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CONVICTED: Was justice served?
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Case #6283 Rating: 4.8 out of 5
Sunday, May 30, 2004
Disposition: Convicted
Defendant/Suspect: Funk's Livestock Transport Ltd
Funk's Livestock Transport Ltd. of Steinbach, Manitoba pleaded guilty on October 4th, 2004 in the Ontario Court of Justice in Barrie to a charge brought by the Ontario SPCA under the Dead Animal Disposal Act, for moving a fallen animal before it had been humanely killed. The company was fined $2,000.00, the current maximum.
Ontario's Dead Animal Disposal Act requires that fallen animals are humanely euthanized, and not moved until the animal is euthanized. A fallen animal is one disabled by disease, emaciation or other condition that is likely to cause death.
Ontario is a common destination for sheep from Western Canada. Problems have been identified due to the length of transport from the west. In this case a load of sheep was transported from the Foam Lake, Saskatchewan area to a stockyard north of Toronto.
On May 30th, 2004, the driver reported a dead lamb to the stockyard staff and was told to dispose of it on the manure pile. The lamb, however, was still alive. It was dumped by the employee of Funk's Livestock Transport Ltd. on the manure pile, and left there to die. Ontario SPCA Livestock Inspector Doug Rombough found the lamb there the next day, and humanely euthanised it immediately.
Rombough's investigation determined that a truck operated by Funk's carried the lamb from Saskatchewan to Ontario. He could not, however, identify the driver of the truck. As corporations are responsible for the actions of their employees, Funk's Livestock Transport Ltd. was charged.
By pleading guilty, a second charge of moving a non-ambulatory animal without a veterinary examination contrary to the Ontario Regulation 732/94 under the Livestock and Livestock Products Act was withdrawn.
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