CFIA faces trial over transport of horses to Japan for human consumption

The treatment of horses transported overseas for slaughter and human consumption is at the heart of a two-day Federal Court trial which kicked off in Vancouver Wednesday.

The Canadian Horse Defence Coalition claims the Canadian Food Inspection Agency (CFIA) is not following rules that require horses to be segregated and given ample head room during long-haul overseas flight to Japan.

The coalition is seeking a judicial review of the agency's pre-flight inspection practices along with an order that would compel the CFIA to comply with the Health of Animals Regulations in approving horse transport.

"To the best of my knowledge, this is the first time that an animal protection organization has challenged the Canadian federal government over the transportation of animals in Canada," coalition lawyer Rebeka Breder said in her opening statement.

"This case, in my submission, can have significant implications on future government decisions and the CFIA specifically, where their ongoing practice or policy is in direct contravention to existing law."

Compatibility of animals in question

The coalition filed the suit last year, claiming the inspection agency is following the guidelines of an interim policy introduced in 2017, instead of the sections of the Health of Animals Regulations which govern the transport of horses.

CFIA inspector-veterinarians have to ensure that all legal requirements are met before the horses can be shipped off to Asia.

But Breder says the agency is side-stepping the regulations by claiming horses don't need to be segregated if they are "compatible" animals and that a horse's head or ears can touch the cargo netting above its head during air transport.

In its defence, the CFIA rejects the coalition's allegations. The agency also claims that new rules set to kick in next year make the case "moot."

"The CFIA's role, on the facts of this case, is to determine whether the horses are healthy for export and are being safely transported," the agency said in a filing with the court.

"There is no requirement on the CFIA to obtain a particular enforcement result, and it is well recognized that perfection in enforcement can never be more than an unattainable goal.

"No agency 'above the law'

Breder said the animals in question are mostly large Belgian draft horses, and they require room.

"We're not talking about little ponies," she said. "We're talking about big strong animals."

She also claimed that while draft horses may appear compatible with each other before being shipped overseas, they may become incompatible under the stress of a long flight.

The Canadian Horse Defence Coalition is dedicated to banning the slaughter of horses for human consumption in Canada and the export of live horses for the same purpose.

But Breder said their aim in the Federal Court case is limited to ensuring that the horses are transported humanely.

"No government agency is above the law," coalition executive director Sinnika Crosland said outside the courtroom.

Crosland said her group doesn't want to see horses "crammed" into crates.

"If they're going to ship them, they should put them singly in a crate," she said.

"What they would need to do is make the crates high enough so the horses' heads aren't touching the ceiling, so they can comfortably raise their heads and not bang their heads or their ears up against the ceiling."