b'The Tribunal had the benefit of having the expertof the hog once the condition was clinically opinion of Dr. Suzanne Burlatschenko, a veterinarianidentified. The Policy states that animals with a and professor with specialty consultative servicesrectal prolapse are considered compromised and in swine health and production. She reviewedthat transporting them without specific provisions the evidence and questioned the findings in theleads to undue suffering. Let us reiterate that the Necropsy Report prepared by Agencys veterinarianPolicy may serve as a guide to the industry, but highlighting that the animal was not dissected, andit cannot be relied on to neglect the Agencys no tissue analysis was performed. In addition, obligation to adduce evidence to prove a Dr. Burlatschenko expressed her opinion thatviolation occurred.11 the hog with a rectal prolapse did not display behavioural signals which could be associated In this case, the testimony of the Agencys with pain or discomfort. veterinarian and the evidence he relied on to establish that the hog with the rectal prolapse The testimony of the Agencys veterinariansuffered unduly during the expected journey was confirmed Dr. Burlatschenkos opinion bymarred by speculations and was not based on explaining that there was no need to undertakefacts. Accordingly, the Tribunal concluded that further investigation and complete a full necropsyHarwil was not liable. 11Recent amendments to part XII of the Health of Animals Regulations aim at avoiding this type of problematic situation in the future.17'