The provincial Crown has stayed all charges against a Craik-area farmer who allegedly violated the province’s animal protection laws.
Moose Jaw Provincial Court hosted a trial from Aug. 12 to 16 for Thomas (Tom) Miller, who was accused in May 2023 of mistreating his animals.
The Crown had charged the cattleman with breaching sections 4 and 23 of The Animal Protection Act and section 445(1)(a) of the Criminal Code. Section 4 prohibits people from causing animals to be in distress; section 23 accuses people of failing to comply with a protection order; and section 445(1)(a) accuses people of causing unnecessary suffering to an animal.
However, on Aug. 16, before closing arguments began, Crown prosecutor Monique Paquin informed Judge Daryl Rayner that she was staying all charges against Miller.
Miller told the Moose Jaw Express that he was thrilled with the trial’s outcome and was relieved it was over since it placed “tremendous stress, depression (and) anxiety” on him, while he also faced disparaging comments from some witnesses that frustrated him.
Besides his mental health, Miller said this trial also negatively affected his wallet because he was forced to sell a dozen cow-calf pairs, scrap metal and cash out of his pension to pay the $100,000 in lawyer’s bills and recovery of his 55 cattle.
His goal is to launch a civil suit against the provincial government to recover that money.
Jim Lutz, Miller’s lawyer and a partner with Calgary firm Dartnell Lutz, said the Crown made the right decision to stay the charges because testimony from one witness — upon which the Crown relied heavily — proved to be unreliable.
During the trial, the court heard that Animal Protection Services of Saskatchewan (APSS) hired Saskatoon veterinarian Dennis Will to inspect Miller’s animals. After assessing them, Will alleged that the cattle were covered in lice and emaciated.
However, testimony from a Moose Jaw veterinarian who inspected the animals when they were housed at Heartland Livestock refuted Will’s assessment and determined they were neither emaciated nor had lice.
Furthermore, bone samples taken from two dead animals confirmed that they were not emaciated and had suitable bone marrow fat content. Therefore, Lutz pointed out, the evidence made Will’s testimony unfounded.
“The Crown doesn’t give reasons why they stay charges, but my guess … is they came to the conclusion that the totality of the evidence meant they had no reasonable likelihood of conviction,” the lawyer said.
Added Lutz, “This is a great example of the Crown taking a really hard look at their evidence and being realistic. So, it’s (also) a really good example of why people ought to be happy with the justice system we have because when the Crown’s called to task, they do the right thing.
“That part made me quite happy.”
Corey Kuemper, a friend of Miller’s, said significant changes need to occur within APSS to prevent something like this from happening again. Specifically, he wanted to see the executive director resign and for all APSS officers to wear body cameras. Moreover, he wanted to see the province reduce the powers that the organization had.
Kuemper added that he intended to inform Premier Scott Moe and the Ministry of Agriculture about the case.
The Express reached out to the Crown for comment but did not hear back by press time.
Editor's note: This article has been updated to reflect comments received from APSS.
