5133831 Manitoba Ltd., Doing business as Shadow Creek Transport Enters Guilty Plea for Violating Health of Animals Regulations

September 14, 2012, Winnipeg, MB: On June 19th, 2012, in Manitoba Provincial Court, 5133831 Manitoba Ltd., (doing business as Shadow Creek Transport) entered a guilty plea for one count of contravening Section 143.(1)(b) of the Health of Animals Regulations.

In accepting a joint recommendation proposed by Crown and the Defence Counsel, the Honourable Judge Finlayson imposed a $7000 fine on the company.

Section 143.(1)(b) of the Health of Animals Regulations states:

“No person shall transport or cause to be transported any animal in a railway car, motor vehicle, aircraft, vessel, crate or container if injury or undue suffering is likely to be caused to the animal by reason of

(b) insecure fittings, the presence of bolt-heads, angles or other projections,”

The incident that gave rise to the charge occurred on November 7th, 2007, when a livestock trailer carrying down or dead horses owned by 5133831 Manitoba Ltd. arrived at the Canadian port of entry at Emerson, Manitoba.

Upon examination of the load numerous draft horses were found down or dead with blood observed inside and outside the trailer and numerous scrapes and abrasions also noted on the horses.  Fourteen of the 22 draft horses either died during transport or were euthanized by CFIA veterinarians.

A related court case held in Manitoba Provincial Court on June 4th, 2010, resulted in the driver of the load, Mr. Geoffrey Giesbrecht, being found guilty of contravening Section 138(4) of the Health of Animals Regulations. This charge related to the transportation of animals that were injured or unfit for transport.  Mr. Giesbrecht pled guilty and was sentenced to 30 days in jail by Provincial Court Judge Roller.

The CFIA enforces federal legislation including the Health of Animals Act and its Regulations. The CFIA safeguards food, animals and plants which enhances the health and well-being of Canada's people, environment and economy, and access to international markets.

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For more information, please contact:

Western Area Communications
Telephone: 403-292-6219