Protecting food safety and farmers’ property rights?

Or targeting animal rights activists, agricultural whistleblowers, and investigative journalists?

It depends who you ask about the Progressive Conservative government’s recently introduced Security from Trespass and Protecting Food Safety Act.

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“No one in Ontario should feel unsafe in their homes or in their workplace and farmers are no different,” said Agriculture Minister Ernie Hardeman.

“We’ve heard from farmers, municipalities and commodity groups loud and clear and I’m proud to say that we’re taking action,” Hardeman said.

“We have proposed legislation which, if passed, would keep Ontario farmers and farm families, agri-food workers and farm animals safe by reducing the likelihood of trespassing on farms,” he said.

Under the bill, which will likely pass after the legislature resumes in February, trespassers could face fines of up to $15,000 for a first offence and $25,000 for subsequent infractions.

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“Unauthorized trespassers threaten the delicate balance in the environments that they enter,” noted Hardeman, pointing to biosecurity concerns at livestock and poultry facilities as well as abattoirs.

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“Protesting is one thing — and we remain committed to the people’s right to do that — but interacting with animals brings many more problems,” he said.

“Farmers know their animals. Farmers know what it means to keep them safe and healthy. The proposed legislation supports farmers and their efforts by creating animal protection zones on farms, processing facilities and other prescribed premises.”

But lawyer Camille Labchuk, executive director of Animal Justice, said the Ontario bill, which follows a similar Alberta law, is “ag-gag” legislation, which will almost certainly be challenged as unconstitutional.

“It’s extremely draconian. It’s couched in language of ‘trespass’ and ‘biosecurity,’ but what it’s actually designed to do is conceal pretty egregious animal cruelty,” Labchuk said.

“The few times that we do peel back the curtain and see what happens on farms it tends to be when someone is a whistleblower and comes forward and shares footage that they’ve gained through their employment,” she said.

“What this legislation appears designed to do is prevent anybody from being in that position in the future. This opens up journalists, employees and people with food-safety concerns (to potential charges.)”

For example, the legislation could be used against activists such as Anita Krajnc, who made headlines after being criminally charged for giving water to thirsty pigs on their way to slaughter in Burlington four years ago. She was later acquitted.

That’s one reason why Krajnc’s group, Toronto Pig Save, has spoken out against the proposed law and held a protest Dec. 10 at Queen’s Park.

Labchuk stressed the Conservative government deserved credit for its recent passage of the separate Provincial Animal Welfare Services (PAWS) Act that increases inspections of agriculture, zoos, aquariums and equine facilities.

“Then, on the other side, you’ve got this terrible bill,” she said, adding whistleblowers in Ontario have repeatedly exposed cruelty at food processing plants and fur farms.

Hardeman insisted “our government has zero tolerance for animal abuse and I encourage anyone who suspects it to call law enforcement immediately.”

“Our legislation is designed to provide law enforcement with the tools to deal with the issue. By supporting the good work farmers do, we are protecting animal welfare, animal safety and the integrity of our food supply,” he said.

NDP MPP John Vanthof (Timiskaming-Cochrane), himself a farmer, said the devil is in the details.

“Obviously farmers need protection (but) we will fight for people’s right to protest till the end so we’re looking at the legislation right now,” Vanthof said.

“We have to be very careful to make sure everyone’s represented. Biosecurity on a farm is incredibly important — not only for the safety of the food but for the health of the animals,” he said.

Rob Dougans, president and CEO of Chicken Farmers of Ontario, which represents poultry producers, said his members “follow high standards of animal care.”

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“Anyone entering barns or farms, handling animals or moving between barns without following proper biosecurity protocols puts the health of animals, the safety of food and the livelihood of farmers at risk,” Dougans said.

Ontario Federation of Agriculture president Keith Currie noted his organization has been appealing for the new measures for years.

“We have been very vocal in our call for swift, strong action against trespassers and activists who are jeopardizing the safety of our farms and food supply,” Currie said.