Erin Mayor Lou Maieron is hoping things will now get back to normal for him and Brutus.
Last week the Ontario Court of Appeal dismissed a bid by the Crown for a new trial in the case regarding the migratory swan that has made Maieron’s fish farm his year round abode.
“Technically this matter has ended … I’m happy it’s over,” Maieron said on Jan. 28, two days after an appeal hearing in Toronto, during which three judges rejected a new trial regarding the swan.
“The judges showed some sympathy,” Maieron said, adding they agreed with his argument that he never had possession of the birds, as defined by law.
In June 2009, Maieron was charged with unlawful possession of a migratory bird after an Environment Canada officer visited his farm and saw Brutus swimming in one of several ponds owned by Maieron as part of his business, Silver Creek Aquaculture.
Maieron challenged the charge and the $180 fine, calling the law “ridiculous” and “a complete waste of taxpayers’ money.” He argued Brutus, one of two swans to visit the property but the only one to stay, was free to leave at any time.
“It’s not like I held up a store,” Maieron said last week, “The swan showed up and decided not to leave.”
Last February, Justice Jeannette De Jong stayed the charge after it was discovered a Crown witness improperly observed proceedings in the courtroom prior to offering evidence.
Then, in July, Guelph Justice Norman Douglas decided De Jong erred in her decision and entered a judicial stay on the prosecution of the charge. Last week the Appeal Court judges found the Crown was justified in bringing forward the appeal, but denied the request for a new trial.
“It was a big David and Goliath case,” Maieron told the Advertiser. “It was just bulls*** bullying [by the crown].”
He said the Migratory Bird Act is “antiquated” and needs to be reviewed, but the real lesson learned is the importance of defending one’s principles.
“The public needs to stand up for their rights,” he said.
And while Maieron’s thankful the case is over, he hinted it’s possible he could be charged again in connection with Brutus, who he said is but one of hundreds of migratory birds that visit his property.
“Hopefully they don’t come back and charge me again,” he said.
