Ontario (Attorney General) v. Animal Justice et al. ONCA Court File No. COA-24-CV-0553

CFE Intervener Factum in the Ontario Court of Appeal

This case concerns the Government of Ontario law, Security from Trespass and Protecting Food Safety Act, 2020, and associated Regulation whose stated purpose is to prevent trespass, protect animal safety, protect biosecurity of the food supply chain, protect those working with animals and prevent the adverse economic effects that these risks can create. The CFE intervention addresses how the Act and Regulation penalize employees who are prospective whistleblowers engaging in expressive activity in pursuit of truth and social discourse. The Act and Regulation also compel employee expression by mandating and controlling the timing of whistleblower disclosure. And although the Regulation purports to provide an exception for whistleblowers, it is so narrow as to be illusory.