Kosher organizations go to court, arguing that current meat production regulations threaten ritual slaughter practices

Canadian kosher organizations appeared in court in Montreal this week seeking an injunction that would allow them to continue their practice. Shechitai.e. Jewish ritual slaughter, in accordance with new regulations introduced by the Canadian Food Inspection Agency.

At a Federal Court hearing on July 10 and 11, the Jewish Community Council (JCC), the Kashrut Council of Canada (COR) and the Centre for Israel and Jewish Affairs (CIJA) requested that the CFIA’s slaughter regulations be suspended until the court considers the application for judicial review.

The controversy began after the CFIA issued new guidelines in June 2023 requiring animals to be brain dead before being hung and slaughtered. The guidelines require either stunning the animal before or after Shechitawhich could jeopardize its kosher status, or conducting a lengthy reflex test after slaughter to ensure that the animal is unconscious. These measures, while aimed at ensuring animal welfare, have significant implications for practice Shechita. Stunning after Shechita is not normally permitted by Jewish law.

Jewish organizations say the guidelines are overly conservative and violate religious freedom because they make religious practice nearly impossible. Shechita in slaughterhouses. They say the new rules threaten the country’s kosher meat supply and the religious practices of Canadian Jews.

The application for the order included testimony from neurologists and scientists, as well as analytical data, to show that the animals did not suffer excessively during shechita.

In support of their position, Jewish organizations cited guidelines from the American Veterinary Medical Association (AVMA) and the North American Meat Institute (NAMI), which they believe ensure animal welfare without compromising practice. Shechita.

Judah Z. Holland, an auditor with the Professional Animal Auditor Certification Organization (PAACO), said in a statement that the guidelines are widely accepted and used in slaughterhouses performing both secular and religious slaughter.

The injunction application highlights the serious impact that the CFIA’s strict guidelines have on religious practice and community life.

“The violation of the Applicants’ freedom of religion and right to equality is both obvious and serious. The consequences of this violation affect not only the ability of practicing Jews to observe the tenets of their faith, but also their way of life and the structure of their community,” the Jewish organizations wrote.

Judge Guy Régimbald, who is hearing the application, said it would be practical to find a balance that would both respect the fundamental religious rights of the Jewish population and ensure the least possible suffering for animals during ritual slaughter, in accordance with NAMI guidelines.

Since the CFIA regulations were implemented in March 2024, Quebec’s major slaughterhouses have faced operational challenges, leading to a significant reduction in the country’s supply of kosher meat. This has led to a 90 per cent reduction in kosher veal production and a 55 per cent reduction in kosher beef production, according to Jewish groups.

“It became increasingly obvious that the CFIA was not willing to make the necessary adjustments and at some point we saw the material consequences. Veal Shechita has mostly ended — that affects all of North America because Canada was the supplier of most of the veal,” CIJA CEO Shimon Koffler Fogel told The CJN.

“Supplies were falling at such a significant rate and the CFIA was not willing to work with us to find an approach that would satisfy everyone. They rejected a number of different proposals that we put forward. The conclusion was that we would have to seek a legal remedy that would protect Shechita “here in Canada.”

“It’s a very complicated case, there are about 10,000 pages of evidence,” said Jean-Phillipe Groleau, a lawyer representing Jewish groups.

Lawyers representing the government have defended the guidelines, arguing they are necessary to prevent prolonged consciousness and potential suffering of animals after slaughter. The agency said Jewish organizations have not shown that the rules are a direct cause of low kosher beef supplies and that alternatives, such as kosher lamb and poultry, remain available.

“The applicants have not demonstrated that the guidelines or regulatory system restrict their ability to eat kosher meat or practice Shechita,“the CFIA argued, emphasizing that the guidelines do not impose Shechita than other slaughter methods. The agency also denied that the regulatory changes would cause irreversible harm to the Jewish community.

Despite the legal and regulatory complexities, Jewish organizations say they remain steadfast in their pursuit of a solution that balances religious practice with animal welfare.

“We negotiated with them for about 18 months and had several meetings and group work on the scientific and operational side to try to find a way to reconcile their new guidelines with Shechita “needs,” Koffler Fogel said.

“We believe their science is flawed, they rely on third-party literature reviews rather than looking at the science directly, and therefore they focus on a particular perspective that does not reflect the science and physiology.”

A decision on the order is expected to be issued in mid-August, with a hearing scheduled for next year.