The Ontario government has introduced Ontario Regulation 351/22 pursuant to the Provincial Animal Welfare Services Act, 2019. The new Regulation updates the previous Regulation 444/19, and addresses the standards of care for dogs kept outdoors, including: (i) size of outdoor shelters, which now vary by the size of the dog (s. 4.4(3)); (ii) the quality of the shelters is updated to include structural soundness, adequate ventilation, and dry bedding that is regularly changed (s. 4.2(1)); (iii) sufficient protection from the elements includes protection from heat or cold-related distress and the provision of adequate shade (s. 4.1(1)); (iv) water and food regulations have been upgraded to state that food must be fit for consumption, and water must be replaced every twenty-four hours and must not be frozen (s. 4.1(3-4)); and (v) tethers must not create an undue risk of distress to the dog and harmful collars are not to be used for dogs who are tethered (s. 4.3). Animal Justice called the updates “significant progress” but criticized the failure to address harm done to dogs in dog sledding operations such as near-continuous tethering and the failure to protect other dogs from being chained outdoors continuously. The new Regulation comes into effect July 1st, 2022. Read the Regulation here, and Animal Justice’s response here.
Spotlights
Legislative Updates
Ontario Introduces New Regulation For Dogs Tethered Outdoors
City of Winnipeg Votes to Abandon Backyard Hen Program But Upholds Pitbull Ban
Winnipeg City Council has voted on various issues under consideration in its review of the Responsible Pet Ownership Bylaw. Review topics included: (i) whether to repeal breed-specific legislation (i.e. the pit bull ban); (ii) whether to introduce an urban (backyard) hen keeping pilot program; and (iii) whether to extend review of a bylaw relating to exotic pet ownership.
On April 20th, the City’s Executive Policy Committee heard from a variety of speakers on all three issues, specifically, Jessica Miller and Brittany Semeniuk (Winnipeg Humane Society), Jane Olijnek (End Breed-Specific Legislation Manitoba), Kaitlyn Mitchell (Animal Justice), Dr. Jonas Watson (veterinarian), Michèle Hamers (World Animal Protection), and Ewa Demianowicz (Humane Society International/Canada). Watch the Executive Committee meeting video here (tip: discussion on this topic does not start until approximately thirty-six minutes into the video).
On April 28th, City Councilors voted not to repeal breed-specific legislation but adopted amendments promoting responsible pet ownership. They voted to abandon the pilot program for backyard hens, in doing so they recognized the threat of spreading avian flu. And they voted not to grant Animal Services a year extension on its review of the exotic pet ownership bylaw. See the City Disposition here at pages 4 and 10.
Winnipeg City Council has voted on various issues under consideration in its review of the Responsible Pet Ownership Bylaw. Review topics included: (i) whether to repeal breed-specific legislation (i.e. the pit bull ban); (ii) whether to introduce an urban (backyard) hen keeping pilot program; and (iii) whether to extend review of a bylaw relating to exotic pet ownership.
On April 20th, the City’s Executive Policy Committee heard from a variety of speakers on all three issues, specifically, Jessica Miller and Brittany Semeniuk (Winnipeg Humane Society), Jane Olijnek (End Breed-Specific Legislation Manitoba), Kaitlyn Mitchell (Animal Justice), Dr. Jonas Watson (veterinarian), Michèle Hamers (World Animal Protection), and Ewa Demianowicz (Humane Society International/Canada). Watch the Executive Committee meeting video here (tip: discussion on this topic does not start until approximately thirty-six minutes into the video).
On April 28th, City Councilors voted not to repeal breed-specific legislation but adopted amendments promoting responsible pet ownership. They voted to abandon the pilot program for backyard hens, in doing so they recognized the threat of spreading avian flu. And they voted not to grant Animal Services a year extension on its review of the exotic pet ownership bylaw. See the City Disposition here at pages 4 and 10.
Academic Updates
New Article Calls for Legislation to Protect Canada’s Lab Animals
Vaughan Black, Andrew Fenton, & Elisabeth H. Ormandy, “Protecting Canada’s Lab Animals: The Need for Legislation” 12:6 (2022) Animals.
Abstract: Canada’s current non-legislated oversight system for animal-based science not only fails to adequately incentivize the replacement of sentient animals as best scientific practice in any meaningful way, but also fails to adequately protect those animals bred, harmed, and killed in the name of science. In this paper, we outline the various shortcomings of the Canadian Council on Animal Care, and we highlight the need for Canada to move towards national legislation akin to that seen in other jurisdictions like the U.K. We conclude that while legislation alone cannot ensure the replacement of sentient animals in science, it appears to be a precondition for significant progress in animal protection and for the development and adoption of non-animal methods.
Vaughan Black, Andrew Fenton, & Elisabeth H. Ormandy, “Protecting Canada’s Lab Animals: The Need for Legislation” 12:6 (2022) Animals.
