“It may be a bumpy road to go through this process as a victim,” said Ottawa-based livestock welfare law specialist Kurtis Andrews on Feb. 20 in Woodstock. He was a participant — along with Sgt. Laura-Lee Brown of the Ontario Provincial Police and Emily den Haan of Sheldon Creek Dairy, in a panel discussion during the annual South Western Ontario Dairy Symposium.

Why it matters: The prospect of trespassers on farms is causing increased stress for farm owners and their families living there.

Activists’ emerging tactic of on-farm trespassing and public property protest is not going away, said Andrews. Two days prior to the symposium, activists split from a roadside demonstration, entered the King Cole duck farm near Stouffville, and stole 26 ducks. He says the cases need to be carried through the justice system.

“It’s like being a victim in pretty much any case… It’s traumatic. There are lingering effects.” He stressed, however, that “those effects are likely going to be there no matter if you pursue the case or not.”

Andrews believes the recent passage of Bill 156 sends a message from the provincial government to police and the courts that protection of farms from such actions is a priority.

First off in the process of being a victim is recognizing that’s it’s happening.

The speed with which the process unfolds may vary. “Charges don’t necessarily have to be made at that time to mean that consequences are coming,” Sgt. Brown said. The legislation gives the leeway for charges to be laid later.

She also advised that, once police are on site, owners shouldn’t expect a quick resolution and to see the activists disperse. In fact, if it’s taking longer than initially expected, perhaps that’s a good thing. It might mean the officers are working hard to de-escalate the situation and come up with a resolution that’s favourable to all.

Of those farmers she has interacted with who were reluctant to become a part of the process as a victim, Brown saw some who either personally or as matter of cultural/religious identity didn’t want to move into the public sphere. For others, there was a fear of reprisals.

If it’s serious enough, Brown added, the OPP will choose to go ahead with charges anyway. But there may be less likelihood that the prosecution will be carried through to its conclusion if there’s not a victim to provide testimony. Additionally, a failure to report or have charges pressed hinders police and government authorities from grasping the full scope of the problem — from knowing, she said, “where the problems are within the community.”

Den Haan’s family’s operation was identified as a potential target of a mass on-farm trespass last year. Activists altered their targeted farm hours before they were expected to arrive. Sheldon Creek installed cameras and keyless locks at all entrances to their barns. “It’s not cheap,” but “we have invested,” says den Haan.

Record-keeping, Andrews said, is crucial. He cited two cases, both involving the same activist, in which the farms had a process written down about how to respond to certain incidents related to animal welfare. But only one had a log book for recording these incidents, including the details of the issue, the response, the outcome, and initials of the person involved. “And it doesn’t have to be anything extravagant. It can be a three-ring binder.”

In the case of an invasion by activists, good record-keeping can also show the state of a farm prior to the invasion, compared to after. This could be used to prove the degree of damages incurred as a result of the trespassing.

Andrews is generally satisfied with actions taken by the ruling Conservatives in Ontario, both with the revamping of the OSPCA Act and with Bill 156 (the Security from Trespass and Protecting Food Safety Act). However, he would like to see some particular actions taken by the federal government.

In federal food safety legislation, entry into barns is severely restricted only after an outbreak of disease. With an aim to prevent uninvited visitors from spreading disease from one animal activist target site to another, he would like to see restrictions and penalties enhanced.

Also, he says, Health Canada’s legislation aimed at protecting mental health should be enhanced to make it a crime to target someone or a group of people for harassment — either physically or online — based on their employment/line of work. There is all-party support for this enhancement of the legislation, and he’d like to see this enacted soon.

Den Haan also called on the farm community to make sure that what’s happening on farms is in line with the messages being disseminated to the public and in marketing campaigns about livestock care, handling, housing, transport and welfare.

The post Targeted farmers need to recognize they’re victims appeared first on Farmtario.

The theft of the animals was reported to police on Dec. 26, but they say the theft happened between Nov. 9 and Nov. 29.

The pigs, being raised as market hogs, were about six months old and weighed roughly 135 kg.

Police are asking anyone with information to contact them.

The post Police seek 130 pigs stolen in Oxford County appeared first on Farmtario.

“You have the right to peaceful protest. That’s part of our key message: We live in a country with freedom of expression,” says Sgt. Kerry Schmidt, of the OPP.

However, once someone is trespassing on others’ freedom of enjoyment, it’s a different story.

