The Longueuil deer saga experienced a new twist on Tuesday. The Court of Appeal agreed to hear the SPCA and the organization Sauvetage Animal Rescue, which requested authorization to appeal the judgment of the Superior Court handed down on October 4th.
“Without commenting on the chances of success of the appeal, I am of the opinion that the situation is exceptional and that the best interests of justice require that leave to appeal be granted,” wrote Judge Stephen W. Hamilton in a decision issued on Tuesday.
Judge Hamilton also agreed to grant the request for a stay presented by the two organizations until the case could be debated on the merits.
The SPCA and the organization Sauvetage Animal Rescue, which is represented by lawyer Anne-France Goldwater, had addressed the Court of Appeal on October 19 in a final attempt to prevent the slaughter of dozens of deer in Michel-Chartrand park where they are in excess. The two organizations believed that the Superior Court had erred in rejecting their request for a safeguard order. In a decision handed down on October 4, Judge Andres Garin had concluded that granting a stay, as requested by the two organizations, “would have the obvious consequence of aggravating the problem of overpopulation of deer and the prejudicial effects that ensue”. The inconveniences suffered by the City of Longueuil would have been greater than those suffered by the plaintiffs, he ruled.
The hearing in the Court of Appeal will take place on November 25. Judge Hamilton also orders the City of Longueuil “not to kill deer in Michel-Chartrand Park until November 25, 2022 at 5 p.m. or any other date that may be set by the Court”.
Last July, the City of Longueuil announced its intention to carry out a controlled crossbow hunting operation in Michel-Chartrand Park in order to reduce the size of the herd of deer, which cause significant damage to vegetation. According to the most recent count, there are 108 deer in a park that can only support 10 to 15 individuals, the city estimates.
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