B.C.'s highest court throws out jail sentences for hog farm activists
A pair of animal rights activists in British Columbia will not serve any jail time after the province's highest court tossed out a lower court ruling on the couple's illegal entry and occupation of a Fraser Valley hog farm.
Amy Soranno and Nick Schafer were initially sentenced to 30 days behind bars, followed by 12 months of probation, after the married couple were found guilty of mischief and breaking and entering after they led a large-scale protest at the Excelsior Hog Farm in Abbotsford in April 2019. The 30-day sentence was to be served intermittently, typically on weekends.
The pair appealed their conviction in January but were unsuccessful in convincing the court that alleged evidence of animal cruelty, had it been allowed to be presented at trial, would have provided a viable defence against the charges they faced.
Failing in that appeal, Soranno and Schaefer appealed their jail sentence, which the Appeal Court panel agreed should be set aside in favour of 120 days of house arrest, followed by a year of probation.
In reaching its decision Monday, the three-judge Appeal Court panel found the trial judge did not actually err in his decision to incarcerate the activists. However, recent legislative amendments now permit conditional sentences to be imposed in such cases.
The activists were sentenced in October 2022, less than a month before a provision allowing a conditional sentence for breaking and entering into a non-dwelling was repealed on Nov. 17 of that year.
"Unlike in a case where the sentencing judge commits a true error in principle, when there is an amendment to the Criminal Code that permits a previously unavailable sentence, the appeal court should proceed to re-sentence 'in light of the new principles,'" Justice Susan Griffin wrote in the court's decision to overturn the jail sentence.
The judge went on to note that jail sentences for similar cases are rare.
"There appear to be few precedents resulting in a custodial sentence involving like circumstances," Griffin wrote on behalf of the panel.
"There are cases where protesters have continued a protest in the face of a court order, and then faced contempt charges and convictions," she wrote. "In some of those cases, jail sentences have been imposed. However, those cases are of limited utility in sentencing the appellants. Here, the appellants were not deliberately breaching a court order."
Protest sparked by PETA video
The 2019 protest, in which Schafer and Soranno "organized busloads of people to come to the farm" to "overwhelm anyone who might resist their presence," Griffin wrote, was sparked by the dissemination of a disturbing video by the animal rights group People for the Ethical Treatment of Animals.
The video, which PETA said was filmed surreptitiously at the Excelsior farm, showed sick and dead animals, and prompted an investigation by the SPCA, however no animal cruelty charges were recommended.
Animal Justice, Canadian non-profit group that lobbies for stronger animal protection laws and enforcement, applauded the Appeal Court decision, calling the actions of the protesters "a peaceful sit-in" and a "non-violent act of civil disobedience."
"It's a relief that these two whistleblowers will not face jail time, but where's the justice for pigs?" Camille Labchuk, executive director for Animal Justice said in a statement.
Schafer and Soranno, under the conditions of their house arrest, must not come within five kilometres of the Excelsior Hog Farm, must not visit any agricultural property where the primary activity is the raising of animals or food, and must remain in B.C. unless they have written permission from the court to leave the province.
CTVNews.ca Top Stories
DEVELOPING Israel launches strikes on military targets in Iran, escalating Mideast wars
Israel launched airstrikes early Saturday on what it described as military targets in Iran in retaliation for a ballistic missile assault Oct. 1, officials said. There was no immediate information on damage in the Islamic Republic.
DEVELOPING Scotiabank confirms outage for mobile, online banking
Scotiabank has confirmed outages affecting mobile and online banking services, according to a statement published to its X account.
'I did everything I could': Canada Post driver recounts helping save woman from fiery Tesla crash
Canada Post driver Rick Harper recounts how he and others helped save a woman from a Tesla that caught fire after crashing into a guardrail on Lake Shore Boulevard.
An abrupt goodbye to a guerilla goldfish aquarium beneath a leaky Brooklyn fire hydrant
A makeshift aquarium that popped up this summer in a puddle beneath a leaky fire hydrant in New York City has been paved over, to the dismay of neighbours who turned the area into a hangout spot and goldfish shrine.
Climate change breaks heat records across Canada this summer
Human-caused climate change made almost all of Canada’s heat waves hotter and more likely, Environment and Climate Change Canada said in an announcement Friday.
Mother who beat and starved her 5-year-old son to death sentenced to over 50 years in prison
A New Hampshire woman was sentenced Friday to 53 years to life in prison in the death of her 5-year-old son, who was beaten, starved and exposed to drugs before his 19-pound body was found buried in a Massachusetts park in 2021.
'Get away from your inner circle': Liberal MP 'shocked' PM didn't take more time to reflect on calls to resign
Longtime Liberal MP Wayne Long says Prime Minister Justin Trudeau should give more weight to the views of his backbenchers in determining his future leading the Party, rather than relying on those in his immediate orbit.
Mom and child jumped from a window to escape a Las Vegas fire that killed 2 children and 2 adults
Two adults and two children were found dead in the charred rubble of a house fire after a mother and another child jumped from a third-floor window to escape flames in a southwest Las Vegas neighborhood, authorities said.
Russian actors made fake video depicting mail-in ballots for Trump being destroyed, FBI says
Russian actors made a widely circulated video falsely depicting mail-in ballots for Donald Trump being destroyed in Pennsylvania, U.S. officials said Friday.