Private prosecution trial of Manitoba live-horse exporter adjourned

A two-day trial for a Manitoba farm that exports live horses was adjourned Monday after the defence successfully argued a late disclosure of documents could negatively affect their ability to properly cross-examine an expert witness and defend their client.

It's believed to be the first case of the rarely-used private prosecution connected to farmed animals.

A private citizen applied for a charge to be laid against Carolyle Farms, a live-horse exporter in Swan River, Man., and a judge granted the request last year.

The case involves an air shipment of live horses from Winnipeg to Japan in December 2022. The plane was scheduled to stop for a crew change and refuelling in Anchorage, Alaska, but it had to find an alternate route due to a blizzard.

Combined with delays in Winnipeg, it's alleged the shipment exceeded the 28-hour maximum time live horses can be transported without food, water and rest.

In February 2024, a provincial court judge allowed one charge to be laid against Carolyle Farms.

The charge was brought forward by Camille Labchuk, the executive director of the non-profit Animal Justice, and falls under a section of Canada's Health of Animals Regulations, which requires a contingency plan in cases where unforeseen circumstances or delays could lead to an animal's death, injury or suffering.

On Monday, provincial court Judge Stacy Cawley granted Labchuk's lawyer Dan Stein's request to amend the wording of the charge from "failed to implement a contingency plan" to "failed to have a contingency plan."

In asking for an adjournment on the day the trial was set to start, defence lawyer Lindsay Mulholland raised concerns about the late disclosure of some documents last week and Sunday evening. 

In particular, the discussion centred around the prosecution's notes that include details about the advocacy of their animal welfare expert witness, Renee Bergeron, such as petitions she has signed in favour of changing legislation surrounding the export of live horses.

Mulholland argued she needed more time with the information to prepare for her cross-examination of the witness.

Judge Cawley granted the adjournment, saying it came down to fairness.

"I appreciate from the private prosecutor's perspective, some of the information may be easy to digest with a view to moving the matter forward," Cawley said. "However, it is a dangerous practice for the court to assume that they know and understand any strategy decisions and considerations that defence wishes to make."

"The recent information concerning the proposed expert and the degree of her advocacy raises, it's obviously potentially relevant to independence and impartiality concerns that govern expert opinion evidence."

The decision to adjourn the trial was disappointing to Labchuk.

"We were very concerned that the CFIA [Canadian Food Inspection Agency] did not enforce laws designed to protect horses during transport," Labchuk said outside the law courts in Winnipeg.

A group of animal welfare organizations — including Animal Justice, the Winnipeg Humane Society, the Canadian Horse Defence Coalition and Manitoba Animal Save — had initially filed a complaint with the Canadian Food Inspection Agency about the alleged incident, but it ended without penalty, which is what prompted the group to pursue private prosecution.

New dates for the trial will be set in early June.