Updates

The appeals court found that, “The evidence of animal mistreatment was irrelevant in determining whether the protesters had disrupted ‘lawful’ activities” on the farm. The court also found that the trial judge, BC Supreme Court Justice Frits Verhoeven, had not erred in his decision to exclude evidence of animal cruelty, thereby preventing Amy and Nick from arguing that the farm owners were engaging in illegal activity and that the defendants’ actions were carried out to prevent a greater harm.

Both defendants were taken into custody, but released approximately 5 hours later on an application for bail pending appeal of their sentence.

“The Court of Appeal decision upholding our convictions affirms how much government and the courts are beholden to the commercial animal agriculture industry,” said Amy. “This is a classic case of ‘shooting the messenger’ while little-to-no safeguards exist in BC for farmed animals clearly being abused,” she continued. “Tragically, Excelsior has been allowed to perpetuate its abusive farming practices with impunity.”

Nick and Amy attended the Vancouver Supreme Court of Appeal to argue against their convictions of break-and-enter and mischief. A panel of three judges heard a compelling case and an ask for a new trial.

Peter Sankoff, the defense lawyer representing their appeal, spent some time reiterating the illegal animal cruelty taking place inside Excelsior Hog Farm. There was also significant discussion between counsel and judges regarding the legal property status of animals, with quotes such as “Animals are not ordinary property, they’re akin to victims.”

Their appeal argues that Justice Frits Verhoeven, the trial judge, committed errors by blocking crucial evidence and hindering viable defenses. Specifically, he denied the jury from seeing video evidence showing animal cruelty at Excelsior Hog Farm, footage Nick and Amy were accused of exposing. They also argue that their actions were necessary in revealing the cruelty at Excelsior, asserting an oversight in the trial judge not considering these key defenses. Instead, Justice Verhoeven stated that the activists had a “political agenda” in seeking to publicize the video evidence of animal cruelty, using irrelevant considerations to decide if certain evidence should or shouldn’t be allowed at trial.

Just days before the appeal hearing, Animal Justice—Canada’s only national animal law advocacy organization—released newly obtained footage of horrific animal cruelty at Excelsior Hog Farm; four years after the initial exposé. This new footage is evidence that the cruelty at Excelsior has never stopped. In fact, it’s worse.

The new exposé reveals…

• Dead & rotting pigs, including piglets whose carcasses have been partially eaten

• Crushed & stillborn piglets inside farrowing crates

• Pigs kicked in the stomach & face

• Killing a piglets by slamming their body against the concrete floor

• Pigs jabbed with a metal rod and hit with boards

• Pigs with bloody scratches, open wounds, and leg injuries

• An accumulation of feces, and walls smeared with blood

• Water troughs filled with feces & blood

• Pigs with massive hernias, pressure sores, and bloody prolapses

• A pig improperly killed with a bolt gun

Sankoff ended the appeal hearing with an emotional plea, stating “Please don’t crush the ones who are speaking up for the most vulnerable.”

Nick and Amy filed their appeal factum against the convictions of break-and-enter and mischief.

The appeal argues that the trial judge—Justice Frits Verhoeven—made errors by blocking key evidence and preventing viable defenses. The factum accuses Verhoeven of making errors in law by not allowing the jury to view video evidence of animal cruelty at Excelsior Hog Farm, including footage that Nick and Amy were accused of exposing.

Furthermore, the factum argues that the activist’s actions were necessary to expose the animal cruelty at Excelsior, and that the trial judge erred in not considering this defense. Instead, Justice Verhoeven stated that the accused had a "political agenda" in seeking to publicize the video evidence of animal cruelty, thereby using irrelevant considerations in determining whether certain evidence should be admissible at trial.

The appeal seeks to set aside the convictions and request a new trial. Their appeal hearing is set for November 23, 2023 at the BC Court of Appeals.

Amy and Nick have been granted bail pending appeal, which defers their jail sentences. This means that they will not have to start serving their sentences on October 21 as previously ordered. Their application to defer the order to submit their DNA was struck down, however.

According to Crown “(Crown) does not consent to a stay of the DNA order pending appeal, as neither this Court nor a justice of this Court has jurisdiction to grant such an order under s.683(5) of the Criminal Code or otherwise.”

Although they have to comply with this excessive, invasive, and unjust order, their appeals process has begun. Amy and Nick will be represented by Peter Sankoff.

