Animal Activists Appeal Break-and-Enter, Mischief Convictions and 30-Day Jail Sentences for Exposing Animal Cruelty at Excelsior Hog Farm | Canada News Media
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Animal Activists Appeal Break-and-Enter, Mischief Convictions and 30-Day Jail Sentences for Exposing Animal Cruelty at Excelsior Hog Farm

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Appeal Factum Highlights Errors by Trial Judge, Including Blocking Key Evidence and Preventing Viable Defences, as Today Marks the Fourth Anniversary of Civil Disobedience Action
VANCOUVER, BC – An appeal was filed Wednesday with the BC Court of Appeal in the case of two animal activists convicted last July of break-and-enter and mischief for their role in exposing animal cruelty at Excelsior Hog Farm in Abbotsford, BC. Amy Soranno and Nick Schafer received a 30-day jail sentence in October, but both were granted bail pending their appeal.

Today marks the fourth anniversary of the day Soranno, Schafer, and scores of others were arrested on April 28, 2019, following an occupation of Excelsior Hog Farm in a civil disobedience action organised by Meat the Victims. The Crown decided to only proceed against Soranno, Schafer, and fellow activists Roy Sasano and Geoff Regier, who together are known as the Excelsior 4. All four were charged with more than 20 indictable offences, but Regier’s charges were dropped after a pretrial hearing in May 2022, and Sasano was acquitted at trial.

In the appeal factum filed this week, Soranno and Schafer argue that BC Supreme Court Justice Frits Verhoeven made errors in law by blocking them from showing the jury video evidence of animal cruelty at Excelsior, including footage the activists were accused of exposing. Furthermore, Justice Verhoeven prevented Soranno and Schafer from arguing that the hog farm had engaged in unlawful animal abuse, eliminating any possibility of arguing that Soranno and Schafer believed their actions to be lawful. According to the factum, Justice Verhoeven also incorrectly admitted prejudicial testimony from a veterinarian who claimed that the activists had violated biosecurity protections despite no evidence that this had occurred.

The factum accuses Justice Verhoeven of erring in not staying the proceedings based on lost evidence. It was revealed during trial that the Abbotsford police had both lost and destroyed crucial evidence central to the activists’ case. Three hidden cameras were found at Excelsior Hog Farm in March 2019, along with SD cards containing hundreds of hours of video evidence, some of which depicted criminal animal abuse, according to the Excelsior 4. Instead of ensuring the preservation of this evidence during an active investigation, the SD cards mysteriously went missing while in police custody. Then, in August 2019, for no apparent reason, the Abbotsford police ordered the destruction of all three cameras the activists were accused of planting in the hog farm. Police records show that the evidence destruction occurred soon after Regier emailed the BC Society for the Prevention of Cruelty to Animals (BCSPCA)—the sole agency tasked with animal agriculture enforcement—to let them know that the cameras in police possession contained evidence of animal abuse.

Another argument central to the appeal is that Justice Verhoeven erred in his instructions to the jury by not limiting the testimony of Dr. David Dykshorn, a veterinarian who attended at the farm on the day of the protest. Dykeshorn’s testimony discussed biosecurity at length and left jurors with a false impression that the activists had put the pigs’ health at risk, a claim that was never proven in court. The threshold for admitting expert testimony is high and the court typically does not allow witnesses to testify to their opinions. The opinion of an expert witness is only necessary if the subject matter is beyond the common understanding of the trier of fact, and must be controlled and handled carefully.

“The prejudicial nature of Dr. Dykshorn’s testimony during trial, and the judge’s jury instruction to use Dykshorn’s testimony ‘without restraint’ in reaching a verdict, warrants a new trial,” wrote Peter Sankoff, the appellate lawyer for Soranno and Schafer, in the factum.

The factum also disputes Justice Verhoeven’s interpretation of “lawful use” in deciding whether the appellants’ actions interfered with the lawful use of the hog farm property. For a jury to convict on a mischief charge, the Crown must show that a defendant obstructed, interrupted, or interfered with the lawful use and enjoyment of their property. In determining lawful use, Verhoeven claimed that the treatment of farm animals at the hog farm was irrelevant, thereby blocking a ‘colour of right’ defence and disregarding important evidence of their motivation for entering the farm property.

The appellants also argue that they were prevented from using the necessity defence, which would have allowed Soranno and Schafer to argue that their actions were necessary to prevent a greater harm to animals from occurring. The appellants further argue that their actions were necessary to expose the animal abuse and neglect taking place at Excelsior Hog Farm, and that the trial judge erred in not considering this defence. Instead, Justice Verhoeven claimed that the activists had a “political agenda” in seeking to publicize the video evidence of animal cruelty, thereby using irrelevant considerations in determining whether certain evidence should be admissible at trial.

