Pork producer, John Nyenhuis
HEATHER BOA Bullet News BRUSSELS – Legislation that sets up the Ontario Society for the Prevention of Cruelty to Animals as a “private police force” needs to be changed, an Ottawa lawyer told 300 farmers gathered at the Morris-Turnberry Community Complex today.
“It gives police powers to a private organization. There’s no accountability there. There’s no transparency there…This is a private police force,” said Kurtis Andrews, of Donald R. Good and Associates, who was among six speakers to address the OSPCA Act in an information meeting hosted by the Huron-Perth Landowners Association.
Sebringville area pork producer John Nyenhuis, encouraged farmers to work together to bring change to legislation so that fewer families would go through similar experiences to his, which began in May 2012.
Earlier that year, Nyenhuis made the decision to keep five pigs born with hernias, raising them until he was done planting his crops to take them to an abattoir, intending to keep the meat for his family. He kept them well fed and separated from the others and watched that the hernias didn’t drag on the ground, which would cause bleeding and attack by the other pigs. By the time he was ready to ship them to provincially licensed Metzgers Meat Products in Hensall, the pigs ranged from 125 to 250 pounds, with hernias from the size of a grapefruit to a basketball. He planned the delivery so that they would arrive just hours before they were to be butchered.
When he arrived at 8 a.m., he was met by inspectors from the Canadian Food Inspection Agency and from the Ontario Ministry of Agriculture and Food. The provincial inspector objected to the transport of the pigs with hernias and took photos on scene, also calling in the provincial veterinarian.
“Little did I know this particular incident was going to drag on six to eight months of my life,” said Nyenhuis, who went home before the veterinarian arrived.
Nearly a week later, two women in OSPCA uniforms came to his home, asking for identification before reading his rights to him. He was told they were investigating and would return if charges were to be laid.
“I just couldn’t believe this was happening. I was in shock,” he said.
They did return, more than three months later. It would be another three months of meetings and nights spent worrying about the possibility of criminal charges before he finally settled, pleading guilty to two charges related to causing distress for an animal, both of which are not criminal charges. He paid a $750 fine, plus court and lawyer fees.
Nyenhuis said he is careful to avoid a second offence, which may result in a fine of up to $25,000.
“We sure have euthanized a lot of pigs. We can’t take a risk because of the situation we’re in,” he said.
Neyenhuis did everything right when he took his pigs to the abattoir, said Dr. Marty Misener, of Southwest Ontario Veterinary Services, which services the pork production industry.
“If John had of called me before he shipped those pigs and said ‘hey Marty, I’ve got some belly ruptures, they’re in good condition, they’re not sick, they can walk, the biggest one is about the size of a basketball but it’s a long way from the ground, there’s no open sores and I’m taking them to my local butcher for home use, what do you think?’ I’d say ‘perfect, that’s exactly what you should do,’” Misener said. “I’d have been wrong.”
He said either subjectivity must be removed from every case or legislation must be changed.
Cynthia Moyer, Huron-Perth Landowners Association.
Unlike the Police Services Act, which provides an avenue to deal with public complaints against officers, there is no such mechanism within the OSPCA Act to deal with public complaints against its officers. Additionally, Freedom of Information and Protection of Privacy Act does not extend to the OSPCA, meaning that people who are being investigated cannot access their own files.
Cynthia Moyer, of the Huron-Perth Landowners Association, called on the audience to work for change.
“Each of us plays an integral role in ensuring that justice is upheld and if you, like me, thinks there’s a problem, then may I suggest we work together to fix it.
The Ontario Landowners Association is raising money for a legal challenge of the act.
21 Comments on "OSPCA Act requires transparency, accountability, panel says"
Everyone should belong to the OLA to learn about personal property rights and get their registered land patent.King George 4th has his words of guarantee backing the rights of the landowner and calling these provincial scoundrals urserpers and those scoundrels who pursue in their ill intent can be punished severly by the crown for the acts of urserpatation! I have learned that land patents with their promises were here long before the provincial or municipal powers appeared. On the states side I understand the settled land have similiar land patents granted by King George 3rd with his promises! I believe there are many organizations that need to curbed and applaud the folks that arranged this meeting and our local chapters president Cindy Moyer as a very courageous intelligent lady dedicated to helping educate the members of the OLA!
