Agricultural Law NetLetter - Friday, November 7, 2014 - Issue 311

HIGHLIGHTS

A Justice of the Ontario Superior Court of Justice has overturned a damage award granted by a Provincial Court against the Ontario Society for the Prevention of Cruelty to Animals, for violating a farmer's right of unreasonable search and seizure under s. 8 of the Charter of Rights and Freedoms. The Court concluded that although an OSPCA inspector had conducted an unlawful search and seizure because he failed to obtain a warrant, his conduct was motivated by a genuine concern for animal welfare and lack of bad faith. Although s. 24(1) of the Charter does afford jurisdiction for a damage award if it is "appropriate and just", the Provincial Court awarded damages without considering the guidelines set out by the Supreme Court of Canada in determining whether the "appropriate and just" standard had been met. (Ontario Society for the Prevention of Cruelty of Animals v. Hunter, CALN/2014-034, [2014] O.J. No. 5078, Ontario Superior Court of Justice)