Canadian court issues injunction against rules limiting Kosher meat production

A Canadian federal court issued injunctive relief for major kosher certifiers on Wednesday after they argued that Canadian Food Inspection Agency (CFIA) regulations were limiting the production of kosher meat.

Jewish Community Council of Montreal (MK), Kashruth Council of Canada (COR), and Mehadrin Canada had pursued an interlocutory injunction on July 10 over CFIA’s guidelines for ritual slaughter, which required complete compliance with exhaustive unconsciousness indicators before an animal would be suspended for the continuance of the slaughtering process.

The guidelines, which required multiple verifications with time intervals, significantly delayed kosher slaughterhouse operations.

Justice Guy Régimbald ruled that strict enforcement of three unconsciousness indicators had minimal impact on the welfare of slaughterhouse animals, and it was otherwise possible to determine a lack of consciousness. According to preexisting regulations, animals could not be suspended while still conscious, and kosher slaughter was conducted for many years under the guideline.

The impact of the new guidelines on the rights of the Jewish community was significant, according to Régimbald. The reduction in production of kosher beef by 55% and veal by 90% constituted an unjustifiable limit to freedom of religion.

“The evidence demonstrates that veal is almost impossible to obtain and that beef, while remaining available, is at a substantial cost,” the ruling said. “The result is that many Jews will not be able to access kosher beef and veal either because it is simply not available, or the cost is prohibitive. During that time, they cannot eat a type of meat that has a special role in the Jewish tradition, especially on Jewish holidays.”

Working towards a resolution

In a joint statement, MK CEO Rabbi Saul Emanuel and COR Managing Director Richard Rabkin said the most significant part of the ruling was that it chastised the CFIA as unfairly associating kosher slaughter with animal suffering.

“We are gratified that the court validated shechita as a legitimate and humane approach that takes full account of animal welfare and meets the scientific standards established by CFIA,” Emanuel said.

Rabkin said the ruling “should dispel the false perception that shechita does not abide by the highest standards of animal welfare.”

In the same statement, the Centre for Israel and Jewish Affairs (CIJA), which had been working with COR and MK, said the issue of kashrut security had brought together many Jewish community groups, including Federation CJA and UJA Federation of Greater Toronto, to work together.

“The Jewish community and CFIA are both committed to the highest animal welfare standards, and we are confident that with goodwill, an agreement can be reached,” CIJA president and CEO Shimon Koffler Fogel said.

COR, MK, and CIJA had attempted to negotiate a solution with CFIA before seeking legal relief, but in March, it issued a joint statement that said shechita was in jeopardy.