I must say that I do not agree with this at all! From an outsider’s point of view, I can very well see why the OSPCA stepped in with respect to the situation involving pigs with extensive hernias. As a nurse, I have witnessed first-hand the pain that is experienced by individuals who are suffering from an exasperated hernia. And let me tell you, these hernias were not even close to the size of a ‘grapefruit’ or a ‘basketball’. Have any of you that think that it is not a problem to allow any animal to suffer in this condition ever experienced hernia pain? Do you realize that various species of animals posess a similar system of pain perception as we do? This is WHY this issue was a problem that required the involvement of the OSPCA and other officials with respect to animal rights/ animal cruelty. Why are there so many individuals that own agriculturally zoned land that have never come under fire for animal cruelty issues? Perhaps they understand that with owning land that allows you to also own and operate a livestock operation, comes with great responsibility. This responsibility includes a respect for the animals that you are using for profit. The OSPCA does not object to livestock operations, so why the concern? The only reason that anyone should feel threatened by this organization is if they are aware that they are running an unlawful operation. From my perspective (an individual who does not run a livestock operation, but grew up on a farm and understands that a respect for livestock can be demonstrated by those who are using them as a source of profit), there is obviously a reason that the OSPCA exists! For those of you that are aware of neighbours or colleagues that have demonstrated acts of animal cruelty or a violation of animal rights, do you really want to come together and support these individuals? Do you really want to show the rest of the community that you do not feel that there is anything wrong with what they are doing/have done? Please do not allow yourself to be painted with the same brush, and understand that there are minimal laws in place that protect the rights of animals, and this will only change for the better!
When reading this article I was floored. What a sad bunch of people these Ontario Land Owner’s Assocition members are. They feel they have the “right” to abuse animals because they are farmers? LOA, you are not above the law, and you never will be. Good on the Canadian Food Inspection Agency and the Ontario Ministry of Agriculture and Food and the OSPCA for stepping in against John Nyenhuis. No sympathy here for you buddy.
It is abundantly clear and extremely disheartening to me that John Nyenhuis, who owns and operates a pig farm in Sebringville, is completely oblivious to the fact that pigs are living creatures who feel emotion and pain.
Does Mr. Nyenhuis not understand how much pain a hernia can cause to the body, whether it be a pig or any living creature? Obviously he does not consider his pigs worthy of the time it would take to notice their suffering, as they are just a means to an end for him.
It is unfortunate that people like Mr. Nyenhuis are permitted by law to operate these farms for profit. There is nothing wrong with working hard and making an honest living, but not at the expense of living, wonderful creatures on earth.
I find it extremely offensive and disgraceful for Mr. Nyenhuis to be whining about the OSPCA’s involvement and the time it took out of his precious life to deal with impending charges. If Mr. Nyenhuis cannot understand why he was being investigated and later plead to two counts of causing distress to animals, he should not be permitted to raise pigs or any other animal!!!!
Oh sure, and if I don’t like the law I will just create my own police force with my own rules. Give me a break!
You’re kidding right?! That farmers should be above the law? It is cruel to have hernias left untreated and the farmer should have to deal with it like anyone else.
It baffles me that people who are working hard to make owners of pets/farm animals, whatever accountable for their actions, that we have people (usually the ones who violate the laws) try and be above it.
Its not about crazy animal nuts like PETA, but people (like me) who feel that ALL animals should get humane treatment from day one, whether they are going to be a pet or food.
Have real animal rights workers like Temple Grandin had their work done for nothing?
No, but I will stand up and make sure that all people are doing right within the law.
Just because they are farmers does not give them the right to have their own set of laws. Thank goodness for the OSPCA for their great work as we know animals do not have a voice.
I am sickened (once again) that people are upset that we (the “general public”) are starting to notice and demand that any creature deserves at the very least some small level of compassion. While I agree with Nyenhuis that the laws need to be change/addressed–that’s where we part. If I had my choice, people like him would be in jail for ignoring the very obvious suffering these animals face on a daily basis! Anyone who’s ever had a hernia (or loved/known someone who had/has one) can attest to the fact they are torturous.