Until the appeal is complete, Amy and Nick are required to abide by bail conditions including the following:

• reporting to a bail supervisor October 19, 2022, and as required by the bail supervisor afterwards;

• not having contact with the Binnendyk family, owners of Excelsior Hog Farm;

• staying at least 5km away from the Excelsior Hog Farm;

• not attending any animal farms or petting zoos;

This morning, Justice Verhoeven sentenced Amy Soranno and Nick Schafer to 30 days in prison and 12 months probation. They will also be required to submit DNA to the national database.

In his decision, Verhoeven characterized the Meat the Victims protest on April 28, 2019 as more than an occupation, but an “invasion.” He repeatedly made reference to some harm that the action supposedly did to society as a whole, as well as the “potential” for violence, even while repeatedly acknowledging that there was no violence on the part of the activists. He expressed great concern for Amy and Nick’s dedication to the cause of animal rights, and used that dedication to justify imprisonment.

Justice Verhoeven made sure to acknowledge his decision to stop Amy from reading her statement at her sentencing hearing (see Aug 28 update below). He read the legislation regarding sentencing statements, which allow for those statements to be limited based on relevance. He had nothing to say about his refusal to allow Amy the leniency usually granted in those circumstances. He also had no explanation for why he stopped Amy as soon as she began to describe what she saw inside Excelsior Hog Farm.

He went on to read selections from other decisions, including cases that involved prolonged disruptions, vandalism, and violence, but nevertheless resulted in discharges. He noted again that Amy and Nick are particularly dedicated to their cause as his justification for sentencing them to prison.

He acknowledged that the Abbotsford Police did indeed violate Amy’s charter rights by exceeding the scope of their warrants on her phone in order to obtain key evidence, but characterized these breaches as minor, and not worth considering in his sentencing decision.

After some discussion, the court ordered Amy and Nick to begin serving their sentences on weekends starting October 21.

Due to multiple questionable events and decisions that came up during the trial, Amy and Nick will be appealing.

Update (Oct 13) - Justice Verhoeven’s decision has been published here: https://www.bccourts.ca/jdb-txt/sc/22/17/2022BCSC1795.htm

In front of a packed court gallery, Amy Soranno and Nick Schafer's sentencing hearing started off without surprises. Crown counsel Scott Quendack cited multiple environmentalist and Indigenous rights activist cases to try to establish that jail time is appropriate in the Excelsior case. He stressed that in political activist cases, "general deterrence" is the goal, and that this goal could not be accomplished if Soranno and Schafer were granted discharges. Quendack did not submit any "victim" statements, but made reference to the disruption of operations in Excelsior Hog Farm, saying that harm was done as a result. Ultimately, Quendack pushed for up to 90 days jail time, and consideration for fines. In addition, he recommended that Soranno and Schafer be ordered to provide DNA samples to the Abbotsford Police.

Schafer's lawyer, Bibhas Vaze, responded by pointing out the importance of this type of activism for the community, and the entire planet. He noted that animal rights activism is not based on fringe ideas or misinformation. Vaze highlighted the extremely peaceful nature of the Meat The Victims action, and noted that even the supposed disruption brought up in Crown's submission was minimal, and backed up by vague evidence. Vaze described Schafer's value to the community as a talented videographer, and as a person, submitting 70 reference letters in support. Finally, Vaze pointed out that many of the cases cited by Crown ultimately resulted in discharges, rather than jail, even for actions more disruptive and damaging than Meat The Victims.

Schafer then read his heartfelt statement, in which he told the court of the journey he took with Soranno into plant-based eating, then veganism and, ultimately, activism. He went on to describe the horrific standard practices within animal agriculture, and his wish to use his skills as a videographer to bring a little bit more compassion into the world. The gallery erupted into tears and applause, earning a warning from Justice Verhoeven at the end of the morning's proceedings.

Soranno's lawyer, Leo Salloum, opened the afternoon session by breaking down all of the case law he could find regarding "sit-in" or "occupation" activism. He noted that it's rare that these cases make it to this level of court, and that this appears to be the first time that a completely peaceful action of this type was prosecuted at all. Other cases, including those cited by Crown, involved weeks-long blockades, vandalism, fires, theft, and even assault, but most of them still resulted in discharges. Salloum then brought up Soranno's lifetime of making positive contributions to society. He read highlights from over 130 letters he received to show that she is an inspiration in many types of communities around the world.

Salloum briefly addressed the idea that Excelsior Hog Farm's owners, the Binnendyk family, suffered mental harm as a result of Meat The Victims. Although the evidence was vague, he supposed that it was possible that the Binnendyks felt badly only because animal rights activists want a world in which the Binnendyks would have to find a new line of work. Salloum pointed out that he, as a criminal defence lawyer, is not offended by people saying that they want a world without crime.

