ANIMALS |
Société canadienne d'exportation de bisons Inc. v. Canada
A-264-00
2001 FCA 389, Desjardins J.A.
18/12/01
12 pp.
Appeal from Trial Division judgment ([2000] F.C.J. 514) which dismissed appellant's tort action brought pursuant to Crown Liability and Proceedings Act, s. 3(a)--Tremblay-Lamer J. concluded federal government, which imposed quarantine on farm serving as transit point for buffalo, could not be required to pay damages in view of immunity set out in s. 50 of Health of Animals Act--In 1991 buffalo belonging to appellant sent in small herds to Les Cèdres abattoir, located not far from appellant's farm in Saint-Augustin--On arrival at abattoir two groups of buffalo taken to corrals located in abattoir's stables--Agriculture Canada inspector required two herds of buffalo be placed in same corral, as not enough space to accommodate cattle--At no time appellant or owner of abattoir informed sample taken from one of buffalo carcasses and sent to laboratory for analysis--In December 1991, without appellant or representative being informed of sample in any way, Dr. Gilles Rivard, veterinarian employed by Agriculture Canada, imposed quarantine on entire Saint-Augustin farm--Terms of quarantine prohibited appellant from continuing to operate its business on farm--Trial Judge noted two herds of 53 and 19 buffalo had in fact been mixed on day of slaughter, so suspect ganglion could have come from either one of two--Concluded it was probable suspect carcass came from appellant farm and Dr. Rivard acted as prudent and diligent veterinarian when he imposed quarantine Report from first laboratory sufficed as basis for suspicion required to justify Dr. Rivard imposing quarantine--Act undoubtedly takes priority over disease control procedures manual--Dr. Asselin's scientific interest sufficient reason for undertaking analysis of suspect ganglion--Respondent made no error and demonstrated no negligence in imposing quarantine--Appeal dismissed--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3(a)--Health of Animals Act, S.C. 1990, c. 21, s. 50.