“Animal agriculture is an entirely hidden industry, with zero transparency and accountability,” said Soranno. “Because the BCSPCA cannot make unannounced inspections of animal farms without a warrant, their ability to prevent or curb animal abuse is extremely limited. Even when the BCSPCA is provided with video evidence of abuse, like the footage of Excelsior Hog Farm, they still fail to prosecute the abusers.” The Excelsior 4 and other animal activists are demanding an enforcement agency that adequately protects animals and is accountable to the public. The BCSPCA and animal activists are united in calling for the BC Ministry of Agriculture to implement publicly monitored CCTV cameras in all slaughterhouses. “We will continue to fight for animal rights and to hold accountable those responsible for animal cruelty,” continued Soranno.

Soranno and Schafer seek to set aside their convictions and request a new trial. An appeal hearing will be scheduled in the coming weeks.

Appellants Amy Soranno and Nick Schafer are available for interviews. Contact Kris Hermes at 604-228-9993 or krishermes@earthlink.net to arrange an interview.

Additional information can also be found at the Excelsior 4 website: www.excelsior4.org.

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Carolina Panthers’ early-season struggles not surprising to Proline players

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It has been a difficult start to the NFL season for quarterback Bryce Young and the Carolina Panthers.

Carolina has dropped its opening two games after Sunday’s 26-3 loss to the Los Angeles Chargers. And Young, the first player taken in the ’23 NFL draft, was 18-of-26 passing for 84 yards with an interception while being sacked twice.

As a result, veteran Andy Dalton will start Sunday when Carolina faces the Las Vegas Raiders (1-1).

According to the Ontario Lottery and Gaming Corp., the Chargers’ win was the most accurately predicted moneyline selection by Proline bettors. A whopping 92 per cent of wagers were on Los Angeles beating Carolina with 92 per cent also picking the Chargers to cover -4.5.

In other action that went in favour of Proline bettors: Kansas City edged Cincinnati 26-25 (86 per cent correctly selected the Chiefs to win); Houston got past Chicago 19-13 (81 per cent); the New York Jets defeated Tennessee 24-17 (78 per cent); Pittsburgh beat Denver 13-6 (76 per cent), Washington beat the New York Giants 21-18 (73 per cent); and Seattle toppled New England 23-20 (62 per cent).

However, only five per cent of bettors had the Raiders upsetting Baltimore 26-23.

And there was one winner of Proline’s second week main NFL pool of $407,613.

In NFL futures bets after the second week of the season, the odds for offensive player of the year got shorter for running backs Breece Hall (Jets) and Bijan Robinson (Atlanta) and Detroit receiver Amon-Ra St. Brown. But they got longer for running backs Kyren Williams (Rams), Christian McCaffrey (San Francisco) and Jonathan Taylor (Colts).

Quarterbacks Bo Nix (Denver), Jayden Daniels (Washington) and Caleb Williams (Chicago) all had their odds for offensive rookie of the year go up while they went down for running back Ray Davis (Buffalo), tight end Brock Bowers (Raiders) and receiver Malik Nabers (Giants).

Quarterbacks Patrick Mahones (Chiefs), Aaron Rodgers (Jets) and Jalen Hurts (Eagles) all had their odds for regular season MVP go up. But quarterbacks Jordan Love (Packers), Lamar Jackson (Baltimore) and Joe Burrow (Cincinnati) all saw theirs go down.

Kansas City, Philadelphia and Houston had their Super Bowl odds increase while Green Bay, Baltimore and Cincinnati all decreased.

Not surprising, the week’s top events were all NFL games. In order, they were; Buffalo-Miami, Chicago-Houston, Cincinnati-KC, Raiders-Ravens; and Saints-Cowboys.

A Proline retail player cashed in a $26,183 winner from a $10 bet on a 12-leg major-league baseball parlay. Another won $24,602 from a $10 wager on a 12-leg NFL parlay.

A third received $1,737 from a $3 bet on a six-leg NFL parlay.

A digital bettor earned $2,927 from a $25 bet on a five-leg NFL parlay while a second had a $704.35 return from a $1 wager on a seven-leg NFL parlay.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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Detroit Lions coach Dan Campbell is selling his house to seek more privacy

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BLOOMFIELD HILLS, Mich. (AP) — Lions coach Dan Campbell is selling his suburban Detroit home to get more privacy.

“There’s plenty of space, it’s on two acres, the home is beautiful,” Campbell told Crain’s Detroit Business. “It’s just that people figured out where we lived when we lost.”

He didn’t elaborate.

Campbell and wife Holly listed the 7,800-square-foot house in Bloomfield Hills for $4.5 million this week. A deal was pending within 24 hours, Crain’s reported.

