by KRISTIAN PARTINGTON
It’s been more than a year since livestock trucker and farmer Frank DeBoer challenged the decision of a veterinary inspector to euthanize a lame cow at the Hagersville Livestock Auction Barn near Cayuga.
Earlier this month a Justice of the Peace at the Ontario Court of Justice in Cayuga found DeBoer guilty of one count under the Livestock Community Sales Act for obstructing an inspector in the course of duty. The livestock trucker must now pay a fine of $800 plus a victim fine surcharge of $125.
A provincial news release indicates that DeBoer prevented a veterinary inspector from euthanizing a lame cow that was not medically fit to be transported without undue suffering.
David Honey, president of the Niagara Landowners Association, which has been advocating on DeBoer’s behalf, says that despite the inspector’s assertion the cow was unfit for humane transport it managed to avoid harness before running from its pen when the gate was opened. Honey maintains the animal was fit for transport and simply needed a “pedicure.” It was later retuned to its owner and had its hoof trimmed. Ten days later it sold at auction without incident.
DeBoer could not be reached for comment.
Honey says DeBoer spoke on behalf of 16 other farmers on site who questioned the decision to euthanize the animal. DeBoer did not own the animal.
The case should never have reached the courts, Honey says. “All Frank was asking for was a second opinion and she (the inspector) wouldn’t give it to him.”
Honey says he’d like to see the Act changed to allow those who disagree with an inspector’s decision to appeal it on the spot in order to avoid unnecessary euthanasia.
Ontario Ministry of Agriculture, Food and Rural Affairs Regulatory Compliance Unit Manager Rodger Dunlop says there are no intentions to make changes to the Act at this time.
As it stands, livestock handlers have no option but to “abide by the inspector’s decision.”
“One of the purposes of the Livestock Community Sales Act is to monitor the humane handling of livestock,” he says. “The ministry takes its responsibility under the Act seriously.”
Dunlop declined comment on the specifics of the DeBoer case, noting he wasn't there so he wouldn't speculate.
Honey says his association and others across the province will continue to oppose the power bestowed upon inspectors to make decisions without input from experienced livestock handlers.
“If someone wants to wrongfully seize and destroy your property,” he said, “you should have the right to stop them and question their motives.” BF
Comments
The proper course of action would be for the 16 witnesses to launch a professional misconduct complaint about the Veterinarian to his/her professional ethics committee.
It isn't that there weren't witnesses, and witnesses who are experienced, and well-qualified cattle people. Therefore it would be hard for any professional ethics committee to whitewash the opinion evidence of up to 16 long-time, and well-respected, cattle people, especially since the animal seems to have been able to run away from the Veterinarian who claimed it was too lame to be allowed to live.
Veterinarians, like all professionals, make errors in judgement, and this one appears to have tried to bluff and/or bully his/her way through, and needs, for the good of the profession, to explain things to his/her governing body.
The result of any such hearing is that this, or any Veterinarian who makes doubtful decisions having the significant potential to adversely affect the reputation of the profession, can be put on probation and monitored by a supervisor appointed by the governing body of Veterinary medicine practitioners.
However, the most likely decision any Hearings Tribunal would make in this case, would be to strongly suggest to this particular Veterinarian, that he/she not do any sales barn work of this type in the future.
What has happened to Canada when a ruling like this bends the truth of reality of an animal walking away and latter being ok when its hoof trimmed, this is another example of how wrong agriculture is headed. If Omafra was any dammed good somebody would further investigate this and get something changed or admit what ever. Credability is shoot all to helln, where was OFA, crusifiction for standing up for common sense is wrong.
Shame on the system!
Way to go Frank!!! You did what others should have done as well! Prayerfully this will help change the law and more "inocent" animals dont get the "death penalty' for no real reason!!!
This whole mess would never have happened if the farmer would have trimmed the cow's hooves. Bottom line. End of story.
Nothing looks worse than an animal (sheep, goat, cow, horse, etc.) with overgrown hooves. Farmers can maybe tolerate it, and even convince themselves it is "ok", but Joe or Jill Public will see that, see that the cow is limping and go into panic overdrive. Call the Humane Society, call their MP, MPP, etc. Next thing you know the auction barn, vet working that day, the cow, are all on the 6 o'clock news and YOU TUBE wondering why this cow is in such "pain". Then ALL livestock farmers are painted with same brush. I don't want to be painted by that brush. I am a proud farmer, and take care of my animals. We should ALL do that.
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