Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Appeal lost for obstructionist farmers

Tuesday, February 9, 2016

In July of 2014, Burford cattle farmers  Richard (Butch) Clare and Jeffrey  Clare, were convicted of hindering or obstructing a provincial offences officer, contrary to the Nutrient Management Act. The older Clare was fined $8,000 and put on probation for eight months; his son, Jeffrey Clare, was fined $1,000.

They appealed on two grounds; the first being that even though the Clares' truck blocked the laneway out of the farm, the environment ministry inspectors could have driven around. The second was "based on a prior pattern of inspections conducted on their properties, in which the ministry provided advance notice and made arrangements to conduct inspections at a mutually agreeable time." Both grounds were rejected.

Last November, on the London-based Siskinds law firm website, lawyer Paula Boutis wrote: "The appeal court found no reason to disturb the trial judge's finding of fact that the officers could not leave, but in any event, the court noted that 'it is not necessary that the act completely frustrate the officers. Any act that makes it more difficult for them to carry out their duties is an obstruction.'"

Regarding the second ground for appeal, Boutis wrote: "For the regulated community, it is important to understand that most environmental statutes authorize inspections on private property. These inspections need not be announced or pre-arranged. Investigations – in which officers are attempting to gather evidence for a prosecution – are another story. In those cases, investigators require warrants, except in exigent circumstances, to enter onto a property." BF

Current Issue

June/July 2025

Better Farming Magazine

Farms.com Breaking News

Ontario crops respond to summer heat

Wednesday, July 2, 2025

According to the OMAFA Field Crop News team, Ontario field crops are showing rapid development as summer-like temperatures have dominated late June early July. The warm spell has accelerated growth and helped reduce the heat unit deficit from a cool spring. Corn fields have seen a burst... Read this article online

Canada’s Place in Global Food System Resilience

Wednesday, July 2, 2025

Canada’s food system is facing serious pressure due to global supply chain issues, climate change, and rising food prices. According to a KPMG report, bold and united action is needed now to make Canada’s agriculture sector more resilient and self-reliant. With the global population... Read this article online

Calf Auction Raises Funds for Youth

Monday, June 30, 2025

Wyatt Westman-Frijters from Milverton won a heifer calf named Ingrid through a World Milk Day promotion by Maplevue Farms and a local Perth, Ontario radio station. Instead of keeping the calf, 22-year-old Westman-Frijters chose to give back to the community. The calf was sent to the... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2025 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top