Cattle Farmers' Obstruction Convictions Upheld

Sometimes, relationships between the regulated and the regulator go way off the rails, as happened with Richard and Jeffrey Clare, a father and son, who operate a large cattle farming operation in Burford, Ontario. The end result for the Clares was convictions for hindering or obstructing a provincial offences officer, contrary to the Nutrient Management Act (NMA). Richard Clare was fined $8,000 and ordered to comply with a period of probation for eight months. Jeffrey Clare was fined $1,000. On appeal, the convictions were upheld.

In June 2010, two officers from the Ministry of Environment were conducting inspections of the Clares' operations under the NMA. They did so unannounced. At the first property inspected, the Clares were not present. As the inspectors were leaving, they saw Jeffrey Clare and advised him they would be attending another nearby Clare property for an inspection.