Last week, Animal Justice lawyers were in court for a two-day trial in Winnipeg against a Manitoba live horse exporter. This may be the first private prosecution involving pets to go to trial in Canada.
We succeeded payment is placed in February 2024. This follows a devastating December 2022 shipment from Carolyle Farms, a horse export company based in Swan River, Manitoba. The Canadian Food Inspection Agency (CFIA) refused to act, even though the shipment exceeded legal transport limits.
Along with the Winnipeg Humane Society, Canadian Horse Defense Coalition, and Manitoba Animal Save, we filed a formal complaint with the CFIA. But when the authorities refused to act, we sought permission from a judge to file an extraordinary private charge. This legal tool allows individuals to prosecute offenses when regulators do not. Last week, the exporter was tried for failing to have a legally required contingency plan to prevent violations of the law that could cause suffering to horses.
Horses Abandoned to Suffer
Under Canada’s federal Health of Animals Regulations, horses cannot be transported for more than 28 hours without food, water, or rest. Exporters should also have contingency plans in place to protect the animals during foreseeable disruptions. In our prosecution, we allege that Carolyle Farms failed to comply with these safeguards.
While the horses were in crates on the tarmac waiting to be loaded onto the plane in the early hours of December 12, 2022, the exporter learned that heavy snowfall in Anchorage, Alaska made a planned stop impossible. But instead of canceling or postponing the shipment, the flight was diverted to Seattle. This significantly lengthens the journey. At the time of the flight from Winnipeg, it was impossible for the cargo to comply with the 28-hour transportation limit without food, water, and rest.
Government records show that the horses probably traveled for more than 33 hours. Unfortunately, at least three horses crushed mid-flight.
Historic Private Prosecution Comes to Settlement
Over two days in the Provincial Court of Manitoba, Animal Justice called three witnesses – two CFIA veterinarians who inspect the horses, and a CFIA supervisor.
Their testimony confirmed that the CFIA knew the shipment would exceed the 28-hour time limit due to the delays, but approved it anyway. They also claimed that the CFIA did not have a contingency plan on file covering the entire duration of the trip, including the flight to Japan and transportation to the quarantine facility.
The focus of the prosecution is not only the duration of the journey, but the legal obligation of the exporter to prepare for foreseeable interruptions. Weather delays are a known risk in international air transport, especially in winter. We argue that the exporter failed to secure a contingency plan for the entire journey from Swan River to the quarantine facility in Kagoshima—a legal safeguard aimed at preventing animal suffering when plans change or delays occur.
We expect the court’s decision in late March.
Traffic Laws Must Be Enforced
Horses exported from Canada are packed in cramped wooden crates for long-haul trips that are inherently stressful and dangerous. Each additional hour without food, water, or rest increases the likelihood of injury, collapse, or death.
Animal transport laws exist to prevent suffering — but without enforcement, they mean nothing. Animal Justice will continue to support existing animal protection laws and use all legal tools available to ensure that those protections are maintained in practice, not just on paper.
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Banner image: Jo-Anne McArthur | HSI Canada | We are Animals
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