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Transport Company
Pleads Quilty to Animal Welfare Violation
Ontario Society for the Prevention of Cruelty to Animals
Media Release,
October 5, 2004
Newmarket, Ont. Funks Livestock Transport
Ltd. of Steinbach, Manitoba
pleaded guilty on October 4th, 2004 in the Ontario Court
of Justice in
Barrie to a charge brought by the Ontario SPCA under
the Dead Animal
Disposal Act, for moving a fallen animal before it had
been humanely killed.
The company was fined $2,000.00, the current maximum.
Ontarios Dead Animal Disposal Act requires that
fallen animals are humanely
euthanized, and not moved until the animal is euthanized.
A fallen animal is
one disabled by disease, emaciation or other condition
that is likely to
cause death.
Ontario is a common destination for sheep from Western
Canada. Problems have
been identified due to the length of transport from
the west. In this case a
load of sheep was transported from the Foam Lake, Saskatchewan
area to a
stockyard north of Toronto.
On May 30th, 2004, the driver reported a dead lamb
to the stockyard staff
and was told to dispose of it on the manure pile. The
lamb, however, was
still alive. It was dumped by the employee of Funks
Livestock Transport
Ltd. on the manure pile, and left there to die. Ontario
SPCA Livestock
Inspector Doug Rombough found the lamb there the next
day, and humanely
euthanised it immediately.
Romboughs investigation determined that a truck
operated by Funks carried
the lamb from Saskatchewan to Ontario. He could not,
however, identify the
driver of the truck. As corporations are responsible
for the actions of
their employees, Funks Livestock Transport Ltd.
was charged.
By pleading guilty, a second charge of moving a non-ambulatory
animal
without a veterinary examination contrary to the Ontario
Regulation 732/94
under the Livestock and Livestock Products Act was withdrawn.
This case highlights the fact that transport
companies and their employees
must take full responsibility for ensuring the welfare
of the animals that
are being transported, said Rombough. Disregard
of legal requirements for
compromised animals like the fallen lamb will not be
tolerated by the
Ontario SPCA, or by the courts. Formerly Enforcement
Coordinator for the
Alberta SPCA, Rombough demonstrates the increased focus
of the Ontario SPCA
on farm animal issues. In addition to his duties at
the stockyards, Rombough
is available on an on-call basis to advise Ontario SPCA
Agents and
Inspectors on agricultural issues and to assist in agricultural
investigations.
A recent review of the Ontario Meat Inspection System
by Justice Roland
Haines, initiated after allegations arose regarding
a southern Ontario
abattoir, contains 113 recommendations, many of which
have an animal welfare
component.
Significant is the recommendation for the implementation
of provincial
Livestock Transport Regulations based on the Alberta
model, the continuation
of the pilot project under which Ontario SPCA Inspectors
conduct inspections
at stockyards, and increased oversight at the livestock
sales barns.
As a registered charity the Ontario SPCA continues
to provide a service to
the animals and people of Ontario. The Societys
Agents and Inspectors
investigated over 15,000 incidents in 2003, laying almost
500 charges,
seizing over 5,000 animals and issuing over 1,700 Orders.
To report suspected animal abuse call the Ontario SPCA
at 1-888-ONT-SPCA
(668-7722) extension 1, Crime Stoppers at 1-800-222-TIPS
(8477), your local
Ontario SPCA Branch, affiliated humane society or police.
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