The Charter protects the speech of liars, even Holocaust deniers, the judge also observed, citing a famous Supreme Court of Canada decision that quashed the hate-speech conviction of a notorious Nazi sympathizer. “If lies can amount to protected speech in a context as odious as Holocaust denial, they should be equally protected when someone denies having a university degree or being affiliated with an animal rights group to obtain employment at or entry to an animal auction, petting zoo, rodeo, fair or circus,” he wrote.
Koehman’s ruling vacated parts of the regulation without overturning the law itself. He also suspended his decision pending another hearing to determine next steps, so the existing rules remain in effect for the time being.
Animal law organization Animal Justice, which teamed up with two individuals to launch the Charter challenge in 2021, declared the outcome a “victory.”
But agriculture isn’t conceding a loss.
The office of Ontario Minister of Food, Agriculture and Rural Affairs (OMAFRA) noted that the court “upheld the constitutionality of the Act in its entirety” with “certain provisions” struck down as “infringements” of section 2(b) of the Charter.
“We are currently reviewing the decision. As this matter is still before the courts, it would be inappropriate to provide any further comment at this time,” an OMAFRA spokesperson said.
The Beef Farmers of Ontario was “pleased” that the court upheld the legislation and its intent.
While supporting the right to protest on public property, BFO stated that protesters “do not have the right to trespass on private property or to threaten farmers, their animals or their livelihood.
“Trespassing, and even the threat of trespassing, on farms is detrimental to the mental health and well-being of our farmers,” a BFO press release said. “Everyone has the right to feel safe in their homes and their places of work.”
Source : Farmersforum