I’m so very glad that someone stepped up to enlighten Mr. Nyenhuis on the fact that what he put those pigs through WAS wrong! And for him to note “We sure have euthanized a lot of pigs….” is this suppose to tug at our heart strings for him? If so, he’s sadly mistaken. I just do not understand where common sense is in all of this? If an animal is clearly suffering and you will not medically intervene with solutions (if possible) why would you prolong their suffering? As a “rural community” family and where OLA indicates (on their website) “The OLA shall defend and promote the principal of strong local governments, democracy, and natural justice and represent the interests of the rural community.” … should they not be defend and promote the interests of ALL rural community persons?? Our family would NEVER want this defended!! OLA is clearly over stepping on this issue!
As a Canadian consumer and an Ontario citizen, I am pleased to hear that Mr. Nyenhuis was met by “inspectors from the Canadian Food Inspection Agency and from the Ontario Ministry of Agriculture and Food. The provincial inspector objected to the transport of the pigs with hernias and took photos on scene, also calling in the provincial veterinarian.”
The consumer relies on government agencies to ensure the quality of the food supply. And there is no need, in this day and age, and in this country, for animals of any sort to suffer in order to meet our needs.
There’s no accountability there. There’s no transparency there… hmmm ..could think of another group of people this could apply to.
The treatment of these pigs is, to any reasonable person, cruel and very wrong. Just because you own some land and for the most part operate out of the public spotlight, does not make you above the law.
If I were keeping these animals in my garage and people could see what was going on, I don’t think it would be long before I had the authorities banging on my door!
The OSPCA are doing their jobs and taking action when appropriate. People who have nothing to hide, hide nothing….I can’t think of any other group of people who are not monitored and held accountable ie, doctors, lawyers, dentist social workers and on and on..so why do the farmers feel that they should be given carte blanche. They should not.
As far as our little history lesson from the gentleman who left the first comment, im sure King George IV could not have forseen the abuse and cruely that was going to take place on these lands.
Just because something was law a very long time ago does not make it so today, ie, slavery, or does Mr Hughes think that the landowners and plantation owners should have been left to go about their business also…..I think not.
If these people were not breaking the law (animal distress) they would not have to worry about the OSPCA. It’s as simple as that!!! I wish that the particular famer in this story could experience the pain of a hernia let alone one the size of a basketball!!!! And his argument is that it wasn’t bleeding or dragging on the ground??? Is he for real??? I am astonished at these people’s inability to have compassion or empathy at the least for these poor animals who are at their mercy.
Oh, well cry me a river. He “couldn’t believe it was happening”? He “was in shock”? Why? His animals had hernias the size of grapefruits and basketballs! Any responsible livestock farmer would either have them fixed (if possible) or put the animal down. I hope we aren’t supposed to feel bad that he has “had to euthanize a lot of pigs” because that is what should have been done to those ones, not keeping them alive and suffering for months. The only sad parts about this story is how those poor pigs suffered, and the idiocy of the OLA.
It sounds to me as though John Nyenhuis was not concerned with doing the right thing: he allowed those pigs to suffer. The inspectors at the abattoir did not like the condition the pigs were in. Somebody reported what they saw to the OSPCA who also did not like the condition the pigs were in. So now, somehow someone thinks that the OSPCA has to be accountable for all of this. Mr Nyenhuis, you have to be accountable. Do the right thing this time. Take responsibility, learn from your mistakes, be a better man and move on.
Nothing New:
Present within this friction between “Landowners” and Citizens for Animal Justice is the essence of all frictions I’ve encountered in the past 14+ years of seeking change and compassion for those deemed “lesser” beings, thereby abused, exploited … living in the impact of non-caring perceptions of innate superior rights.
That presence being unevolved consciousness of a 2yr old. “MINE!” “MY SANDBOX!” “MY TOY!” “MY FREEDOM!” … “YOU CAN’T TELL ME WHAT TO DO!” “YOU HAVE NO RIGHT!”
To disturb this annihilistic path of self-indulgence exhibited more and more frequently by those intent on exploitation and abuse, the path currently destroying the earth and its inhabitants, one faces the challenge of “how to communicate” the impact on the whole by those believing themselves and their actions to be righteously THEIR OWN DOMAIN and not to be tampered with by anyone else.
