, where the meat is sold raw as a culinary delicacy.

The charge, laid by Animal Justice executive director Camille Labchuk, alleges the company failed to have a sufficient contingency plan to provide food, water and rest to the horses when the shipment was diverted from its planned rest stop in Alaska due to a snowstorm.

The case went to trial Thursday. Private prosecutor Dan Stein called three officials from the Canadian Food Inspection Agency, who were involved in the export process, to testify in front of provincial court Judge Sandra Chapman.

On Friday, Carolyle Farms’ defence lawyer Lindsay Mulholland argued the evidence indicates the others involved in the shipment, including the airline, Korean Air, the shipper, Sea Air International Forwarders, and the Japanese company that purchased the horses, were also obligated to have contingency plans when they had control of the horses.

“The prosecution called three witnesses… and did not establish that it was in fact, and beyond a reasonable doubt, the responsibility of Carolyle Farms Ltd. to have a governing contingency plan for the entire journey, including the portion of transportation that was handled by Korean Air,” Mulholland said.

She pointed to the evidence of one of the witnesses, Dr. Erika Spek, a veterinarian who works out of the Dauphin CFIA office, who said the airline was responsible for a contingency plan when the plane was in the air.

“Reasonable doubt has been established,” said Mulholland.

The farm’s contingency plan covered transport from Swan River to the airport in Winnipeg, court was told.

Federal legislation dictates live horses are allowed to be in transport without food and water for 28 hours and the animal-welfare group says that limit was exceeded, although the Canadian Food Inspection Agency signed off on the plan, which was, on paper, meant to take 30 hours.

Chapman will issue her decision at a later date.

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

The animal-welfare group started the private prosecution process after its complaint to the food inspection agency resulted in no action.

erik.pindera@freepress.mb.ca