The animal rights group Last Chance for Animals submitted legal complaints to police, the Ontario Society for the Prevention of Cruelty to Animals and the Ontario Ministry of Agriculture, Food and Rural Affairs based on hidden camera footage captured on a pig farm.

The most comprehensive complaint went to the OSPCA and included dozens of incidents of alleged mistreatment of pigs captured by an employee working undercover at Crimson Lane Farms from December 2015 to February 2016. The OSPCA has completed its investigation and decided not to lay any charges.

Adam Wilson of Last Chance for Animals claims every incident detailed in the complaint involved illegal animal abuse.

“There was extensive video documentation for all of these submissions, and the fact the OSPCA could not find one of these incidents worthy of criminal charges is actually shocking,” said Wilson.

Specifically, the OSPCA Act reads “No person shall cause an animal to be in distress” and “No owner or custodian of an animal shall permit the animal to be in distress.”

The OSPCA tells CTV it can’t speak to the specifics of the case, but when it visited the farm unannounced in the spring, the animals were cared for and “many things were in order.”

Without speaking to the specifics in that undercover video, OSPCA inspector Brad Dewar noted, “It comes down to what was captured, when it was reported when it happened and what was done. If things were done in a proper fashion (like if) someone has noticed an animal that is injured or sick, they’ve reported it to a manager, a manager has acted on it and the animal gets euthanized or the animals gets seen by a veterinarian and provided care, that has to be considered before a charge would be laid.”

Wilson said the video isn’t a snapshot in time, but a detailed description of regular occurrences on the farm.

“An officer does not have to witness a crime happening, otherwise we’d have very few cases in the courts right now. They have to have good evidence and that’s what was presented to them. It’s rare that you’d have hours and hours and months of documentation,” he said.

As a not-for-profit organization, the OSPCA isn’t subject to freedom of information laws that would allow the public to learn details of investigations.

The owner of Crimson Lane Farms invited CTV inside to see normal operations. Ed Bosman said he was disturbed by the content of the footage captured on his pig farm, and he’s made changes because of it. As for the OSPCA investigation, he says suggestions provided by the organization focused on two areas: more staff training and faster medical care for animals.

“When an animal either gets injured or ill, the sooner we can respond, the better for that animal and the better for us,” said Bosman.

“We want the public to understand our passion for the animal. We’re committed to our farm and the care of the animal, not just lip service, this is 365 days a year.”

Bosman said he continues to seek out advice from the OSPCA about how to improve.

The OSPCA works with the pork industry when it carries out investigations on pig farms. Ontario Pork veterinarian Dr. Mike DeGroot showed up unannounced for an investigation in the spring, and was also there during CTV’s visit.

Dr. DeGroot said his role is to offer support and education, not investigate, because “the OSPCA is not an expert in every industry.”

CTV asked about the ethics involved when industry advises investigators. “I think (the OSPCA is) more comfortable with an industry representative there and I think the farms are. I think it’s a win-win for the OSPCA and the farmers and I think it’s something that should continue,” said DeGroot.

The Ontario Ministry of Agriculture, Food and Rural Affairs also investigated Crimson Lane Farms and laid no charges. The ministry’s mandate is narrower than the OSPCA’s. It can lay charges under the “Disposal of Deadstock” regulations, which involve how animals are killed. The law states “Every person who is responsible for the care of and has control over a fallen animal shall promptly kill it or arrange for it to be killed, in a humane manner in either case.”

The video captured by Last Chance for Animals shows numerous examples of piglets left on the floor to die when they were still alive, blinking an eye or moving a limb.

“In May 2016, OMAFRA regulatory compliance unit conducted an inspection at Crimson Lane Farms to determine if regulations were being followed. The farm was found to be in compliance with the Disposal of Deadstock regulation at that time,” said OMAFRA spokesperson Bianca Jamieson in a statement.

A follow-up farm visit is generally done within six months of an investigation’s completion, although the Ministry will not release details about timing in this case, because visits are done with no advance notice.

Adam Wilson said his group is still in talks with the Ministry and that “with some of these regulatory enforcements it is kind of an ongoing process.” He hopes the release of the hidden camera video will prompt public pressure on the regulatory bodies involved.

As for police, Ontario Provincial Police referred the complaints to the OSPCA and has not been involved in either of the investigations.

CTV sought an outside opinion on the video and reviewed it with Ian Duncan, Emeritus Chair in Animal Welfare at the University of Guelph. He’s surprised no one laid any charges.

“I’m disappointed. I think that if I had been in charge of the case, I think I would have been thinking about bringing charges," said Duncan.