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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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.

Friday marked 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 Wednesday, 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. Dykshorn’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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Photo Credit: Suzanne Goodwin

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Voters head to polls in quickly called eastern Ontario byelection

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BELLEVILLE, Ont. – Polls are set to soon open in the eastern Ontario riding of Bay of Quinte, where voters will pick their next representative in the provincial legislature.

It’s a byelection with a quick turnaround, as it takes place just one month after cabinet minister Todd Smith resigned the seat.

Smith won four successive elections in the region, securing nearly 50 per cent of the vote in the last two elections, but some experts and polls suggest it may be a closer race this time around.

The top two contenders appear to be Progressive Conservative candidate Tyler Allsopp and Liberal candidate Sean Kelly, both municipal councillors in Belleville.

The Tories did not make Allsopp available for an interview, but both Kelly and NDP candidate Amanda Robertson said the top issue they are hearing about in the riding is health care, in particular a shortage of family doctors.

Just over eight per cent of eligible voters in Bay of Quinte cast their ballot in advance, compared to 13 per cent in advance voting for the 2022 general election.

Respiratory therapist Lori Borthwick is running for the Greens.

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

The Canadian Press. All rights reserved.



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Pressure still on oilsands sector despite silence after greenwashing law: think tank

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CALGARY – Canada’s oilsands industry remains under pressure to reduce its greenhouse gas footprint, even as companies have clamped down on public communications in the wake of new anti-greenwashing legislation.

The Pathways Alliance — a consortium of six companies that have jointly committed to achieving net-zero greenhouse gas emissions from oilsands production — has been largely silent since June, when the federal government passed an amendment to Canada’s Competition Act containing a new anti-greenwashing provision.

But clean energy think tank the Pembina Institute said concerns about the new law shouldn’t prevent Pathways from pulling the trigger on its proposed $16.5-billion carbon capture and storage project.

“(The greenwashing legislation) doesn’t preclude things like announcing final investment decisions on carbon capture projects or emissions reduction projects,” said Matt Dreis, the think tank’s senior oil and gas analyst.

“If we want to be leaders in that sector, we’re going to need to get projects like this across the finish line.”

It’s been three years since the Pathways Alliance first proposed building a massive carbon capture and storage network in northern Alberta to help reduce emissions from oilsands sites. While it has submitted a number of regulatory applications, the consortium has not yet given the project an official green light in the form of a final investment decision.

The industry group also removed virtually all of its content from its website after the passage of new greenwashing rules, which require corporations to provide evidence to support their environmental claims.

The bill’s wording says businesses must not make claims to the public about what they are doing to protect the environment or mitigate the effects of climate change unless those claims are based on “adequate and proper substantiation in accordance with internationally recognized methodology.”

In an emailed statement this week, Pathways Alliance president Kendall Dilling said the group continues to pursue its major project and is working with federal and provincial governments “to determine the most appropriate way to enable large investments into major projects such as ours.”

“The new law does not change the intent of Pathways Alliance nor the work we are doing,” Dilling said.

“However, the changes to the Competition Act do make it more difficult to publicly discuss our work, due to the vagueness of the law.”

A newly released survey by ATB Capital Markets found 53 per cent of oil and gas producers polled said the new anti-greenwashing rules in the Competition Act will be “very impactful” to their company’s environmental reporting practices.

The survey — conducted between Aug. 28 and Sept. 9 — also found a sizable reduction in the willingness of energy companies to invest in environmental technologies based on an ESG mandate over the next year. Just 17 per cent of respondents noted intentions to invest, down from 34 per cent in the spring 2024 survey.

Dreis said the lack of a final investment decision thus far from the Pathways Alliance is concerning given the oilsands industry is Canada’s heaviest-emitting sector and carbon capture and storage projects are already going forward elsewhere.

In June, Shell approved two projects that will capture and store carbon emissions from its Scotford refinery near Edmonton. In July, Strathcona Resources announced a partnership with the Canada Growth Fund that will see the federal entity contribute up to $2 billion in funding for the company’s carbon capture projects in Cold Lake and Lloydminster.

The Shell and Strathcona announcements came in the wake of the federal government’s finalization of an investment tax credit for carbon capture and storage projects, something heavy emitters such as the Pathways group had lobbied heavily for. But Dreis said it’s clear now the tax credit on its own isn’t enough to compel broad-based action by industry.

“We were hoping to see some more announcements regarding carbon capture projects moving forward after that was announced,” Dreis said, adding that is why Pembina supports the federal government’s proposed legislated cap on emissions from the oil and gas sector.

“It seems like the key pieces aren’t in place yet, so hopefully we can find a solution and start getting meaningful emissions reduction from this sector.”

The Pathways Alliance has previously said its carbon capture and storage network could help its member companies achieve a 32 per cent reduction from 2019 emissions levels by 2030. Dilling said last March that he is hopeful a final investment decision will be made before the end of 2025, with construction beginning in 2026.

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

The Canadian Press. All rights reserved.



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New Brunswick Premier Blaine Higgs expected to call provincial election today

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FREDERICTON – A 33-day provincial election campaign is expected to officially get started today in New Brunswick.

Progressive Conservative Premier Blaine Higgs has said he plans to visit Lt.-Gov. Brenda Murphy this morning to have the legislature dissolved.

Higgs, a 70-year-old former oil executive, is seeking a third term in office, having led the province since 2018.

The campaign ahead of the Oct. 21 vote is expected to focus on pocketbook issues, but the government’s provocative approach to gender identity issues could also be in the spotlight.

The Tory premier has already announced he will try to win over inflation-weary voters by promising to lower the harmonized sales tax by two percentage points to 13 per cent if re-elected.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon, both of whom are focusing on economic and social issues.

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

The Canadian Press. All rights reserved.



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