Appeal hearing starts for Chilliwack dairy cow abuse sentences

Appeal hearing starts for Chilliwack dairy cow abuse sentences

Crown says sentences handed down were not long enough; two men cross appealing

Crown counsel says the sentences handed down to three young men caught on video abusing cows at a Chilliwack dairy farm were not long enough.

The men, on the other hand, say the sentences were too long.

Lawyers for both sides were in B.C. Supreme Court in Chilliwack on Tuesday to hear the Crown’s appeal of the sentences to Travis Keefer, Chris Vandyke and Jamie Visser, along with a cross appeal filed by two of the men.

The proceeding was delayed, however, when it was revealed that Keefer was only officially served with court documents regarding the appeal three days before the hearing.

He showed up but told the court he needed more time to find a lawyer and prepare a defence. Crown said they tried to serve Keefer with papers in October, but he was in Dawson Creek.

The appeal was also no public mystery as lead Crown counsel Jim MacAulay told the court on June 15 an appeal of the three sentences was in the works, something reported by The Progress.

READ MORE: Chilliwack cattle abuse sentences not long enough says Crown

Keefer, Vandyke and Visser previously pleaded guilty to multiple counts of animal cruelty under the Prevention of Cruelty to Animals (PCA) act and one under the Wildlife Act (WLA).

On May 18, Justice Gary Cohen sentenced Keefer seven days jail, and Vandyke and Visser 60 days to be served on weekends. The men were banned from owning or handling animals for three years.

Their sentences were to be served intermittently on weekends to allow them to keep their jobs.

The three were among seven young men charged after a high-profile series of undercover videos filmed by animal right activists Mercy for Animals at Canada’s largest dairy farm, Chilliwack Cattle Sales (CCS).

MacAulay said after the sentences he would ask the appeals court to triple Vandyke’s sentence to six months, and ask for three to four months for both Visser and Keefer.

The company, Chilliwack Cattle Sales, and one director were also charged in the high-profile case. They pleaded guilty and were ordered to pay $345,000 in fines in December 2016.

The last man sentenced in the case was Brad Genereux in October. He was handed a 45-day jail sentence to be served intermittently, and an 18-month ban on caring for large animals

READ MORE: Last man sentenced in Chilliwack cattle abuse gets 45 days

Genereux’s lawyer Ed Cooper painted a picture of a “poisonous or toxic” work culture at Chilliwack Cattle Sales at the time of the incidents.

In a statement issued after the sentence, the BC Prosecution Service said after a review of Cohen’s ruling it was satisfied there were errors of law and the public interest required an appeal.

“The alleged errors of law relate to what constituted mitigating and aggravating factors,” the statement said; “and whether it was correct to equate the duration of the unlawful acts with the moral blameworthiness of the offenders.”

In essence, the Crown alleges the sentencing judge put too much emphasis on how many seconds each instance of abuse case rather than the sheer number of instances.

When told of the plan to appeal, MFA Canada vice-president Krista Hiddema said in the spring she was pleased the Crown was appealing to ask for longer sentences.

“We truly believe that the punishment must fit the crime to continue to send a clear message to the factory farming industry that animal cruelty will not be tolerated in Canada,” Hiddema said via phone from Toronto.

During the appeal hearing on Nov. 14, the courtroom was filled with family and friends of the three men, along with a representative from MFA.

Crown began its case by, again, showing the undercover videos of the men hitting, punching and kicking animals violently.

The hearing was adjourned until Nov. 20 so Keefer can find legal counsel to mount his defence.


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

/  Bob Friesen Photos
PHOTOS: Father’s Day Parade cruises through Mission

Taking It To The Streets event featured about 100 vintage vehicles

Alexis Paige Simpson has not been in contact with her family in two months. (RCMP photo)
Chilliwack RCMP looking for missing 20-year-old woman

Police say Alexis Paige Simpson has not been in contact with her family in two months

(Maps.Chilliwack.com)
RCMP seek dash-cam footage after Chilliwack road rage incident

Male driving a black pickup stopped and allegedly threatened to punch another driver

Deepak Sharma of Abbotsford has been convicted of the sexual assault of one of his cab passengers in West Vancouver in January 2019.
Former Abbotsford Hindu temple president convicted of sexual assault

Deepak Sharma assaulted a female passenger when he was a cab driver

A blood drive in support of 1-year-old Rielynn Gormley of Agassiz is scheduled for Monday, June 28 at Tzeachten First Nation Community Hall in Chilliwack. Rielynn lives with type 3 von Willebrand disease, which makes it difficult for her to stop bleeding. (Screenshot/Canadian Blood Services)
Upcoming blood drive in honour of Agassiz toddler with rare blood condition

The Gormley family has organized a blood drive in Chilliwack on June 28

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

One Reconciliation Pole and two Welcome Figures were unveiled during a ceremony in honour of truth and reconciliation on National Peoples Indigenous Day at the Vancouver School District in Vancouver, B.C., on Friday, June 21, 2019. THE CANADIAN PRESS/Chad Hipolito
Horgan marks Indigenous Peoples Day by urging recognition of systemic racism

National Indigenous Peoples Day has been marked in Canada since 1996

Most Read