Lastly, Salloum brought up the fact that Soranno was the victim of massive privacy violations by the Abbotsford Police, when they repeatedly exceeded the scope of the search warrant on her phone. He suggested that whatever sentence Justice Verhoeven wanted to hand out would have to be reduced to account for those violations.

After a break, Soranno began reading her statement. She said that she could not apologize for her actions, but that she apologizes to the animals for their suffering. She explained that she never wanted to be a troublemaker, but that she felt compelled to become an activist because she learned what happens to animals to become food, fabric, test subjects, and entertainment. As Schafer did in his statement, Soranno described many of the atrocities within animal agriculture. When she began to describe what she saw at Excelsior Hog Farm, however, Justice Verhoeven interrupted her to say that this is not her platform, and that what she is saying is not relevant.

Salloum stepped in, and urged the Justice to allow Soranno some flexibility. He pointed out that the accused speaking at sentencing can't be constrained in the way that lawyers are. Justice Verhoeven shut down the discussion, stating flatly "I said what I've said."

Soranno then tried to explain the relevance of her statement, saying "If you would allow me to continue, I think you will find that it all comes together in the end."

The Justice disagreed, and directed Soranno to say only things that will help with his sentencing decision, leaving the courtroom in disbelief. Soranno conferred briefly with Salloum, and they concluded that her statement could not be modified sufficiently to satisfy Justice Verhoeven's request, putting an end to the hearing.

In a late afternoon press conference, Soranno stated “I remain intensely disappointed in what the judge just did inside court. Sentencing hearings are the one opportunity for the accused to speak, and have a voice and really share why I did what I did, and why I was there, and who I am. Unfortunately, I was prevented from doing that today. That seems very uncharacteristic of sentencing hearings. But I’m also not surprised. This adds to the stack of bias that’s been happening in our trial and will certainly be a topic when it comes to our appeals.”

The court is expected to announce a sentencing date by Tuesday.

Update (Aug 29) - We have published Amy’s statement.

Update (Aug 30) - Sentencing is scheduled for Wednesday, October 12, 2022, 10am. Please join us at the Abbotsford Courthouse. Rally & press conference times TBA.

One week prior to Amy & Nick’s sentencing hearing, The Excelsior 4 have sent the BC SPCA a letter, requesting a meeting.

In response to The Excelsior 4’s criticisms, and protests by other activists, the BC SPCA had stated that they would prefer to work together towards common goals. The Excelsior 4 have decided to discuss a way to move forward together, and have arranged to be available at any time on August 25, 2022, one day before Amy & Nick’s sentencing.

Update (Aug 25): The BC SPCA refused to have a recorded meeting. The Excelsior 4 offered to find ways to alleviate whatever concerns that the BC SPCA had about recording, but the BC SPCA refused to explain their reasons or discuss the matter.

On Saturday, July 9, after about 10 hours of deliberation that began the previous afternoon, the jury found Amy Soranno and Nick Schafer guilty of one count of Break and Enter each, and one count of Mischief each.

Roy Sasano was acquitted of one count of Mischief.

The trial itself was cut short when defence chose not to call any witnesses after Justice Verhoeven ruled that they would not be allowed to argue that Excelsior Hog Farm engaged in unlawful animal cruelty. This decision came in the middle of a cross-examination of Calvin Binnendyk, one of Excelsior Hog Farm's owners. Binnendyk testified that he believed he operated his farm lawfully, although further questions revealed that he had essentially no knowledge of the laws governing the raising of pigs. Binnendyk also denied committing or witnessing any code violations, such as electric prodding pigs in the face. The defence was not allowed to present video footage to show that Binnendyk was lying.

Despite this massive blow to The Excelsior 4's strategy, they found some victories.

While Crown counsel Scott Quendack presented his case, video emerged showing that Sasano had been escorted into Excelsior Hog Farm's barn by police on April 28, 2019. As a result, Crown dropped one charge of Break and Enter.

Even though the defence was not allowed to show videos of animal cruelty, Crown's main evidence was Soranno's livestream from inside the barns. The court, jury, public and media had an opportunity to see mother pigs confined to gestation crates. In addition, Crown's evidence included a large text message conversation that included graphic descriptions of some of the animal cruelty filmed at Excelsior Hog Farm.

