2023-01-17_Motion_Dismissal_Signed

DAQ’S LAWSUIT AGAINST THE RODEO: ANIMAL BEINGS’ STRANGULATION AND NECK TWISTING UP TO 180°

When suing in the Province of Québec, there are legal rules to follow. Normally, the applicant must be directly affected by the matter in dispute before the Court. In other words, the plaintiff must be a direct victim of the harm.

However, in a Public Interest Lawsuit, the interest required to bring the lawsuit (also called “Legal Standing”) does not require a plaintiff to be directly affected. The Code of Civil Procedure requires that the plaintiff satisfy three criteria before the Court to have public interest standing. These three criteria are:

1) the case must raise a serious issue the Court can decide,

2) the party must have a genuine interest in the matter, and,

3) the lawsuit must be a reasonable and effective way to bring the issue to Court.

Considering these three criteria, DAQ assessed the state of welfare and safety of calves (babies of the cow) and steers (calves that have become adolescents) concerning the rodeo activities at the St-Tite Western Festival.

Our analysis was based specifically on veterinarian consultations. For example, one of the objectives was to assess the frequency and severity of abuse and the distress to which the animal beings are subjected. Our findings led us to file our public interest lawsuit in May 2022 seeking a permanent injunction to protect the calves and steers.

Opposing parties in public interest lawsuits often file requests that advocacy groups be compelled to demonstrate their interest in bringing an action before a judge who has sole discretion to consider whether the case has “Legal Standing”. Also, in a public interest lawsuit, the Court can control spoilsports who wish to use the legal system’s limited judicial resources. For example, the City of Longueuil argued that the Plaintiffs, Animal Rescue Service and citizen Florence Meney, did not have public interest standing regarding controlled crossbow hunting to manage a herd of white-tailed deer present at Michel-Chartrand Park.
On January 17, 2023, the St-Tite Western Festival raised an objection that our lawsuit continue. They filed a “Motion to Dismiss the Action and Abuse of Procedure ». In other words, the St-Tite Western Festival contests DAQ pursuing its public interest lawsuit in Court.

On March 21, 2023, the St-Tite Western Festival will ask the Court to dismiss our action without a trial taking place. DAQ will vigorously contest this request to move forward with our public interest lawsuit to prohibit animal being mistreatment.

Calves and steers being the most vulnerable, this trial must be held to put an end to the abuse and mistreatment of which they are victims. Calves and steers need you. Your support will help end animal beings suffering.