Canadian kosher organizations were in court in Montreal this week, asking for an injunction that would allow them to continue the practice of shechitah, or Jewish ritual slaughter, amidst newly imposed regulations by the Canadian Food Inspection Agency.
In a hearing before the Federal Court on July 10 and July 11, the Jewish Community Council (JCC), Kashruth Council of Canada (COR) and Centre for Israel and Jewish Affairs (CIJA), requested that the CFIA’s slaughtering regulations be suspended until a court rules on their application for judicial review.
The controversy began after the CFIA issued new guidelines in June 2023 mandating animals be brain dead before being suspended and slaughtered. The guidelines require either stunning the animal before or after shechitah, which would threaten its kosher status, or conducting a lengthy reflex test post-slaughter to ensure the animal is unconscious. These measures, while aimed at ensuring animal welfare, have significant implications for the practice of shechitah. Stunning after the shechitah is not normally authorized by Jewish law.
The Jewish organizations argue the guidelines are excessively conservative and infringe upon religious freedom by making it nearly impossible to perform shechitah in abattoirs. They assert that the new regulations threaten the domestic kosher meat supply and the religious practices of Canadian Jews.
The injunction request included testimonies from neurologists, scientists, and provided analytical data to argue animals do not endure undue suffering during shechitah.
Supporting their case, the Jewish organizations cited guidelines from the American Veterinary Medical Association (AVMA) and the North American Meat Institute (NAMI), which they claim ensure animal welfare without compromising the practice of shechitah.
Judah Z. Holland, an auditor with the Professional Animal Auditor Certification Organization (PAACO), stated in his affidavit that these guidelines are widely accepted and used in abattoirs performing both secular and religious slaughter.
The injunction request notes the severe impact CFIA’s stringent guidelines inflict on religious practices and communal life.
“The infringement on the Applicants’ freedom of religion and right to equality is both evident and grave. The impact of this infringement is affecting not only the observant Jews’ capacity to abide by the tenets of their faith but also their way of living and the fabric of their community,” the submission from the Jewish organizations stated.
Judge Guy Régimbald, who is hearing the application, acknowledged that it would be practical to find a balance where both the fundamental religious rights of the Jewish population are respected as well as maintain that the animals suffer the least amount possible during ritual slaughtering by using the NAMI guidelines.
Since the implementation of the CFIA’s rules in March 2024, major abattoirs in Quebec have faced operational challenges, leading to a significant reduction in the domestic kosher meat supply. This resulted in a 90 percent reduction in kosher veal and a 55 percent reduction in kosher beef production, the Jewish groups have said.
“It became increasingly evident that there was no willingness on the part of CFIA to make the necessary accommodations and at one point we saw material consequences. Veal shechitah ended for the most part—that has implications for all of North America because Canada was the supplier of most veal,” CIJA CEO Shimon Koffler Fogel told The CJN.
“Supply was declining at such a significant rate and CFIA was unwilling to work with us to identify an approach that would satisfy everybody. They have rejected a number of different proposals that we came forward with. The conclusion was that we would have to look for the legal remedy that would protect shechitah here in Canada.”
“It’s a very complex case, there is about 10,000 pages of evidence,” said Jean-Phillipe Groleau, the lawyer representing the Jewish groups.
Lawyers representing the government defended the guidelines, arguing they are necessary to prevent prolonged consciousness and potential suffering in animals post-slaughter. The agency contends that the Jewish organizations have not demonstrated that the regulations are the direct cause of the low inventory of kosher beef and that alternatives like kosher lamb and poultry remain available.
“The Applicants have not shown that the guidelines or the regulatory scheme limit their ability to consume kosher meat or to practice shechitah,” argued the CFIA, emphasizing the guidelines do not impose more stringent requirements on shechitah than on other slaughtering methods. The agency also disputed that the regulatory changes cause irreparable harm to the Jewish community.
Despite the legal and regulatory complexities, the Jewish organizations claim they remain steadfast in pursuit of a solution that balances religious practices with animal welfare.
“We’ve been negotiating with them for about 18 months on this and have had several meetings and working groups on the scientific side and on the operational side to try to find a way to reconcile their new guidelines with shechitah needs,” Koffler Fogel said.
“We think their science is flawed, they are relying on third party literature reviews as opposed to looking at the science directly and therefore they are fixed on a particular perspective that doesn’t reflect the science and the physiology.”
The decision on an injunction is anticipated to be sometime released in mid-August while the case will be heard next year.
