By: Lara Yeung
PDF Version: The Silence of the Turkeys: What Does the Agriculture Industry Have to Hide?
Statute Commented On: Bill C-205, An Act to amend the Health of Animals Act, 2nd Sess, 43rd Parl, 2020 (as amended by Committee 21 June 2021)
In 2020, Parliament considered Bill C-205, An Act to amend the Health of Animals Act, 1st Sess, 43rd Parl, 2020 (as passed by the House of Commons on first reading 18 February 2020). Bill C-205 was introduced by Mr. John Barlow as a Private Member’s Bill in response to protests and farm occupations across Canada by animal activists (see Hansard). This version of Bill C-205 would have made it an offence for any person, “without lawful authority or excuse,” to enter a place in which animals are kept if it could result in the exposure of the animals to a disease or toxic substance (s 9.1). Bill C-205 purports to be concerned with biosecurity risks, however, its focus on punishing trespassers, including animal activists, ignores the evidence that shows biosecurity risks are not caused by trespassers but rather by poor farming practices (see Animal Justice, “Animal Advocacy or Animal Agriculture? Disease Outbreaks & Biosecurity Failures on Canadian Farms” (13 May 2021)). In a small victory for animal activists, Bill C-205 was amended on review by Committee to recognize that it may be farm owners and operators themselves who are responsible for these risks (see Bill C-205, An Act to amend the Health of Animals Act, 1st Sess, 43rd Parl, 2020 (as amended by Committee 21 June 2021) and Animal Justice, “Federal “Ag Gag” Bill Could Punish Negligent Farmers After Amendments at Committee” (22 June 2021)). This comment will examine similar provincial legislation that is sweeping across Canada, with an emphasis on the legislation enacted in Alberta in 2019.