Workers employed by a Chilliwack-based agricultural employer seen allegedly tearing a live chicken apart in an undercover video filmed by Mercy For Animals.

Fraser Valley chicken abuse case hinges on activist videos

Defence still not content with disclosure of complete and unedited video

The case of chicken catchers accused of abusing animals at Fraser Valley farms inched closer to trial this week as lawyers further debated legal issues surrounding the undercover video footage, an integral piece of evidence against the companies.

Elite Farm Services Ltd., the company’s owner Dwayne Paul Dueck, and Ontario-based Sofina Foods each face 38 counts under the Health of Animal Regulations in connection with the alleged abuse of birds at local farms in 2017.

The charges came to light after California-based animal rights group Mercy For Animals (MFA) secretly captured video of the “egregious” abuse, video filmed using a body camera by an MFA volunteer who got himself hired as a chicken catcher.

• READ MORE: Chilliwack company charged with animal cruelty claims video evidence manipulated

• RELATED: VIDEO: Protesters voice outrage over Chilliwack chicken abuse video

In court on June 6, defence declined to enter a plea on the charges claiming they need to see unedited video from the “vigilante” activist who filmed the alleged abuse.

“The reason we cannot tell our clients whether to have trial by jury or trial in provincial court or even Supreme, is there is a complete lack of certainty that we have received unblemished… video materials which have not been the subject of meddling or manipulation,” lawyer Martin Finch said back in June.

After that hearing, Judge Gary Cohen agreed Crown needed to provide defence with the make, model and software used by MFA in its undercover videos as an important element for the defence in electing trial by jury or by judge.

“If the videos are good, this becomes a fact-driven case,” Judge Cohen said. “If the videos are not good, then this could be a technical case.”

He put the case over to this week to give Crown time to come back with the information on the video equipment or at least a timeline as to when they could get it. On July 9, Crown counsel Jessica Lawn said her office had received the unedited video from MFA, and was told by the main witness that he used an iPhone and one of three models of camera.

As part of the disclosure, however, Lawn put a number of undertakings one the evidence, which in part included orders that defence could not make copies of the videos. Defence argued this put serious challenges to them as the Ontario-based corporation charged had several animal-welfare experts that would need to see the footage.

Defence counsel for Sofina, Morgan Camley, suggested what they received from Crown, via the MFA undercover operator, was “fairly vague.”

“Some was iPhone and possible three makes and models and some [HD] cards that he got at a local London Drugs,” Camley told the court.

Judge Cohen, however, told defence that their nuanced objections to how and when they received video disclosure was not enough to further delay the case as defence continues to do.

“That’s not a good enough reason not to arraign,” Cohen told Camley. “It might be good enough for later application and later objections, but it is not a good enough reasons to not arraign today.”

However, Cohen agreed that defence should be allowed time for their experts to examine the video that was only provided one or two days before the hearing this week.

Defence and Crown was hoping to have the case put over to Aug. 7, but Cohen suggested a date in late July was better. The case is now set for arraignment on July 29.


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

 

Workers employed by a Chilliwack-based agricultural employer seen tormenting chicken in an undercover video filmed by Mercy For Animals.

Just Posted

Casey’s Community House jail and bait fundraiser was a success

Cops for Kids rode through Creston on Sept. 10. In anticipation of… Continue reading

Kootenay-Columbia incumbent MP responds to Trudeau brownface scandal

Stetski proud of NDP leader Singh’s reaction, which focused on people not power

Rehabilitation work will begin to improve the Kootenay River bridge

Rehabilitation work will begin this week to improve the reliability and extend… Continue reading

Liberals’ Kootenay-Columbia candidate stands by Trudeau despite scandal

Robin Goldsbury says the prime minister’s racist photo is a learning opportunity

How informed are you?

Since the election last October, I have attended many councils, committee of… Continue reading

VIDEO: Trudeau asks Canada to look to current, not past, actions on race

Liberal leader says he never spoke about the racist photo because he was embarrassed

Woman stabbed in downtown Nelson

Victim is in hospital, suspect is in police custody

Horvat paces Canucks to 6-1 pre-season win over Oilers

Vancouver improves to 3-1 in NHL exhibition action

Legislature gifts, clothing, travel need better control, B.C. auditor says

Audit follows suspensions of managers by Speaker Darryl Plecas

‘Really disturbing:’ Trudeau’s racist photos worry B.C. First Nation chief

Wet’suwet’en Chief concerned the photos will sow fear in Indigenous communities

‘Unacceptable’: What politicians have to say about Trudeau in blackface

Calgary Mayor Naheed Nenshi: ‘When I saw that picture last night, certainly it was a sucker-punch’

‘He’s trying to kill me’: Victoria police commandeer boats to reach screaming woman

No charges laid and civilians to be awarded honours after incident on Gorge Waterway

VIDEO: B.C. man accused of assaulting sex worker loses temper in interrogation

Defence lawyer says statements made by accused Curtis Sagmoen should be deemed inadmissible

John Horgan promises action after fatal mid-Island bus crash

Premier cites students, local Indigneous community as reason to repair the road

Most Read