(Ottawa) A Federal Court decision has suspended the application of the Canadian Food Inspection Agency’s guidelines regarding the ritual slaughter of animals.
The decision says there are serious questions about whether the guidelines are unreasonable and infringe on Charter rights to equality and freedom of religion.
A group of agencies that certify kosher meat sued the government earlier this month seeking an injunction. It argued that meeting the criteria was seriously slowing production to the point that slaughterhouses were no longer willing to provide the service and reducing access to kosher meat in Canada.
The decision says the government cannot enforce the use of the three indicators of animal unconsciousness under the guidelines until the court makes a final decision on the merits of the legal claim.
Although the guidelines were issued in 2021, the court’s decision notes that the Food and Drug Administration did not begin implementing them in all kosher slaughterhouses until June 2023.
The guidelines require slaughterhouses to repeatedly test rhythmic breathing, eye movements and blinks, as well as tongue movements, the animal’s posture and the sounds it makes.
The decision states that it is possible to ensure that animals intended for human consumption are unconscious “without using the three indicators of unconsciousness now mandated by the guidelines, by continuing the practice that existed for many years before the adoption of these guidelines.”
The decision states that granting the injunction to prevent the food agency “from strictly enforcing the three indicators of unconsciousness will have minimal impact on animal welfare and the public interest.”
Shimon Koffler Fogel, president and CEO of the Center for Israel and Jewish Affairs, said that while he was pleased with the decision, he hoped for a permanent solution that meets regulatory goals and protects kosher food safety.
“Both the Jewish community and the CFIA are committed to the highest standards of animal welfare, and we are confident that with goodwill, an agreement can be reached,” he said in a statement.
Kosher meat requires that animals be slaughtered without being stunned, while Islamic practices regarding halal meat allow for stunning the animal after the initial cut, if necessary.
The advocacy group Animal Justice is seeking intervener status in the case to represent the interests of the slaughtered animals.
“Veterinary experts and animal welfare organisations around the world” oppose unstunned slaughter “on the grounds that it involves slitting animals’ throats before hanging them upside down by one leg on a slaughter line, which can cause significant suffering” if the animals are not properly rendered unconscious by the cut, the organisation argues.
He noted that several European countries have banned slaughter without stunning while others require stunning of animals after their throats are cut to reduce the risk of conscious animals being hanged.