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Ontario Urged to Follow British Columbia's Lead in Pet Custody Laws

Ontario lawyers are calling for the province to emulate British Columbia's new Family Law Act amendments, which elevate pets from property to “companion animals” in divorce proceedings. Under the new law, BC courts are required to assess factors such as each person's ability and willingness to care for the pet, the relationship between the child and the animal, and the risk of family violence or threat of cruelty. In contrast, Ontario law treats pets as property, lacking consideration for their welfare. Russell Alexander, founder and senior partner at Russell Alexander Family Lawyers, said that, because of this approach, “[…] pets can be used as pawns in the litigation, and it can lead to some pretty unfair results.” Victoria Shroff, a BC-based animal law lawyer who advised the province’s attorney general on the new family law reforms, says she expects other provinces will follow with copycat legislation because BC’s changes reflect a societal understanding of pet relationships and because the caselaw is trending in that direction. She suggests Ontario, with evolving caselaw recognizing pets' value beyond possessions, is primed for similar reforms.

British Columbia Enacts Groundbreaking Family Law Changes for Pet Custody in Separation

Effective January 15, 2024, British Columbia introduced amendments to the Family Law Act, outlining factors for determining companion animal custody post-separation. The legislation requires consideration of factors such as each person's ability and willingness to care for the pet, the relationship between the child and the animal, and the risk of family violence or threat of cruelty.The reforms encourage spouses to make agreements, but the court can intervene if needed. Originally introduced as part of Bill 17, the Family Law Amendment Act, 2023, in early 2023, the amendments aim to provide clarity and prioritize animal well-being in custody decisions, acknowledging the importance of pets within families.

New Jersey Bill Would Authorize Cross Reporting of Animal Abuse by Child Abuse Investigators

New Jersey bill A310 would authorize Division of Children Protection and Permanency employees who investigate child abuse and neglect to report suspected animal cruelty to humane law enforcement officers and other authorized parties. The bill is a carryover from the previous legislative session. The bill was referred to the Assembly Committee on Commerce, Economic Development and Agriculture.

New Jersey Bill Would Establish Grant Program for Domestic Violence Shelters to House Companion Animals with Owners

New Jersey Assembly Bill 5907 would establish a $1 million grant program to provide awards of up to $50,000 per domestic violence shelter “to allow the pets of victims of domestic violence to reside concurrently with their owners within [the] shelters” and to help subsidize the costs of food, supplies, and veterinary care for “domesticated animals.” The bill was referred to the Assembly Human Services Committee but did not advance out of committee before the expiration of the legislative session.

New York Bill Would Require Investigation of Accused Animal Abusers for Potential Associated Domestic Violence

New York S.7812 would require the Office of Children and Family Services (“Office”) to “log and investigate” individuals who have been accused of crimes against animals for potential associated domestic or family violence and would direct coordination and information sharing between the Office and law enforcement. If enacted, the legislation would be known as “Bella’s Law.” The bill has been referred to the Senate Rules Committee.

Delaware Law Enacted to Require and Protect Reporting of Suspected Animal Cruelty

Governor John Carney signed Senate Bill 71, which provides civil and criminal immunity to people who, in good faith, report suspected animal cruelty. Senate Bill 71 imposes an additional affirmative obligation on law-enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare if it is discovered in the course of investigating child welfare cases.

Montreal SPCA to Challenge Housing Pet Bans in Court

The Montreal Society for the Prevention of Cruelty to Animals (SPCA) filed a writ of intervention with the housing tribunal in support of two tenants who are challenging a clause in their rental leases prohibiting them from owning animals. The SPCA contends that these clauses contradict the recognition of animals as “sentient beings” in the Civil Code of Quebec since they treat animals as mere property and disregard the emotional attachment and obligations humans have towards them. They also argue that article five of the Quebec Charter of Rights and Freedoms guarantee of every person’s right to respect of their private life protects the right to choose to live with a companion animal, as well as an argument about such clauses being abusive and unreasonable, especially during a housing crisis. On May 25th, Andrés Fontecilla, MNA for Laurier-Dorion and Québec Solidaire's housing critic, introduced a bill that would amend the Civil Code to render ineffective “no-pet” clauses in rental housing leases.

Keira’s Law Receives Royal Assent

Canada's Bill C-233, also known as Keira's Law, named after four-year old Keira Kagan, has received royal assent. The bill requires judges to consider electronic monitoring devices as part of the release conditions for accused charged with offences against their intimate partners under the Criminal Code. It also amends the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control in intimate partner and family relationships. The need for judicial training in domestic violence and coercive control, including the use of companion animals as a means of coercion, was highlighted in a brief submitted by Humane Canada to the House of Commons Standing Committee on the Status of Women's study of the bill.

British Columbia Civil Resolution Tribunal Considers Best Interests of Dog in Custody Dispute

The British Columbia (BC) Civil Resolution Tribunal considered new factors being proposed under the Family Law Act when determining the custody of a dog named Bentley. Christina McInulty and Jeffrey Wayne Bond had shared custody of Bentley on a rotating three-week cycle for eight years but ended up in court when McInulty refused to let Bentley go when Bond came to pick him up. McInulty alleged that she was no longer comfortable with Bond having Bentley because she had discovered upsetting things about Bond but failed to substantiate the allegation. Vice Chair Andrea Ritchie said: “I find that Ms. McInulty unilaterally removing the dog from one of its owners, Mr. Bond, without any explanation about the allegedly 'upsetting' behaviour or how it may have been dog-related, displays a lack of ability to put Bentley’s best interests above her own personal interests.”