Quendack attempted to close his case on Wednesday, July 6, by calling an additional witness, digital forensics officer S/Cst Sam Ward. The Excelsior 4's defence counsel argued S/Cst Ward's testimony would be that of an expert witness that could not be allowed at this stage of trial, and that 8 of the remaining 13 charges could not possibly result in conviction with the available evidence. Justice Verhoeven agreed, and entered acquittals on all 8 of these charges. Verhoeven stated that the video evidence for those charges could not be linked to specific days, and that he already had serious questions about whether or not the remaining evidence had been sufficient either way.

In closing statements, Quendack stated that the jury must carefully decide if they had evidence beyond a reasonable doubt before convicting on any charges. He stressed that this is not an impossible standard. He went on to point out that the Binnendyks stated that their operation was interfered with on April 28, 2019, because activists in the breeding barn delayed artificial insemination. In particular, the activists' presence supposedly prevented Calvin Binnendyk from walking a boar down the aisles of the breeding barn to "stimulate" sows. He claimed that this interference was sufficient to convict on the charge of Mischief.

Defence argued that there was no evidence that the artificial insemination could not have taken place, and that it was merely delayed an insignificant amount. There was no evidence to indicate that the protest had any impact on the business at all. There was also an abundance of evidence that activists went out of their way not to do harm or disrupt operations. This can be seen in video evidence showing activists allowing access to police and veterinarians, and even moving completely out of the breeding area when veterinarians refused to attend to animals in the presence of activists.

Ultimately, however, the jury determined that the elements of Mischief were somehow proven beyond a reasonable doubt.

In light of some questionable decisions by Justice Verhoeven throughout pre-trial and trial, and Abbotsford Police's sloppy work, Soranno and Schafer are exploring the possibility of appeals. Sentencing is scheduled for August 26, 2022.

On June 23rd, 2022, Crown counsel dropped four more charges without explanation. Amy Soranno and Nick Schafer now face five indictable charges each, rather than seven. Roy Sasano continues to face four charges.

Jury selection (12 Jurors and 2 Alternates) was completed on Saturday, June 25th.

Trial begins at the Abbotsford Courthouse on Monday, June 27th at 10am.

The trial is scheduled to go on for four weeks, Monday to Friday, excluding holidays, 10am to 4pm, and it is open to the public and the media. There is a daily lunch break from around 12:30-2, along with morning and afternoon breaks.

Abbotsford Courthouse
32375 Veterans Way
Abbotsford B.C.

On April 29, 2022 the Court Justice made rulings on the pre-trial applications. The Crown also announced the stay of Geoff Regier's case. Although Crown Counsel cannot provide an official explanation, charges were stayed following pre-trial arguments of misconduct on part of the BC SPCA. In 2019, Regier blew the whistle on Excelsior Hog Farm with documented evidence of criminal animal cruelty. Instead of recommending charges against Excelsior, the BC SPCA broke their confidentiality policy and turned Regier over to the Abbotsford Police, resulting in indictable offences.

The three remaining activists—Roy Sasano, Amy Soranno, and Nick Schafer—are scheduled to go to trial for four weeks in Abbotsford beginning June 27. The three face a combined total of 18 charges of Break & Enter and Criminal Mischief, and years in jail if convicted.

On Monday, March 28, 2022, The Excelsior 4’s pre-trial began. The morning session that day was closed to the public because it dealt with issues around [redacted] and other [redacted] on the part of [redacted]. Although The Excelsior 4 preferred full transparency throughout the process, the Justice ordered a broad publican ban for the remaining pre-trial proceedings on the grounds that [redacted] and [redacted], despite [redacted] and a request from [redacted].

In the following days, [redacted] witnesses were called in, including [redacted], [redacted], and [redacted]. Cross-examination revealed that [redacted] [redacted] because of [redacted], going as far as openly admitting to [redacted] all over the [redacted], in an attempt to [redacted] [redacted] about animal [redacted] and [redacted].

In addition, multiple [redacted] from [redacted] struggled to explain how [redacted] [redacted] was handled, but somehow not [redacted] by anyone. Additional [redacted] errors were revealed when several [redacted] admitted to knowingly[redacted] the scope of [redacted] [redacted], despite having [redacted] opportunities to [redacted], which ultimately resulted in [redacted] for [redacted].

The Excelsior 4 made a strong case for the [redacted] of [redacted] on [redacted] grounds, including the aforementioned [redacted] [redacted], [redacted] of [redacted], and other such tomfoolery. This shows huge bias against [redacted] and [redacted], that should weigh heavily on [redacted] when it comes time for [redacted] to rule on the [redacted] and [redacted] charges.

