Outdoor Pursuits

I wrote about Ag-gag laws a few years ago after then Alberta Premier Jason Kenney announced plans to introduce new measures to protect farmers from illegal protests on their properties.

It all began when about 30 animal-rights activists spent the 2019 Labour Day at a southern Alberta poultry farm, illegally engaged in what they called a “liberation lockdown” for turkeys that were destined to be slaughtered for Thanksgiving dinners—even though the turkey farmers, Jumbo Valley Colony, were “fully regulated and followed all animal welfare and food safety standards”.

According to Wikipedia, “Ag-gag laws (agricultural gag) are anti-whistleblower laws that apply within the agriculture industry. The term ag-gag typically refers to state laws in the United States of America that forbid undercover filming or photography of activity on farms without the consent of their owner.”

After liberation lockdown, Premier Kenny introduced Bill 27, the Trespass Statutes (Protecting Law-abiding Property Owners) Act, which received royal assent on December 5, 2019.

“The Act strengthens protections for property owners and ensure trespassers face the proper consequences for their actions. It will:
● better protect law-abiding property owners from civil liability for injuries to criminal trespassers,
● increase maximum fines to deter trespassing,
● better protect farmers and ranchers from harassment and occupations by protesters, which are actions that risk introducing disease and threaten the welfare of animals.”

Shortly after, Ontario brought in its own ag-gag legislation under Bill 156, the Security from Trespass and Protecting Food Safety Act, which was also passed into law.

Of course, this didn’t sit well with the animal-rights activists. The Animal Protection Party of Canada who “run campaigns on a wide range of issues related to animals and social justice” stated, “In Canada, ag-gag laws are completely new territory, so it is uncertain how they will be challenged, but they certainly will. We do not have Freedom of Speech, but we do have Freedom of Expression and Freedom of Assembly in Canada, which are protected under Section 2 of the Charter of Rights and Freedoms.”

And then animal law advocacy organization, Animal Justice, launched (2021) a legal challenge arguing that the Act violates the Canadian Charter of Rights and Freedoms.

Okay, as I said back then, “Maybe I’m a dinosaur, but the Trespass Statutes (Protecting Law-abiding Property Owners) Act sounds reasonable to me.” And it still does. I’m pretty sure very few of us would like it if a bunch of animal-rights activists camped out on your front porch because they didn’t like the way you kept Cluck Norris and Henifer Aniston in your chicken coop.

“Alberta’s farmers and ranchers treat their animals well, and they have a right to run their operations without illegal harassment from militant trespassers,” said Kenney at the time.

Today, the Trespass Statutes (Protecting Law-abiding Property Owners) Act in Alberta still remains law.

But for how long?

In Ontario, a judge has ruled in favour of Animal Justice, who argued Bill 156 went against freedom of expression because they couldn’t tell the outside world what was happening inside a farm if they accessed that farm through a false pretence.

“The Act limits the mode of expression by preventing undercover exposes or even eyewitness descriptions of the conditions in which animals are raised or slaughtered if the person providing the description gained access to premises using false pretences.

“In light of the foregoing, I find that one of the purposes and one of the effects of the Act and the regulation is to infringe on the applicants’ freedom of expression,” wrote Judge Markus Koehnen.

Of course, animal-rights activists are now rejoicing, knowing they can, once again, under false pretense, enter private property.

According to Animal Justice, Manitoba is next, surely followed by Alberta.

For the previous Outdoor Pursuits article, click here.