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ARTICLE · 10 JUNE 2019

Agricultural Law Netletter - Tuesday, May 21, 2019 - Issue 419

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environment issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.

CanadaGovernment, Public Sector

A twice-monthly current awareness service reviewing recent cases on land use, marketing boards, environment issues, creditor rights, animals, grain, import/export and other matters in an agricultural context.

HIGHLIGHTS

  • A Justice of the Ontario Superior Court of Justice has declared unconstitutional a number of sections of the Ontario Society for the Prevention of Cruelty to Animals Act which give the OSPCA (a private association), investigation and policing powers. The Court concluded that it was a principle of fundamental justice that law enforcement bodies must be subject to reasonable standards of transparency and accountability and that while police officers are subject to provincial legislation which provides for comprehensive oversight and accountability for police, the Ombudsman Act and the Freedom of Information and Privacy Act, the OSPCA is not subject to similar oversight and operates in a way that is shielded from public view while at the same time

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