Pre-trial ended on [redacted], April 7, 2022.

[redacted] will be announced on [redacted], followed by another session between [redacted] and [redacted] regarding [redacted].

Trial begins June 27, 2022 at the Abbotsford Supreme Court, and is scheduled to last four weeks.

Three years later, the Excelsior 4 still face a combined 21 indictable charges, all for revealing what happens to animals killed needlessly for food and for holding the industry accountable for criminal animal abuse.

As the trial proceedings rapidly approach, the activists have launched “E4” t-shirts, with the words “Liberate Animals, Decriminalize Activists” on the back, and a graphic of the defendants surrounding a pig. All proceeds help the Excelsior 4 cover their legal support. Click here to purchase.

The activists will soon go to trial in the BC Supreme Court and face years in prison if convicted. Meanwhile, Excelsior Hog Farm has been left to continue abusing animals with zero consequences.

The activists hope their case encourages consumers to stop supporting these violent, abusive industries and adopt a plant-based diet. In a move towards greater accountability, they are also calling on BC’s Ministry of Agriculture to implement mandatory CCTV cameras inside all animal farms & slaughterhouses, and to change animal law enforcement from the BC SPCA to a more accountable government agency.

Pre-trial: March 28-April 8, 2022, New Westminister Supreme Court
Trial: June 27-July 21, 2022, Abbotsford Supreme Court

Following several more court hearings between November-June, the Excelsior 4 have finally received their pre-trial & trial dates. In 2022, the activists will face trial by jury in the BC Supreme Court in Abbotsford. Meanwhile, the owners & operators of Excelsior Hog Farm have still not been charged or held accountable in any way for their well-documented abuse of animals.

Pre-trial: March 28-April 8, 2022
Trial: June 27-July 21, 2022

The exceptional length and complexity of this trial was unexpected. Although the lawyers for the Excelsior 4 are representing them at considerably reduced rates, with very low expenses, the activists still had to increase their fundraising goal, substantially. To help the Excelsior 4 cover their legal support, please contribute to their fundraiser here.

Some of the costs associated with legal support for the Excelsior 4 trial include: Legal representation for a 6-week trial at legal aid rates or pro bono, expert witnesses, expenses at austere rates, disbursements, taxes.

The Excelsior 4 attended their second court hearing after exposing criminal animal cruelty at Excelsior Hog Farm. Amy Soranno, Nick Schafer, Roy Sasano, and Geoff Regier are facing an outrageous 21 indictable offences of Break and Enter and Mischief. They pleaded 'not guilty' to all charges. If convicted, they could face years in prison, with each Break and Enter charge carrying the potential of 10 years in jail.

After their court appearance, the activists joined supporters for a demonstration at the Vancouver HQ of the BCSPCA. The BCSPCA is failing to uphold their mandate to protect animals, and concerned citizens are demanding they take enforcement action against Excelsior for its well-documented abuse of animals. The BCSPCA violated their own confidentiality policy, and betrayed the animals they purport to protect, by turning over a whistleblower to the police despite no requirement to do so.

Ultimately, we cannot have animal laws enforced by the BCSPCA, which lacks transparency and accountability, and has relationships with animal agriculture companies that conflict with its obligations. Someone needs to hold Excelsior and other factory farms accountable. Excelsior must not be able to engage in routine animal cruelty with impunity. The Excelsior 4 hope their trial will prompt reform in animal law and how it’s enforced.

The Excelsior 4 made their first court appearance at Abbotsford Provincial Court after exposing criminal animal cruelty at Excelsior Hog Farm. The farm has still not faced repercussions for their animal abuse. Instead, these 4 activists are facing extremely heavy-handed charges for trying to bring transparency and accountability to the animal agriculture industry.

A group of supporters rallied outside of the courthouse, standing in solidarity with the animals and the Excelsior 4. Simultaneously, another group protested outside of the Abbotsford SPCA, calling for the organization to recommend animal cruelty charges against Excelsior Hog Farm.

Following the ‘Meat the Victims’ action, Amy Soranno was charged with 7 indictable offences. Unlike summary offences, indictable offences are at the highest criminal level in Canadian courts. Amy had originally been scheduled to appear in court alone in August 2019, but her case was postponed while an extensive investigation took place.

As a result of the investigation, 3 other activists now face similar charges, with 21 counts in total between Amy Soranno, Nick Schafer, Roy Sasano and Geoff Regier.