This basic premise needs yet again to be stated. No man is an Island unto himself. With the aid of the internet the world shrinks and conduct of any one person becomes the interest and business of every human being. As it has existed within local community, our community is now the entire world and all its inhabitants.
Special Rights:
1) Being a “Landowner” does not provide special rights to conduct your life and business above the law and above society’s scrutiny.
2) ALL businesses are conducted within parameters of law, ethics and good practice (fair and equitable conduct).
3) Scrutiny of business parameters are constantly evolving with the constant evolution of life, day by day, moment by moment.
No doubt had it been useful to the Landowners Association, they would be calling for increased duties for the OSPCA rather than spinning their rightful role as protectors of animals into “private police force” with its sinister evil implied. Nothing new here either.
Of utmost concern to those awake to the evolution of life is the well-being and suffering of all beings. A reality possibly new to the members of the Landowner Association. Upset by being “dragged” into evolution of life as it is occurring in the 13th year of the 21st Century is not new. We all know the common adage “Time stands still for no man” &; “Time marches on.” Use of today’s communication tools of the internet is available to band together every group, including those evolved to understand the role of human-animal relations as a relationship of duty, respect, appreciation and quite frankly, awe.
Life declared the cave man evolve in spite of himself. We have reason to hope and believe Ontario Landowners and Farmers will too.
I have got to say… YET again…. though I DEPLORE and do not in ANY circumstance ANY level of abuse or suffering of ANY being… be that animal… human being or the planet…. but yet again…. everything I have read in terms of comments here is EXTREMIST and is WHY people who are TRYING to do right in the world get branded as such….. my former boyfriend before I married my husband AND my husband BOTH had VERY VERY BAD hernias….. and my nephew had one too….. and there ARE SOME HERNIA’s even quite bad ones that yes CAN give pain IF they are put into “stress” lifting or doing things that one shouldn’t equally there are times when they give NO trouble at all… PLEASE PEOPLE if you WANT MY CONTINUED support… less of the extremism and more of a balanced view on things….. the OSPCA in this country has MORE powers then the police…. that can’t be good….. AND equally…. this hiding behind anonymity is cowardly and wrong and lends itself to abuse… I have OFTEN remarked about abuse when I have been at horse auctions.. shows etc… and I have the BALLS to do it to the peoples faces AND then … ADVISE them that I intend to take the matter up with the OSPCA… and shall I tell you something… when I witnessed a woman beating a WILLING horse at an auction AND reported it… after giving the ABUSER a mouthful to her face…. the OSPCA tho I gave them the woman’s complete details that were visible on the stall… NEVER took up the complaint… so how is that for OSPCA action… and where are they when it comes to ABOTOIRES I will tell you where… NOWHERE to be seen…. so for all their pouncing on people like my brother who they harassed for having his bird out in the garden UNDER a shady tree in a SAFE CAGE… for weeks… terrorizing an old man.. who ADORES and cares for his bird and cats and dog….. and I KNOW that bird was safe from (their words) imminent threat…… because I actively do rescue work for the Hamilton Parrot club and before that for the Southwestern Ontario Parrot club when I was a member there… and I had to threaten them to involve the experts from both clubs and the Guelph Avian vets… when you are on the end of a BOGUS bullying by the OSPCA… then you can speak…. as for agriculture…. OR puppy mills… we NEED a BALANCED SYSTEM that WORKS…. not one that is SELECTIVE in its process and bullying in its tactics… and make no mistake I SUPPORT the closing of puppy mills… I do NOT accept that dogs OR cats are livestock AND I believe that ALL animals be they livestock or pets… DESERVES to be treated compassionately and with respect… but I refuse to be ABUSIVE verbally or otherwise of Agriculture generally… it is NOT in a farmers interest to abuse his livestock… and think about it LOGICALLY…. SICK or DISEASED or ABUSED animals DON’T MAKE MONEY…. a pig that cannot stand will be refused at sale OR to be trucked…. smarten up… speak to the truth… speak from knowledge… and stop putting your efforts back ten years by being militant…. when you are militant people turn away from you
What a bunch of animal rights activists comments. None of you above have any idea of what is involved in the business of farming, looking after animals and providing for your own food. If it was not for farmers, NONE of you would have anything to eat, on your tables. Don’t cut off the hand that feeds you.
Something, that unfortunately in every walk of life and people involvement, the right to privacy of the accused has been abused.