Campbell was hired by the Lions in 2021. After a 3-13-1 record that season, the team has become one of the best in the NFL, reaching the NFC championship game last January.

Campbell’s home was built in 2013 for Igor Larionov, a Hockey Hall of Fame member who played for the Detroit Red Wings.

The likely buyers are “huge” Lions fans, said Ashley Crain, who is representing Campbell and the buyers in the sale.

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AP NFL:

The Canadian Press. All rights reserved.



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How to recoup costs when you travel to an event that gets cancelled

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Ariella Kimmel and Mandi Johnson were grabbing a bite to eat in Vienna, when their August trip to the Austrian capital was upended.

The Canadian duo had travelled to the city to see Taylor Swift in concert only to learn her shows would be cancelled because of two men plotting to launch an attack on fans outside the venue, Ernst Happel Stadium.

While Kimmel and Johnson were disappointed they weren’t going to be able to see Swift perform, they made the most of the remainder of their trip. However, the experience serves as a buyer’s beware for Canadians considering jet setting to see their favourite artists or teams.

“If you’re travelling to these concerts, it’s really hard to protect yourself,” said Kimmel, a Toronto-based vice-president at a public affairs firm who had previously travelled with Johnson to see Swift in Las Vegas, Nashville and Stockholm.

Such trips can make lifelong memories when they go off without a hitch, but cancellations and rescheduled events are common because of artist illnesses, poor ticket sales, security threats, unruly weather and natural disasters.

In the last year alone, Jennifer Lopez and the Black Keys scuttled touring plans after tickets had been sold, while Bruce Springsteen, Usher and Pink had to tell fans they couldn’t take the stage mere hoursbefore show time.

Between airfares, hotels, travel expenses and tickets, last-minute cancellations can leave globe-trotting eventgoers out hundreds, if not thousands, of dollars.

“Regrettably, unpredictability has always been a reality of the industry but it’s increasingly common that there might be things that are going to interrupt your plans, especially plans that you’re really excited about,” said Jenny Kost, the Calgary-based global director of strategic sales initiatives at Corporate Traveller Canada.

“It’s a tricky one because the airline or hotel understands the reason behind your travel but its likelihood of happening or not happening is a little bit outside of their purview.”

Because Swift is known to power through shows even when sick, Kimmel never imagined a concert she was headed to would ever be cancelled, but she always booked plane tickets and hotels that could be rescheduled or refunded — a move she recommends to others travelling for events.

“It’s like common sense, you never know what’s going to happen,” Kimmel said.

However, making use of the rescheduling and refund options her hotel booking and airline tickets had weren’t an option for Kimmel this time because she had already been in Austria for a few days and had very little of her stay left when Swift cancelled.

Had the show been nixed before Kimmel left home, the flexibility baked into the bookings would have been useful, though Kost said such arrangements aren’t cheap.

“There is a cost associated with that that’s not insignificant,” she warned, estimating these kinds of bookings can add hundreds of dollars to your bill and have lots of quirks in the fine print.

The better bet is travel insurance, Kost said. It’s often cheaper than flexible fares and hotel bookings and can reimburse customers for accommodations and flights they have to drop or swap when an event gets cancel or an emergency strikes.

Kost opted for such insurance when she journeyed to Paris to see Swift over the summer and bought it again in a cab on her way to Mexico for a wedding. The insurance cost her about $150 for a week, but when she had to extend her stay because she fell ill, it covered the cost of all of her accommodations.

She doesn’t encourage people to wait until the last minute to buy the insurance like she did because buying it early can provide some reprieve when an event you’re travelling to is cancelled well in advance.

Travel costs aside, people heading out-of-town for events that wind up cancelled also have to consider whether they will get the money they spent on entry fees and tickets back.

In Kimmel and Johnson’s case, they paid Ticketmaster about $300 per seat. They learned just after the cancellation that they would be refunded — but not for an $85 transaction fee they were charged when purchasing the tickets.

“We paid $85 to not see her but I guess that in the grand scheme of what we were going to pay, it’s not a lot at all,” Kimmel said.

They did not opt to buy insurance on their tickets, which Ticketmaster offers through Allianz Global Assistance for $8, plus tax. Allianz’s vice-president of marketing and insights Dan Keon said the insurance offers coverage up to $1,000 per ticket.

In addition to offering refunds if an event is cancelled by a venue or promoter, the coverage can provide a reimbursement for a variety of situations. Those include if you are facing a serious medical issue or death, have a family member in life-threatening condition, are summoned by the military or are delayed in arriving at the venue because of a common transportation carrier.

If you’re going to opt into the insurance, Keon said review the terms ahead of time, so you understand exactly what scenarios you will be covered in.

The insurance, for example, can’t be used in the event of a pandemic, war or natural disaster.

This report by The Canadian Press was first published Sept. 19, 2024.



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