Vancouver, British Columbia – The B.C. Court of Appeal has upheld the break-and-enter convictions of two animal-rights activists who were involved in a protest at an Abbotsford hog farm in 2019. Amy Soranno and Nick Schafer of Kelowna have expressed their intention to appeal their sentences of 30 days in jail and one year of probation.
The Court of Appeal decision, issued Friday, upheld the original convictions and sentences. The judges agreed that the trial judge did not make any errors in excluding evidence related to alleged mistreatment of animals at the Excelsior Hog Farm. According to the appeal ruling, the evidence of animal mistreatment was considered irrelevant in determining whether the protesters had disrupted “lawful” activities. The justices also concurred that the trial judge should have given a “limiting instruction” about expert evidence regarding general biosecurity risks, but they deemed the error as harmless.
Soranno and Schafer were part of a group of four people initially charged in relation to the protest on April 28, 2019. While charges against two others were either stayed or resulted in acquittal, the couple was convicted of break-and-enter in October 2022. They were subsequently granted bail after announcing their plans to appeal the decision based on the trial judge’s refusal to allow the jury to see secretly obtained footage of animals on the farm.
Their appeal alleged that the footage showed “unlawful animal abuse” and provided context for their protest actions. A press release from the Animal Justice group revealed that Soranno and Schafer plan to appeal their 30-day jail terms, emphasizing that this is the first known jail sentence in Canadian history for peaceful, non-violent civil disobedience. The release expressed frustration over the minimal prosecution of farms for illegal cruelty, highlighting the discrepancy between the punishment they received and the leniency shown towards farmers in similar cases.
The farm in question, Excelsior Hog Farm, has been at the center of multiple animal abuse allegations, with the BC SPCA investigating and the release of further incriminating video evidence. The Binnendyk family, who owns the farm, has refuted these allegations, stating their compliance with food safety and animal care programs. They believe the true motive of the activists is to abolish animal farming and protein consumption.
The continued controversy surrounding the farm underscores the ongoing debate over animal welfare and the ethical treatment of animals in agriculture. Despite the differing perspectives and ongoing investigations, the convictions and sentences of Soranno and Schafer mark a significant development in the intersection of animal rights activism and the criminal justice system in Canada. The case also raises questions about the use of hidden camera footage as evidence and the potential impact of such activism on agricultural practices.