The verdict is in, and the winner is............

[kato]

SADIE..... and the rest of us, thanks to his hard work. And thanks to the help of everyone who chipped in on his quest for justice.

Here's the link with the final decision.

http://cart-crac.gc.ca/CART-CRAC/display-afficher.do?id=1283972574866&lang=eng

Now comes the time to see what ramifications this all has for the rest of us producers, to say nothing of truckers, auction marts, packers, and everyone in between.

Give it a read. It's long and legal, but it shows some common sense still exists in this world.

Discussion to follow................

[kato]

ooppss..

that link didn't work for me

try
http://cart-crac.gc.ca/CART-CRAC/display-afficher.do?id=1274223901000&lang=eng#a2010

Then click on A60380 - Habermehl v. CFIA it's right at the top, for now.

Tested this one. It works.

[kato]

Could use a little tech support here.... I copied and pasted the link before posting to the thread, and it worked. Once I posted it to the thread, it didn't work any more.

When in doubt, google "Canadian Agricultural Review Tribunal Decisions". You'll find it.

I think I hear a black helicopter hovering over the house................ LOL

[smcgrath76]

Good work Sadie. As I read the ruling,
perhaps the biggest thing is the issue
of failing to check all possible points
of failure. In other words, without
checking the cattle into the trailer,
checking the trailer contents, and even
checking the ditches alongside the
route, it is very difficult (impossible)
for CFIA to determine blame.
The way I read the results as well, is
that Sadie definitely followed the rules
and the general accepted practice of the
legislation and all cows were tagged
prior to exiting the community pasture
tagging point (as was the intent of the
legislation)
So...
I know this will tick off the writers of
prose in Ottawa. Will they rework the
legislation to say that cattle must have
tags at their point of destination?
This is impossible to accomplish in the
field, but it certainly shifts the
liability back to the guy they want to
be liable and makes the CFIA job
relatively straightforward.
Do they force double tagging?
Do they require RFID numbers on the
manifests?
Do they create more tagging points? etc.

As a result of this case and my
interactions with Ken, we currently:
1. check every animal for a CCIA tag
immediately prior to shipping
2. send a signed affidavit with every
load stating that all tags were in place
and checked when the cattle left our
yard
3. take extra tags with us where ever
and whenever we go

I can see higher costs coming out of
this case as the CFIA works to shift
themselves out of a contestable
position. I think we will need to be on
our toes and make sure that the results
serve the public and hopefully industry
better than the current setup.

[SADIE]

smagrath 76---could you please send me your email address? THX

[grassfarmer]

So was Mr Rutledge under oath when he claimed to be the owner of a large auction mart,lol.

[kato]

And your point is???

I think the fact that his testimony went a long way toward helping future targets of the "Tag Police" have some precedent to fall back on is the real point.

He did us all a service by making the effort to be in court and stand up for the whole bunch of us, and one word out of a seventeen page summary of a full day's trial can't subtract from that.

Just my opinion here, but I'm glad he stood up for us, and appreciate his effort.

[grassfarmer]

I thought the courts had a duty to get the facts right? goes to "credibility of the witness" on all the TV shows. I certainly don't want anybody to think Roy speaks for me. I guess next you'll be telling me he's pulling a Robin Hood and taking from the rich to give to the poor.

[SW1-32-5-4]

Congratulations to Sadie for a job well done. Yes Roy admitted to having been [past tense] a market owner. Do I smell some sheep manure or is that NFU left overs???

[Happytrails]

After reading the tribunal decision one realizes the long odds of winning. Ken's credibility tipped the balance. We are lucky he led the charge as I am sure many of us would have failed. But now we are innocent until proven guilty which is a huge improvement from before. Thanks again Sadie. HT