TOM VAN DUSEN, OTTAWA SUN

PRESCOTT -- The deadline for a nearby farmer to turn over his "illegal" flock of laying hens to the province's egg marketing board came and went without incident Tuesday, the same day the OPP promised to investigate cruelty allegations connected to the case.

Shawn Carmichael was given until 4:30 p.m. to give up 9,000 chickens or face fines of up to $2,000 a day for every day he remains in contravention of the order issued by Egg Farmers of Ontario under the provincial Farm Products Marketing Act.

Speaking during an orderly visit with members of the Ontario Landowners Association to the Prescott OPP detachment the same day, Carmichael reiterated he won't respond to the EFO.

EFO general manager Harry Pellisero said yesterday that's far from the end of it. Marketing board lawyers are now formulating "at least" three charges against Carmichael which will be served shortly: Illegal possession of fowl; selling ungraded eggs; and failure to remit appropriate fees to the board.

800 CHICKENS DIED

Carmichael said 800 mishandled chickens died during and since a raid at his farm March 23 by a 40-member crack force of EFO, Canadian Food Inspection Agency and OPP officers bent on removing "evidence," including paperwork, eggs and the entire flock, proving the farmer has been selling uninspected, ungraded eggs ... even though his business includes an egg grading station.

Carmichael has yet to be charged with any infraction by any of the agencies involved in the raid.

Led by president Randy Hillier, about 50 OLA members went to the detachment to present witness testimonies and photographs they claim prove that the raiding party is guilty of animal cruelty.

The information was accepted by Insp. Brent Hill who promised to investigate cruelty complaints under sections 445 and 446 of the Criminal Code of Canada. Hill was part of the OPP contingent at the Carmichael farm during the raid.

The OLA also maintains the SPCA is guilty of failing to intervene after the regional branch was called while the raid unfolded.

Photos taken at the time show chickens packed so densely in moving crates that wings and legs are protruding through wire mesh.

While Pellisero insists they were loaded according to the industry standard of 6-7 per section of crate, OLA member Merle Bowes, who helped release them, said he counted double that number in several sections.

At the Prescott police station, Hillier asked Hill to explain why the OPP was involved in an 11-month "undercover surveillance" operation with the CFIA involving Carmichael.

Hill replied that he wasn't aware of details of the investigation prior to the raid.

When Hillier asked for officers' notes on the operation, Hill said he'd have to apply for them under Access to Information legislation, which Hillier promised to do.

"While gangs shoot up innocent victims in Toronto and our borders are open to smugglers of guns, drugs and illegal aliens, our police services devote their manpower to find an egg grader who has run afoul of a bureaucrat," Hillier railed.

Hillier also asked Hill to investigate the OPP's own behaviour during the raid because some 20 officers present failed to stop "a criminal act that was in progress" -- namely animal cruelty -- something he described as a "fundamental breech of duty and responsibility."

Randy Hillier
President, Ontario Landowners Association
RR 3 Perth On
K7H 3C5
Tel 613-267-6661
Tel 613-257-7968
Fax 613-267-6932
randy@ruralrevolution.com