Landmark Case Centers on Manitoba Farm’s Role in Horse Shipment

A pivotal provincial court trial examines whether a Manitoba farm bears responsibility for events during an air shipment of live horses to Japan for slaughter. Witnesses testified on Thursday at the outset of proceedings over the December 2022 flight from Winnipeg.

Animal Justice, leading the uncommon private prosecution, claims the shipment breached federal Health of Animals Regulations by surpassing the 28-hour limit for transporting live horses without food, water, or rest. The 28-hour clock starts when animals depart the farm.

Delays and Re-Routing Challenge Contingency Plans

Delays at Winnipeg airport preceded a re-routing of the flight, as blizzard conditions blocked a planned stop in Anchorage, Alaska. Prosecutors argue the exporter, Carolyle Farms, lacked an adequate contingency plan for such unforeseen issues that could cause animal death, injury, or suffering.

Dr. Erika Spek, a veterinarian with the Canadian Food Inspection Agency (CFIA), testified that she questioned whether the airline had prepared a contingency plan. “Lyle Lumax, owner of Carolyle Farms, is not on that plane with those horses, but somebody has care and control over them, so somebody better know what to do,” she stated.

The CFIA confirmed three horses fell during the journey.

Exporter Bears Full Journey Responsibility

Kaitlyn Mitchell, director of legal advocacy for Animal Justice, asserts the exporter remains accountable for the entire trip. “The only person who’s really responsible for the entirety of the journey, the only company, is the export company. They deal with the entirety of the journey, not individual legs,” she said outside court. “The purpose of this statute is to protect animals, and animals are at risk from the start of that journey until the very end.”

Animal Justice campaigns to ban the horse meat industry.

Advocates Demand Justice and Export Ban

Animal rights supporters protested outside Winnipeg’s law courts during the lunch break. Danae Tonge, organizer of Manitoba Animal Save, calls for a guilty verdict against the exporter and fulfillment of the federal government’s 2021 pledge to halt live horse exports for slaughter. “We want some justice for those horses that suffer, and all the horses that are flown out of Winnipeg, out of Calgary and out of Edmonton airports,” she said.

The groups first lodged a complaint with the CFIA over the incident, but no penalties followed, prompting the private prosecution.

CFIA Officials Detail Oversight Decisions

Dr. Max Popp, another CFIA veterinarian, explained he approved the flight’s re-route to Seattle, deeming it the best option for the horses. “We don’t put a stamp of approval on it, but my role is to prevent unnecessary injury, illness and harm to the animals,” he told the court.

Erin Butterfield, then an inspection manager with the CFIA, emphasized the need for contingency plans from all involved parties, including Sea Air International Forwarders, the airline handling transport.

The defense presents no witnesses. Closing arguments occur Friday.