A Court of Queen’s Bench judge has dismissed an application for a judicial review of a decision by Animal Protection Services of Saskatchewan not to return seized cattle to their owner.
However, Justice B.L. Klatt said APSS could have been fairer in working with the cattle producer.
Andrew Mandziak from Hubbard, Sask., also tried to appeal a corrective action order issued by APSS and to have sections of the Animal Protection Act declared unconstitutional.
The seizure took place in June 2020 after reports of animals in distress on Mandziak’s farm. The investigation found about a third of the farm’s cattle were in distress, as well as some dead animals, and seized about 135 head.
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APSS had concerns about the size of the herd in relation to the quality and quantity of food and water supplied and refused to return the seized cattle. They were subsequently sold.
Mandziak’s lawyer, Tony Merchant, had argued that the animals were sold too soon according to legislation.
Justice Klatt said APSS should have advised Mandziak that there were density concerns and discussed that with him before it sold the animals.
Klatt dismissed Mandziak’s other applications as well.
