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ARTICLE · 12 JANUARY 2016

Agricultural Law NetLetter - Thursday, January 7, 2016 - Issue 339

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A Justice of the Supreme Court of Nova Scotia has issued a decision which clarifies the obligations of the Nova Scotia Minister of Agriculture, concerning appeals from decisions of animal protection inspectors...

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Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS ** *

  • A Justice of the Supreme Court of Nova Scotia has issued a decision which clarifies the obligations of the Nova Scotia Minister of Agriculture, concerning appeals from decisions of animal protection inspectors in relation to the seizure and detention of livestock "in distress". The Minister is not required to consider whether or not the seizure or detention by inspectors were lawful and may uphold a seizure and removal even if the seizure was unlawful. The Nova Scotia Animal Protection Act is primarily concerned with animal welfare. The Minister must conduct a fresh review of all circumstances regarding the wellbeing and fitness of owners to care for their animals. (Brennan v. Nova Scotia (Minister of Agriculture), CALN/2016-001, [2015] N.S.J. No. 548, Nova Scotia Supreme Court)

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