Unjust, unwise, and unconstitutional: Bill C-275 has no place in Canada

The outlook for farmed animals in Canada appears precarious, despite other recent strides in animal welfare legislation. Animal protection organizations across the country are deeply concerned about private member’s bill C-275, introduced by Conservative MP John Barlow, which the House Standing Committee on Agriculture and Agri-Food finished studying on Oct. 18. Misleadingly titled “An Act to amend the Health of Animals Act (biosecurity on farms),” Bill C-275 is actually an attempt to institute an "ag-gag" law that would restrict public access to information about practices within the animal agriculture industry. Such laws hinder the exposure of issues related to animal welfare, workers' rights, food safety, and environmental protection. This encroachment on freedom impedes journalists, employees, and the public from accessing and sharing crucial information about our food system, and a proposed law like this has no place in a democratic society such as Canada. Ag-gag laws originated in the United States in response to undercover exposés revealing animal rights violations and unsanitary conditions in industrial animal production. While some U.S. states have such laws, many more similar attempts have been rejected and considered as an affront to democratic principles due to their infringement on free speech. In fact, ag-gag bills have been widely unpopular among the American public, and have been repeatedly rejected by lawmakers on both sides of the aisle. Ag-gag laws typically prohibit whistleblowers from gathering evidence without farm owner consent and gaining employment under "false pretenses." They also require immediate submission of evidence to authorities, which seems reasonable on the surface, but prevents whistleblowers from gathering evidence over time to expose issues that are demonstrably systematic. Industry researchers from the University of British Columbia have demonstrated the negative impact of ag-gag laws on public trust in farmers, highlighting their damage to “perceptions of the current status of farm animal welfare as well as the perception that farmers do a good job of protecting the environment.” Despite this, four Canadian provinces (Ontario, Alberta, Manitoba, and Prince Edward Island), have passed laws criminalizing whistleblowers and undercover journalists who seek to report on animal cruelty on farms, during transportation, or in slaughterhouses. Riana Topan is the senior campaign manager with Humane Society International/Canada. Photograph courtesy of Riana Topan These laws are consistently framed as efforts to enhance biosecurity, and Bill C-275 is no exception. Its proponents claim that it will protect animals from diseases and toxic substances. In reality, the proposed legislation will likely do the opposite. Research shows that biosecurity failures consistently stem from poor farming practices by farm owners and operators, not whistleblowers, yet this bill only applies to the latter. By targeting the wrong source, the bill endangers both animal welfare and public health. Further, the legislation will prevent undercover reporting and whistleblowing which are often the only ways for the public to see what happens behind closed barn doors. Historically, exposés have led to important reforms for animal welfare, health and safety, working conditions, and environmental standards. Bill C-275 poses a particular threat in Ontario and Alberta, where existing, draconian ag-gag laws criminalize those who gain access to farms under "false pretenses." Finally, legal experts argue that Bill C-275 may be unconstitutional for two reasons. First, it limits constitutionally protected expression, and impedes the public's right to know about food production and farmed animal welfare. Jodi Lazare, an associate law professor at Dalhousie University, calls ag-gag laws examples of "agricultural exceptionalism"—a historical privilege of the agricultural industry by legislators. By focusing on trespassing, the bill also appears to encroach on provincial jurisdiction. If passed, Bill C-275 will set a dangerous precedent for this and other sectors. To genuinely address the very real threat of biosecurity issues, the government should establish legal standards for on-farm operations and treatment of farmed animals, and enforce these standards through inspections. At a time when Canadians are increasingly concerned about animal welfare, public health, and environmental sustainability, we need more transparency and oversight, not less. Riana Topan is the senior campaign manager with Humane Society International/Canada. The Hill Times