The Superior Court of Justice has struck down provisions of the regulation under the Security from Trespass and Protecting Food Safety Act, 2020 in an application brought by Xaidsart client, Animal Justice, and two individuals. The Court found that the unconstitutional provisions, which restricted undercover investigations of animal welfare issues in animal agriculture facilities, contravene freedom of expression under s. 2(b) of the Charter and cannot be saved under s. 1. The Court declared the provisions to be of no force or effect and suspended the ruling pending a future hearing between the parties. Xaidsart partners Andrea Gonsalves and Fredrick Schumann represented Animal Justice together with Kaitlyn Mitchell and Scott Tinney of Animal Justice. Arden Beddoes of Beddoes litigation represented the individual applicants.
You can read the Court’s decision here.