Why it matters: Protests on farmers, where farmers live with their families, have created more stress for food producers.

Schmidt and Const. Kelly Daniels spoke at the recent Ontario Federation of Agriculture annual meeting.

Daniels is a member of a Provincial Liaison Team (PLT). She is the one who walks up to protesters for a conversation about what is allowed and what is not. The PLTs talk to people on both sides of a situation to try to keep lines of communication open and to keep the event peaceful.

For example, she interacts with the Ontario Pig Save group at a processing plant in Ingersoll.

“They hold a vigil, and I have to say that with a straight face, but I have to acknowledge that they have a right to their beliefs,” she said. She also deals with worker picket line limits in labour disputes.

The interaction of the police is prompted by reasonable limits. Protesters can picket your laneways — but they can’t hold you from leaving or entering.

“If they hold you there 20 minutes or 30 minutes, then we would change our tune,” said Daniels.

Optics are important. Daniels says most protesters are there to gather images for social media posts.

“Sometimes (they) just go to get a picture and 20 minutes later they’ve gone,” she says.

Think about the image you want to project if you talk to the protesters, says Schmidt.

“If you just came back from varmint killing and have a gun in your hand when confronting them, then that’s what going to be on the six o’clock news or on their social media feeds,” he says.

A farmer asked a question about liability for the farm when a protester enters the property.

As long as what is around is used for normal farming practices — including electric fences — and the person is trespassing, then they won’t have much of a civil case.

“They are already committing an offence by coming over the fence,” said Daniels.

Schmidt acknowledged that the police know that farm protests are taken personally, because a farmer’s family likely lives at the site of the protest, but encouraged calm and developing a relationship with local law enforcement agencies.

Tips for managing protesters from the OPP:

• Remain calm. The calmer you are, the smarter you will think.
• Patience is key.
• Install no trespassing signs.
• Protestors are legally permitted to peacefully demonstrate.
• Charter rights do not protect threats or acts of violence like assault, destruction of property or other unlawful conduct.
• Record everything you can. There’s a good chance you are being recorded as well.

The post The fine line between protest and provocation appeared first on Farmtario.

Sergeant Laura Brown told a recent meeting of the Eastern Canada Farm Writers Association that “activist activity is hot on everybody’s radar right now for good reason. It’s on ours as well and not just for agriculture.”

Why it matters: Animal rights activists have recently trespassed individually and in large groups onto Ontario farms. One, who admitted stealing pigs in social media posts, had her charges dropped, drawing the ire of the farm community.

The OPP has a provincial liaison team that is the go-between with organizations and groups in the province. When there’s any sort of action by a group, they are the first call, as they usually have contacts and background information.

Brown used the example of when she took a call about a barn fire that killed 1600 pigs. Activists said they were going to protest at the scene. She called the provincial liaison team and they talked to people involved, including agriculture organizations.

“People will say what they want to say,” said Brown, who is based in London. “What we are concerned about is keeping things safe.”

Just as the police have a plan, farms should have a plan for trespassers and activists. Talk to family members and employees about the plans, she said.

“What is your safety plan, not your confrontation plan, your safety plan,” said Brown. “You want to protect people at your business or your home. Have a meeting place, like a fire plan.”

Few activists are looking for a physical confrontation, so don’t give them one.

“They usually want to send a message and then go,” she said.

She said she couldn’t talk about the recent withdrawal of charges in the London pig theft case. But she said that police officers pledge to charge people if they believe there are criminal grounds to do so, and admitted that they can be frustrated when those charges don’t stick.

“If someone is charged criminally, all we can do is put the charge before the court,” she said.

She recommends surveillance for barns and valuable facilities, especially when they can be easily integrated into new construction.

“Our tools are great if necessary. We have what we need to do job. We have legislation, we have our eyes and we have our colleagues.”

The post Police have plans for activists, says officer appeared first on Farmtario.

Why it matters: Animal rights activists are illegally trespassing on farm businesses and properties. These actions put farmers, their families and workers in unwanted and unsafe situations.

Anyone who enters private property without the owner or occupier’s permission or under legal authority is considered trespassing. If they fail to leave when asked, they can be found guilty of a trespasser’s offence under the Trespass to Property Act.

Both the Trespass to Property Act and the Occupiers’ Liability Act use the term “occupier”. This term covers the legal owner, as well as their tenant.

Under the Trespassing to Property Act, Section 3 — Prohibition to Entry clearly states:

“Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,

(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or

(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).”

