R v Giesbrecht, 2010 MBPC

Geoffrey Giesbrecht pleaded guilty to violating the Health of Animals regulation, which was enacted in accordance with paragraph 64 (1) I of the Health of Animals Act.

The following is the charge levelled against him:

In violation of Section 138(4) of the Health of Animals Regulations, did, on or about November 7, 2007, at or near the town of Emerson in the province of Manitoba, continue to transport 14 draught horses that were compromised and non-ambulatory beyond the closest suitable place where it could receive proper care and attention. Consequently committing a crime in violation of the Health of Animals Act’s paragraph 65(1)(a).

It is vital to briefly recount what transpired to the load of 22 horses on November 7, 2007, as uncomfortable as the facts are. The man in charge of driving the truck that brought the horses from the United States to Pincher Creek, Alberta, was Mr. Giesbrecht. The horses were loaded in the United States around 5:00 p.m. on November 6, and by the time they crossed the Canadian border near Emerson, Manitoba, on November 7, 2007, around 8:00 a.m., 14 of the horses were downed, meaning they were unable to stand up. Some of the downed horses were already dead, while others had sustained injuries while travelling inside the trailer.

The accused was sentenced to 30 days in jail intermittently.