HomeMy WebLinkAboutTimes Advocate, 1993-09-01, Page 29By Bob Trotter
Did you read that story in the pa-
pers last month about how the
neighbours made a big stink about
a farmer in Whitneyville, N.S. who
was spreading liquid manure? -
They took the farmer to court and
the judge ruled that the smell was
"interfering" with the enjoyment of
neighbouring properties. The farm-
er may have to pay compensation
to his neighbours. This is six years
after the New Brunswick govern-
ment passed a law 10 end such con-
troversy.
It was dubbed the right -to -farm
law and was sparked by another
controversy much the same as the
one raging right now.
Back in the mid-1980s, Terry
Sullivan of Charlo in northern New
Brunswick had the same problem.
His neighbours complained about
FARM IiPDATF
Timos-Advocate, September 1,1993 Page 29
One Fant
in the Furro
the smell from his farm. Even
though his operation met all the
provincial guidelines, the court
ruled that the smell was interfc ing
with the enjoyment of neighbouring
properties and Sullivan had to pay
compensation.
The dispute prompted the prov-
ince to pass the 1986 Agricultural
Practices Act.
In Sullivan's case, the legislation
came too tate but farmers in New
Brunswick thought it was a victory
for them because the right -to -farm
law was passed. But their compla-
cency has been shat red by this lat-
Michelle Kinsman of
Hensall, a competitor in
the Queen of the Furrow
contest, tries her hand
at nail driving, which is a
popular contest of the
Huron Plowing Match
each year.
Ken Faber of Brucefield
tosses a horseshoe at
the Huron Plowing
Match Friday. Behind
is Don Kerslake of
Exeter. The friendly •
competition allowed
plowing match
visitors to enjoy a
bit of shade while
aiming for a modest
list of prizes.
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est controversy involving John
Schenkel who is spreading liquid
manure on his fields.
"Manure application to crop land
is a necessity on any livestock
farm," said Schenkel, a 23 -year-old
dairy farmer who received approval
from the provincial environment
and agriculture departments to
spread the manure. But 165 neigh-
bours have signed a petition oppos-
ing the practice.
Schenkel is young and full of de-
termination but Terry Sullivan be-
came a tragic figure in the annals of
New Brunswick agriculture. His le-
gal dispute about a right to farm
lasted several years. In the process,
the price of hogs dropped unexpect-
edly and the veteran farmer went
bankrupt. He later committed sui-
cide.
It is unfortunate that these dis-
putes crop up every now and then.
Surely, when people build homes in
the country or at the edge of towns
and cities, they know that farming
is being done. Surely, they are fa-
miliar with farm odors and the sub-
sequent smells. For sure, the farm-
ers were there first and have every
right to continue farming although
neighbours, too, have a right to
make sure farmers conforgl to
proper standards.
hi Ontario a few years ago,
neighbours in either Bruce or Hu-
ron counties complained and the
farmer had to make some changes.
1t is my belief that more judges in
this country should do what a
county court judge did in northern
England more than 25 years ago.
When neighbours complained
about odors and took the case to
court, the judge adjourned the pro-
ceedings and took all the protago-
nists out to the country to do some
sniffing of their own. The jury con-
cluded that it wasn't as bad as the
neighbours said and the judge ruled
that the smells were contingent
with a modern farm. The farmer
won the case.
Too many people in this country
have no idea of what it is like to be
in agriculture these days. It is a
tough bt',iness with competition
just as keen as anywhere else. To
compete, farmers must use every
new idea they can and if that means
spreading liquid manure, so be it.
But the farmer can also help by
cultivating as soon as possible after
the manure has been sprayed.
It takes people working together
to solve these problems and digni-
fied judges out in the boondocks
doing some significant sniffing.
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