A Saskatchewan Court of Queen’s Bench judge has ruled that the provi n c e’s Agricultural Operations Review Board does not have to hear an application from a bison producer concerned about nearby sheep.
R.J. Game Farms of Fairlight, Sask., which is operated by Rob and Roberta Johnson and her father, Ryan Clark, had asked the board to hear its concerns about a sheep farm operated by a neighbour and her daughter, Teresa and Joanna Walker.
R.J. Game Farms has had bison since 2004 and raises up to 2,200 head in the area.
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The Walkers bought land adjacent to the bison operation last fall, which raised alarm bells for the bison producers due to the risk of malignant catarrhal fever. MCF is thought to be common among sheep and is always fatal in bison. Bison are 1,000 times more susceptible to the disease than other ruminants.
The review board, however, turned down R.J.’s request, saying it didn’t have jurisdiction under the Agricultural Operations Act. The legislation states people “aggrieved by a disturbance” from an agricultural operation can ask the board to determine whether the disturbance arises from a normally accepted practice.
The board said there had not been a disturbance.
The bison producers then turned to the court to try to force the board to deal with the issue.
In a written decision released earlier this month, justice Jennifer Pritchard said the board’s decision was reasonable.
“In my view, on the evidence before the board, there was nothing upon which it might reasonably have concluded that R.J. Game Farms had suffered a grievance as a result of the Act complained of, or even, that it would inevitably suffer such a grievance,” Pritchard wrote.
“As a result, I find the board’s decision reasonable and not subject to further review by this court.”
