30th December 1999
Honourable Bill Erikson
Mayor
315 King St.W.
P.O. Box 640
Chatham, Ontario N7N 5K8
Re: Slaughter of Crows
Dear Mayor,
I am writing to you on behalf our 115,000 nationwide and the millions of Canadians who share our views about the protection of animals and nature.
While we can appreciate that you have reportedly taken steps to drive and remove the crows using nonlethal methods, your belief that you can now resort to the wholesale slaughter of these crows with impunity is an error of fact and law.
We recommend that you advise your fellow Members of Council, unionized and non-unionized members of city staff, and any outside consultants or members of the public at large of the wide range of potential civil and criminal liabilities which they face should this slaughter proceed.
In this manner, although it is uncertain, you may be able to avoid lawsuits against the city and against you personally by these individuals if they follow your advice and directions in this matter.
You should also be aware that any liability insurance, which you carry, would not effectively protect you from the commission of "wrongful acts" as defined by the policy.
And for this reason, as the chief elected official who has made the decision to move ahead with this kind of solution, we also recommend that if you have not already done so, you seek the advice and confirmation of the city’s insurance company in this regard. Your behaviour in this matter, may also have an adverse effect on the overall insurance coverage now enjoyed by the city.
I hold a Bachelor of Science in Agriculture and over the past 30 years, I have worked here in Canada and in over 75 countries on issues affecting people, animals and the environment. I am also very familiar with your area, have served for three years as the General Manager of the Windsor-Essex County Humane Society.
Based upon my experience, should you proceed with the slaughter you will be opening up anyone involved to a wide range of civil and criminal actions which include but are not necessarily limited to: public safety, firearms offences, violations of the Migratory Birds Convention Act and the NAFTA Environmental Accords, provincial wildlife laws and cruelty to animals.
If your City Solicitor has advised you proceed regardless of all of these facts, then I recommend you obtain this legal counsel and direction in writing. However, you should be aware that this would not necessarily confer you with a legal defence for your actions.
Wildlife and humans co-exist in urban and rural settings across Canada and around the world. Sometimes that relationship has its ups and downs. Because there is clearly an abundance of available food, water and shelter in your area, killing every single crow, will not only fail to accomplish what you want, it is also cruel and a waste of taxpayers’ money.
If on the other hand, you would like us to work with you for a nonlethal solution, then we would be pleased to offer our expertise and assistance.
I aware of the City of Chatham’s concern for the welfare of animals, and I am anxious to advise the media of the positive steps that you as the chief elected official are taking to resolve this serious issue of social concern.
Awaiting your reply, I remain, yours sincerely,
Michael O'Sullivan
Executive Director Canadian Humane Society