Producers who find unwanted individuals entering their property, should politely ask them to leave. If they do not leave, producers should call 911 and record interactions to use for later evidence.

“We never want anyone to put their own safety in jeopardy. We continue to encourage individuals to contact the authorities as soon as possible,” says Rodney LeClair, media relations and community safety officer with the Ontario Provincial Police (OPP) in Cayuga. “We want them to be careful and not provoke the individuals or create hostility.”

Producers should note licence plates, vehicle descriptions, and gather as much information as they can to help police.

Police may not be able to shut down protests because organizations have the right to do so, but police may stop it if it is affecting traffic, causing safety concerns or criminal offences are occurring, says LeClair.

Murray Sherk, chair of Dairy Farmers of Ontario (DFO), says the DFO is working with local authorities on the investigations following recent protest events.

He said it is recommended that producers post “no entry,” “no trespassing” and biosecurity signage on their properties.

As well, producers should report suspicious activities to authorities, have emergency plans in place and ensure that family members and staff are aware of the protocols on how handle situations should they arise.

The post Farmers fear being targeted by activist invasions appeared first on Farmtario.

“We’ve got 15 cows and 15 calves on pasture,” said Barwick-area producer Allen Jolicoeur in a recent interview. “My son went down in the morning to feed hay and only 14 cows came up. So he went to find her. And when he got back there, the ravens were flying around her.”

Why it matters: The Ontario Wildlife Damage Compensation Program (OWDCP) does not cover gunshot wounds to animals, and there are few other ways to be reimbursed for an animal killed on a farm by gunshot.

“I really think farmers in Ontario need to know about this,” Jolicoeur told Farmtario.

Attempts to determine if any typical farm insurance policies would cover such a loss through inquiries by both Jolicoeur and the office for Kenora-Rainy River MPP Greg Rickford, have so far turned up nothing.

Jolicoeur says his insurance policy did not cover the cow shooting.

Other farm insurance policies examined by Farmtario appear to cover animal shootings, but haven’t been tested by a claim.

The cow was shot just before the start of deer season. Jolicoeur said he contacted the agencies he believes have jurisdiction to investigate hunting-related offences — the Fort Frances office of the Ministry of Natural Resources and Forestry (MNRF) and the Rainy River detachment of the Ontario Provincial Police (OPP) — but no investigation was launched.

MNRF’s Fort Frances work unit manager Staff Sgt. Grant Painter told Farmtario that his office “has no record that (the Ministry was) contacted” by Jolicoeur. He added the local MNRF office was made aware of the incident when it was contacted by police who “advised that the OPP were responding and investigating.”

A spokesperson at the OPP’s Rainy River detachment would not confirm that a police investigation was initiated. Instead, Farmtario was advised to file a Freedom of Information request with the Ministry of Community Safety and Correctional Services.

“If that had been a deer shot out in my field, both the cops and the MNR would have been there within a few minutes,” Jolicoeur said, adding that deer had been shot on his property in the past.

He has never had to deal with a cow being shot before, but it was his understanding that the provincial government provided compensation.

“Not only did I lose the cow, but I lost the calf that was inside her. And the calf that she was nursing, instead of weighing 600 pounds now, it weighs about 300 pounds. Because it’s not getting any milk.”

Jolicoeur said the sole investigation that was initiated was for OWDCP compensation. For that, a Township of Chapple representative visited the farm to document the incident, but compensation was later denied.

“A compensation decision of $0.00 has been determined for your application based on the documented evidence provided,” states a letter sent to Jolicoeur on November 6 from OWDCP program administrator Jane Widdecombe.

The OWDCP website cites a list of predator-caused deaths to livestock as eligible for compensation. “Claims for livestock… injured or killed from gunshots do not qualify, therefore this claim for compensation has been declined,” noted Widdecombe’s letter.

Jolicoeur is supported in his search for answers by Rickford’s local constituency office. But a spokesperson for the office told Farmtario that calls to various agencies had so far not yielded results.

In January 2017, a farming family near Rivers, Man., reported a pregnant cow shot dead in what they believed to be a deliberate act. And in late November of this year, a family near Consort, Alta., reported three animals deliberately shot.

However, Painter said “MNRF is not aware of any other (similar) occurrences in the Fort Frances area” in the past five years.

The post Farmer with shot cow finding few areas of compensation appeared first on Farmtario.