A provincial court judge has found a Salt Spring Island rooster owner guilty on five counts of violating a Capital Regional District (CRD) bylaw related to livestock and noise.
Clinton McNichol had been charged with keeping livestock — one to three roosters — on his 0.92-acre Woodland Drive property, contrary to a CRD bylaw requiring animals be kept in a manner that does not disturb the “quiet, peace, rest, enjoyment, comfort or convenience of other property owners in the vicinity.” Seven CRD bylaw infraction tickets were written in November and December of 2022, with two later withdrawn.
While Judge Christine Lowe’s reasons for judgement have not yet been published, both McNichol and next-door neighbour Isy Cohen, who was a witness in the case, shared the Aug. 22 outcome with the Driftwood. If McNichol’s property had been determined to be a farm, or in one of Salt Spring’s Islands Trust agricultural zones, the outcome would likely have been different. But the property is in a “rural” zone of similar-sized lots, and a B.C. Farm Industry Review Board ruling had determined the property was not a farm due to its income level and not subject to the province’s Right to Farm Act.
“Non-intensive agriculture” is a permitted use in the rural zone, however.
McNichol and his spouse Alia Elaraj, who breeds heritage chickens to sell, will be prohibited from having roosters on their land, which they moved to in the fall of 2020, for a period of one year. The judge will dispense fines and any other sentence conditions on Aug. 30.
Both McNichol and Cohen said that despite numerous recordings of the noise presented to the judge by the CRD, the decibel level was deemed not relevant.
“In our case, the judge threw out objectivity, and said while she appreciated the CRD took noise readings, they aren’t applicable. If two complainants say they are aggrieved, that is ‘believable and reasonable,’” McNichol said, quoting the judge.
Cohen has lived on the neighbouring property — which is about 0.8 of an acre in size — since 2006 and worked as a nurse at Lady Minto Hospital and in community health care since that time.
“Initially, the whole issue was about noise — the bylaw being contravened between 11 o’clock at night and seven in the morning — where the rooster was crowing from two in the morning and onwards, and I wouldn’t be able to sleep.”
Cohen said he would have to cancel shifts at work because he didn’t feel he could safely care for people without adequate sleep. Daytime crowing was also a problem when he worked night shifts at the hospital and then wouldn’t be able to sleep during the day.
He and the neighbour on the other side of the property tried to discuss the issue with McNichol, with various mitigation suggestions made by all parties. While the main coop was eventually moved from being only five feet away from the property line, Cohen said, it had little impact on mitigating the noise for him and made things worse for the other neighbour, who also provided their experience for the CRD case.
Cohen said he first contacted the CRD in June of 2021 just to find out what his rights were, but a CRD bylaw officer ended up visiting the McNichol property and issued an infraction ticket for an unlicensed dog rather than discussing the noise from the rooster. Due to staffing changes at the CRD, a number of different officers were ultimately involved.
McNichol said, “We have been dragged through a process that we do not recommend as healthy on many levels . . . Voluntary compliance is [the CRD’s] stated goal, and legal prosecution is the penalty. That hurts farmers, taxpayers and the community. It is not an effective use of resources. Many people, like ourselves, cannot afford lawyers. We gambled on a lawyer, logic and reason, and are faced with a sizeable debt owing.”
He said fines added to the cost of the legal defence will exceed $40,000. A GoFundMe campaign was initiated by the Salt Spring Island Poultry Club (SSIPC) to help offset those costs.
McNichol said the farming community on Salt Spring and in other parts of B.C. were following the case, concerned about the precedent and implications for backyard and small-hold farmers. SSIPC president Elsie Born articulates those concerns in an opinion piece, which was endorsed by the agriculture committee of the Salt Spring Island Farmers’ Institute.
Elaraj stressed that roosters are necessary for her breeding business, as she is not just producing eggs to sell for consumption.
“It may be considered a small farm operation, but it has contributed significantly to the island,” she said. “One hundred hens from my hatching eggs or chicks will produce 25,000 eggs a year. This number now needs to be replaced by off-island breeders or commercial hatcheries.”
She said only one or two roosters are usually on the property, although they had three for a short time.
“They serve the very important roles of security for the flock and keeping the peace within the group,” added McNichol. “Their presence actually encourages more egg laying.”
While Cohen believes “the CRD won their case to some extent,” he is concerned that noise could be an ongoing issue.
“Hopefully there’s some resolution. But I’ll just keep on fighting as much as I can, because I believe in having a peaceful environment and enjoying my home.”
Poor roosters. Where the heck are they supposed to go when they’re banned everywhere? Neighbours can just throw in some earplugs. My god, have a little compassion.
This is sad to read about. Living in such a natural setting as we do, there is bound to be noise. I know a certain woodpecker who has woke me up very early quite a few times and I jokingly say I would like to wring his little neck but of course I wouldn’t because he is a creature of nature and they all need to make their noise. Far better noise to hear a rooster than it is to hear the yahoos revving up and down our road late at night. I agree with Ariana H. buy some earplugs if it is that bad.
Many years ago when my parents lived on Salt Spring until they passed there was an issue with a woman who competed with her crowing roosters. Of course a woman moved in beside her and immediately wanted the roosters gone. There was a sewing circle on the island and drawing on solutions that were used in Britain during the war and made black out curtains for the coop that had to be closed from 9pm to 9am. The roosters settled in to the new routine and the compromise was achieved. I do not remember the lady’s name but I am sure some on the island must remember.