Dear colleagues,

I'm pleased to share a landmark legal victory—most of Ontario's ag gag law has been struck down as unconstitutional in the Superior Court of Justice, in the first case challenging a Canadian ag gag law. Joining Animal Justice in the lawsuit were journalist Jessica Scott-Reid, and Louise Jorgensen of Toronto Cow Save. The decision is available here.

The judge found that restrictions placed on undercover investigations at farms and slaughterhouses by animal advocates violate the constitutionally protected right to freedom of expression. Specifically, he ruled that the prohibition on using a false pretence to get a job at a farm (e.g., by denying affiliation with an animal rights group) restricts freedom of expression in purpose and effect, as misrepresentations are protected speech. 

He systematically rejected the government's justifications for the law. He found that the value of the expression engaged at through undercover investigations is high; whether someone is working undercover has no bearing on biosecurity, food safety, or animal safety; and that penalizing whistleblowers because the truth might harm farmers economically seems to "strike at the very heart of freedom of expression."

There's some important discussion of troubling yet common practices the farming industry engages in, such as piglet thumping, at paragraphs 37-38, and commentary on the murky question of what practices are unlawful at paragraph 114. The judge states that after three days of legal argument, he is still unclear on which abusive farm practices are "acceptable" and therefore lawful, and which are not.

Unfortunately, he rejected our secondary claim that restrictions on vigil-type activities outside slaughterhouses are also unconstitutional, finding that interacting with animals inside trucks is not expression, and that if it were, restrictions would be justifiable.

The ruling is suspended pending a further hearing on when it should take effect, but we look forward to resuming investigative work in Ontario as soon as possible.

As we analyze and consider the decision, any thoughts or comments are welcome. Thanks to everyone that supported this important litigation in a myriad of ways, to those participating in the legislative fight to stop ag gag laws, and to our American friends for the great precedents they set in striking down so many ag gag laws south of the border.

Best,

Camille