The OSPCA has to be controlled. What, in their minds may be unjust or proper treatment, as above, in the comment by the farmer’s vet was not abuse, but was to the OSPCA. THEY, as anyone else, must and should be held accountable. Someone mentioned carte blanche, well, again, the OSPCA CANNOT be allowed to do things without reproach or someone to be able to follow up and for them to answer for their actions. I do not believe in animal abuse, but I also do not believe in the OSPCA being given POLICE authority to walk into any situation, just on their own, without the person being investigated having rights to come back on or demand that these people can not walk over private personal rights. If a Policeman broke the law or did something questionable, he has to stand before the police board and respond as to his actions. Why should these OSPCA people not be bound to do the same?
Wrong Bob! I grew up and worked my whole life on a farm! We never had a problem with the OSPCA because we treated our animals in a respectful and humane way. While you are lumping us all into the same category as “a bunch of animal activists” I have never said that all farmers are abusive. We don’t care if the people who own the animals are farmers or not…we simply do not want animal distress to continue to be allowed and want to see the changes needed to bring that into reality.
If someone is doing something illegal on their property regardless of whether or not it involves animals they do lose the right to privacy. If you are doing nothing wrong why is there a problem with an inspection being done? Any charges that are laid by the OSPCA have to be proven in court before a judge not according to the OSPCA’s opinion but with legal evidience that is based on the law in order for a gulity verdict to be brought. If there is nothing illegal going on what is there to hide? What is there to be afraid of? Why is there such defensiveness?
Well said Natasha…I find it quite shameful that you, Bob L, would criticize anyone with concerns of possibly causing animals distress and notice I said “possible”. No one is lumping all farmers together and I don’t think anyone here is claiming to know first hand what happened with Mr. Nyenhuis’ pigs. Hence the importance of having an overseeing body to ensure the welfare and proper treatment of all animals as well as farm animals. While most farmers I’m sure are caring and compassionate, what about those that are not? I have witnessed terrible treatment of animals and while i am very frustrated with the lack of action by the OSPCA in those cases, to take away their rights or inhibit their ability in any way is absurd. Who else is going to be able to help? No one?? Are you kidding me?? I do feel the OSPCA should have more transparency in regards to their management of funds and exposure of their actions related to calls related to animal distress but they absolutely should have policing rights when it comes to the removal of sick and distressed animals. It goes to court and needs to be proven anyway. And like like everyone here has said, the bottom line is you’re not guilty of anything than you’ve got nothing to worry about right? I am so sick of hearing the term that people who could obviously care less of the welfare of animals like to use “animal rights activists.” They just love to make us all sound like renegade vigilantes who don’t have a real clue! Wow, since when has being a caring and compassionate citizen for all animals been a bad thing!
As advised by the publisher, as per the policy of this paper (“Bullet News Huron does not public links to other websites in its comments section. The section is reserved for your thoughts.” Heather Boa Publisher, Bullet News Huron) I cannot include a direct link to 3 specific documentaries which fully express my thoughts – my thoughts being, full consciousness includes the recognition of our human acts which exploit and abuse animals, as practiced in traditional farming and view of dogs as livestock. Dog-Livestock, kept in conditions that rival the most inhumane practices of Factory Farming.
There is nothing humane in caging dogs, or housing dogs in barns to then be sold FOR MAXIMUM PROFIT (inherent in this dictum is minimal care cost) and presented as fit “goods” for human companionship WITHIN the homes of those purchasing the dogs.
MY thoughts: viewing “Harold Brown: From Cattle Farmer to Animal Advocate”, “Mad Cowboy” “Peaceable Kingdom: The Journey Home” … stories of Traditional Farmers and their experience of conscience and animal welfare, is critical to this situation in Huron County and all Ontario Counties and their Land Owners and Associations.
Dennis Battler / Animal Ashram.
In today’s society; I am totally amazed and saddened at the ignorance of people who are considered educated. In Canada and the majority of the world dogs are considered pets, not livestock.
I pose this question to you; if the laws were changed, would these “dog farmers” be paying tax on the revenue they make from these poor dogs, better yet, are they currently paying taxes on the revenues they are making.
Sent from a rescue mom who adopted a dog rescued from one of your local “farmers”