An Alberta woman believes the federal government is taking her to court as an example of what can happen when producers don’t put official identification ear tags on their cattle.
Kirsty Babiak of Jarvie is scheduled to appear before a review tribunal in federal court in Edmonton April 20, more than a year after she failed to tag five cows with Canadian Cattle Identification Agency ear tags.
“We feel like I’m going to court to be made an example of,” said Babiak.
The 27-year-old farm woman said it was the first time she has not tagged her cattle since the identification program was introduced in 2001 and feels Canadian Food Inspection Agency officials are being unreasonable.
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“This was one time I missed tagging. Why weren’t we even given a phone call about it?”
The problem started March 31, 2003, when Babiak and her husband sold five cull cows to buy feed for their 160-head cow herd.
They had earlier sold their cattle squeeze, so were without a restraining device and were unable to tag the animals.
The animals were shipped to Nilsson Brother’s auction market in Clyde, Alta. The couple didn’t ask staff at the Clyde auction market, an official tagging site, to tag the animals.
The next morning, after the animals had gone through the sales ring, Babiak got a call from the local CFIA official saying she could face a $500 fine for not tagging her cattle.
“I’m not denying I didn’t tag them. I said, ‘let me go and tag my cows.’ Then it became head butting. There was no budging with this guy,” said Babiak, who added that she didn’t get a warning for not complying with the ear tag rules.
Richard Davies with CFIA’s enforcement division said among the almost 400 tickets issued across the country for not ear tagging their cattle, only about 10 have gone to the tribunal stage.
Most producers choose to pay the fine, which is reduced by 50 percent, if it’s paid within 15 days.
Others like Babiak can choose to have their case heard at a review tribunal. One case was taken to the federal court, but it was overturned and the producer was made to pay the original fine.
Davies said the CFIA’s intent is to bring compliance, not to bring hardship to producers.
They’ve seen a dramatic decline in the issue of compliance notices since the first case of BSE was discovered in a northern Alberta cow last year.
“There was some initial resistance, but it seems to have largely evaporated,” said Davies.
Brad Wildeman, CCIA chair, said the agency has asked the CFIA for a speedier process for people not complying with the ear tag regulations. It’s not uncommon to get a notice of an infraction several months after the incident.
Wildeman said since BSE was discovered in Canada, there have been few complaints about the need for the mandatory identification system. Refinements are still needed, he said. The agency has recommended CFIA officials issue violations on the spot, like speeding tickets.
Ultimately, it’s up to the producer to put ear tags on cattle or have it done at an official tagging site, he said.
