Dairy Farmer’s charges dismissed!

March 5, 2013 |

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Ottawa – Ian Cumming – March 2013

Dairy farmers David and Marilyn Robinson had all OSPCA charges against them thrown out in a December 21st ruling by Justice L Giroux.

The couple had been facing a maximum of $720,000 in fines and / or 24 years in jail due to charges which were laid of not having a high enough body condition score on some of their cows. Evidence showed multiple pictures were taken of a 17 year old cow, which were used when applying for a warrant for the raid.

An abuse of process, by both the Crown and OSPCA, was found by Giroux relating to Sections 10 (b) and 11 (b) of the Charter. Encompassing an unreasonable delay in bring the matter to trial, plus the “misguided” appeal to have lawyer Kurtis Andrews removed as the Robinson’s counsel.

She noted that there was no foundation or factual basis, ‘to even bring it,” said Andrews following the ruling. Giroux also noted that the Robinson’s had “suffered prejudice” in regards to public statements made by the OSPCA on their herd and the charges laid.

Winning this abuse of process application means the Robinson’s “won’t get their day in court,” to fight and refute the actual charges the OSPCA put on them, said Andrews. “But there still is the Civil Law route,” they are considering, he said.

Shirley Dolan
613-623-0675
Woodlawn, ON

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