Sales barn operator convictions termed a 'coincidence'

Wednesday, March 24, 2010

by BETTER FARMING STAFF

The manager of regulatory compliance in the Ontario Ministry of Agriculture, Food and Rural Affairs denies that there has been a spate of fines against sales yard operators and calls it a “coincidence” that sales barn operators in New Liskeard and in Aylmer were convicted of similar offenses within a couple of weeks of each other.

“We don’t get a lot of incidents where they end up in court, that’s for sure,” Rodger Dunlop says.

On Feb. 25, Bill Stewart, manager of the Temiskaming Livestock Exchange was fined in the Ontario Court of Justice in Haileybury after pleading guilty to one count under the Livestock Community Sales Act and two counts under the Food Safety and Quality Act. The charges related to October and November 2009 incidences involving moving a sick or injured cow in an inhumane manner, failing to euthanize a fallen animal promptly and failing to dispose of other livestock within 48 hours of death.

Stewart was fined $2,500 plus a victim fine surcharge of $625 for the count under the Food Safety Quality Act and received suspended sentences on the other two counts.

On Feb. 10, owners of the Aylmer Stockyards Inc., Michael Vannoord and James Doan, and their company were convicted in an Ontario Court of Justice in St. Thomas after pleading guilty to a total of four charges under the Livestock Community Sales Act.

Those charges stemmed from a June 24, 2009 sale of two cows that an Ontario Ministry of Agriculture, Food and Rural Affairs veterinarian had previously diagnosed as diseased and ordered to be returned to their consignor.
 
The business was fined $3,500 plus a victim fine surcharge for two counts under the Act. Vannoord and Doan received suspended sentences on one count each.
 
The ministry announced both February convictions yesterday. Dunlop attributed the unusual delay in the announcement to staff taking vacations. Dunlop notes that it was first time convictions for both operators.

Stewart says provincial livestock inspectors are cracking down on livestock auctions. “Everybody and their dogs are getting fines.”

Stewart says agriculture ministry inspectors have been ordering the destruction of about one animal every two weeks at his sales barn. The barn typically handles only 30-60 meat cows and 200 stockers and calves every week. “So it’s quite a lot.”

Dunlop says inspectors do monitor sales barns closely but he cannot confirm if there is a crackdown underway. “It’s not my program that is being run,” he says.

Mike Draper, the ministry’s Livestock Community Sales Act coordinator, referred inquiries to Brent Ross, the ministry’s senior communications advisor.

Ross says there were no charges laid in 2008. In 2009, 11 charges were laid resulting in five convictions, two suspended sentences and three fines totaling $5,000. No charges have been laid so far in 2010.

Of summonses issued last year at sales barns, six involved offering diseased livestock for sale and three involved stabling sick animals and healthy animals in the same area.

One charge each was related to moving a sick or injured animal by its head, horns neck, feet or tail. Another charge, involving obstruction of an inspector, is still before the courts.

Paul Stiles, assistant general manager of the Ontario Cattlemen’s Association, notes association representatives met with ministry inspectors in June 2009 in response to an incident in which a large number of animals, mostly cull dairy cows, were put down in one day at an auction.

Crystal Mackay, executive director of the Ontario Farm Animal Council, says a report delivered during a meeting with ministry officials two weeks ago indicated that the condition of cull cows arriving at sales barns has “definitely improved in the last six months.”

Wayne Small, owner of Cookstown-based Ontario Stockyards Inc., would not comment on whether he has had to deal with more orders from inspectors for putting animals down. “Anytime I get involved with inspectors and one thing and another, it’s always bad news to me,” Small says. “So I’m not even going to discuss this.”

Larry Witzel, owner of Waterloo-based Ontario Livestock Exchange did not respond to a request for an interview.

Vannoord calls his recent brush with the law a “learning experience.” He doubts the incident will affect business. BF