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