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Obstructing Canadian Food Inspection Agency Inspectors Results in Fine, Probation and Letter of Apology

On April 18, 2005, Norman Burnett Smith of Hunter River, Prince Edward Island, plead guilty in Charlottetown Provincial Court to one charge of obstructing an inspector, thereby contravening Sub-section 23.(1) of the Plant Protection Act.

An investigation conducted by the Canadian Food Inspection Agency (CFIA) determined that inspectors attempted, on several occasions, to obtain records from Norman Burnett Smith that would assist them in the completion of their duties under the Plant Protection Act.

Subsection 23.(1) of the Plant Protection Act states:

No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an inspector who is performing duties or functions under this Act or the regulations.

Appearing before Judge Nancy Orr, Norman Burnett Smith was ordered to pay $2,500 and placed on one month’s probation, during which time he is to write a letter of apology to the CFIA.

CFIA prosecution bulletins report on legal proceedings in which a conviction has been obtained. In publishing them, we are seeking to increase awareness of the Agency’s role in enforcing the Acts and Regulations for which it is responsible.

Under its mandate, CFIA provides Canadian businesses and consumers with inspection and related services that contribute to improving the overall integrity of the food safety, animal health and plant protection systems.

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