Elite Farm Services workers seen throwing chickens at a Chilliwack farm in undercover video filmed by Mercy for Animals.

Companies charged with Fraser Valley chicken abuse want to see all video evidence

Judge agrees with lawyers for chicken catching company and Sofina Foods about inadequate disclosure

Defence counsel for an individual and two companies charged with animal cruelty at a Fraser Valley chicken catching operation told a court Monday they could not enter a plea to the charges because they do not have all the video evidence documenting the alleged abuse.

Facing 38 charges are Elite Farm Services Ltd., the company’s owner Dwayne Paul Dueck, and Sofina Foods Inc./Aliments Sofina Inc., Markham, Ont.

Clips from the video package shot at an Elite Farm Services operation in Chilliwack by animal protection group Mercy For Animals (MFA) showed chickens being kicked, stomped on, thrown at walls, sexually abused and having their limbs torn off.

• READ MORE: Chilliwack chicken catchers accused of ‘torturing’ birds in undercover videos

Crown called the abuse “egregious” and referred to the individual who filmed the acts as a “whistleblower.”

Defence counsel, however, referred to him as a “foreign operative” with political motivations.

“That videotape certainly doesn’t tell the whole story,” Sofina lawyer Morgan Camley told the court on May 13. “The other hours of videotape that we suggest exist are fundamentally important to my client to be in a position to determine whether or not they can be guilty or not guilty.”

Camley pointed specifically to concerns over possible “inducements,” in other words, the possibility that those seen abusing the chickens in the video clips were in some way convinced to act in a way they would may not have if the MFA agent wasn’t present.

Defence counsel for Dueck and Elite similarly argued the disclosure by Crown has been incomplete.

“We are not yet at a point where we can advise our clients,” lawyer Martin Finch said, adding that maybe a jury trial was in order, but he did not have enough of the Crown’s evidence to properly make that decision.

In response, Crown counsel Jessica Lawn said defence counsel has in fact been provided all that is legally necessary, and in some instances even more.

”The idea that there is other footage, I’m not sure where my friends got this idea from,” Lawn told Judge Andrea Ormiston.

“I can’t see how this can’t move forward with arraignment.”

The charges stem from undercover videos filmed by animal protection group Mercy For Animals in 2017. That video was obtained by an individual with MFA who got himself employed by Elite as a chicken catcher, then filmed actions seen in and around the barns with the use of a body camera.

“This case involves a foreign operative entering into a surreptitious employment with my friend’s client and videotaping events that happened on a farm then providing that videotape to the CFIA where an investigation was opened up and charges were laid,” Sofina lawyer Camley explained to the court.

Another complaint by defence counsel is that the main evidence is video filmed by an undercover agent, footage that could not have been legally obtained by Canadian investigative bodies.

Lawn said Crown has been in contact with Mercy For Animals and was told they think all the video was provided to CFIA, but defence counsel says there is no way of knowing if that is true.

“We asked Mercy For Animals,” Lawn said. “They reviewed their database and believe they provided it all.”

After the video evidence came to light, and the CFIA along with the BC SPCA investigated, the charges were laid under the Health of Animal Regulations.

Judge Ormiston agreed with defence arguments that it was too early for arraignment given the uncertainty over the video, and other disclosure requirements not being met.

The case was put over to May 27 at the earliest. At that time or after, Camley suggested she may bring a Stinchcombe Application, which addresses Crown disclosure, on behalf of her client Sofina Foods. Of some issue is that the charges came about solely based on Crown relying on the CFIA, which relied on the “quasi-investigative” actions of a foreign organization with political purposes.

What was agreed upon by all parties in court on May 13 is that however the case proceeds, unless there are guilty pleas, it will be a very long road ahead with 38 charges each against three accused parties.


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

South Surrey residents deliver loud ‘no’ to condo proposal

Four- or five-storey building suggested for 152 Street and 26 Avenue

OUR VIEW: Challenger Baseball program in Surrey hits a home run

Challenger provides disabled athletes an opportunity to play baseball in an inclusive setting

Surrey fairy garden has little children spellbound

Cloverdale fairy garden a wing’s flutter away from George Greenaway elementary school

Final bout of Gypsy moth spraying in Surrey bumped up to Thursday, May 23

Again, they’re targeting 62 hectares area near Highway 1 and Port Mann Bridge from sunrise to 7:30 a.m.

Surrey firefighters not among 267 being sent to battle Alberta wildfires

‘We haven’t been called upon to be deployed,’ Surrey Fire Chief Len Garis told the Now-Leader on Tuesday

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

50 trip planning kiosks coming to TransLink routes

Kiosk will allow riders to see schedules and alerts

Crackdown on money laundering does not include federal public inquiry: minister

An independent report commissioned concluded $7.4 billion was laundered in B.C. last year

Trudeau’s action plan on climate change brings B.C. politician out of retirement

Terry Lake, a former B.C. health minister, is running for federal office in Kamloops-Thompson-Cariboo

Survey finds minimal progress in Canadian military’s fight against sexual misconduct

1.6 per cent of regular-force members — 900 military personnel — reported having been victims of sexual assaults over past year

Raptors beat Bucks 120-102 to even series at 2-2

Lowry pours in 25 as Toronto moves within two games of NBA Finals

Body of missing snowmobiler recovered from Great Slave Lake

Police confirm the body is that of one of three missing snowmobilers

Toddler seriously injured after falling from Okanagan balcony

RCMP are investigating after a two-year-old boy fell from the balcony of an apartment in Kelowna

Fraser Valley chef sentenced to seven years for million-dollar drug operation

Raymon Ranu has been working as a cook since he was arrested for selling fentanyl and cocaine

Most Read

l -->