Abstract: Canada’s current non-legislated oversight system for animal-based science not only fails to adequately incentivize the replacement of sentient animals as best scientific practice in any meaningful way, but also fails to adequately protect those animals bred, harmed, and killed in the name of science. In this paper, we outline the various shortcomings of the Canadian Council on Animal Care, and we highlight the need for Canada to move towards national legislation akin to that seen in other jurisdictions like the U.K. We conclude that while legislation alone cannot ensure the replacement of sentient animals in science, it appears to be a precondition for significant progress in animal protection and for the development and adoption of non-animal methods.
International Updates
United States Supreme Court Refuses to Hear Ag-gag Appeal by Kansas
The Animal Legal Defence Fund (ALDF) has declared a victory for animals and activists as the Supreme Court of the United States declined to hear an appeal from the decision that struck down Kansas’s ag-gag law for violating the First Amendment right to free speech. In 2018, the ALDF led a coalition of animal, environmental, and food safety advocacy groups to successfully challenge the Kansas law which criminalized activities which are essential to undercover investigations in farms and slaughterhouses. In 2021, the US Court of Appeals for the Tenth Circuit found the laws violated the US Constitution's First Amendment, and struck down the laws. The US Supreme Court’s refusal to hear a further appeal leaves the Appeal Court’s decision in place. Read the ALDF’s press release here.
The Animal Legal Defence Fund (ALDF) has declared a victory for animals and activists as the Supreme Court of the United States declined to hear an appeal from the decision that struck down Kansas’s ag-gag law for violating the First Amendment right to free speech. In 2018, the ALDF led a coalition of animal, environmental, and food safety advocacy groups to successfully challenge the Kansas law which criminalized activities which are essential to undercover investigations in farms and slaughterhouses. In 2021, the US Court of Appeals for the Tenth Circuit found the laws violated the US Constitution's First Amendment, and struck down the laws. The US Supreme Court’s refusal to hear a further appeal leaves the Appeal Court’s decision in place. Read the ALDF’s press release here.
Legislative Updates
Ontario Introduces New Regulation For Dogs Tethered Outdoors
The Ontario government has introduced Ontario Regulation 351/22 pursuant to the Provincial Animal Welfare Services Act, 2019. The new Regulation updates the previous Regulation 444/19, and addresses the standards of care for dogs kept outdoors, including: (i) size of outdoor shelters, which now vary by the size of the dog (s. 4.4(3)); (ii) the quality of the shelters is updated to include structural soundness, adequate ventilation, and dry bedding that is regularly changed (s. 4.2(1)); (iii) sufficient protection from the elements includes protection from heat or cold-related distress and the provision of adequate shade (s. 4.1(1)); (iv) water and food regulations have been upgraded to state that food must be fit for consumption, and water must be replaced every twenty-four hours and must not be frozen (s. 4.1(3-4)); and (v) tethers must not create an undue risk of distress to the dog and harmful collars are not to be used for dogs who are tethered (s. 4.3). Animal Justice called the updates “significant progress” but criticized the failure to address harm done to dogs in dog sledding operations such as near-continuous tethering and the failure to protect other dogs from being chained outdoors continuously. The new Regulation comes into effect July 1st, 2022. Read the Regulation here, and Animal Justice’s response here.
The Ontario government has introduced Ontario Regulation 351/22 pursuant to the Provincial Animal Welfare Services Act, 2019. The new Regulation updates the previous Regulation 444/19, and addresses the standards of care for dogs kept outdoors, including: (i) size of outdoor shelters, which now vary by the size of the dog (s. 4.4(3)); (ii) the quality of the shelters is updated to include structural soundness, adequate ventilation, and dry bedding that is regularly changed (s. 4.2(1)); (iii) sufficient protection from the elements includes protection from heat or cold-related distress and the provision of adequate shade (s. 4.1(1)); (iv) water and food regulations have been upgraded to state that food must be fit for consumption, and water must be replaced every twenty-four hours and must not be frozen (s. 4.1(3-4)); and (v) tethers must not create an undue risk of distress to the dog and harmful collars are not to be used for dogs who are tethered (s. 4.3). Animal Justice called the updates “significant progress” but criticized the failure to address harm done to dogs in dog sledding operations such as near-continuous tethering and the failure to protect other dogs from being chained outdoors continuously. The new Regulation comes into effect July 1st, 2022. Read the Regulation here, and Animal Justice’s response here.
Montreal City Council Unanimously Lifts Ban of Dogs on Public Transit
Following a petition launched by the Montreal Society for the Prevention of Cruelty to Animals (SPCA) in December 2021, which gathered over 17,000 signatures, the Montreal City Council has unanimously voted to lift the ban of companion dogs on public transit. The lift on the ban follows similar initiatives in Toronto and Calgary. Previously, the Société de transport de Montréal (STM) only allowed guide dogs and dogs in crates. Now, STM is to create a pilot project defining the parameters of permitting dogs on public transport. Some suggestions include allowing dogs on transit during certain times or in designated cars. See the Montreal SPCA’s petition page here and more here.
Following a petition launched by the Montreal Society for the Prevention of Cruelty to Animals (SPCA) in December 2021, which gathered over 17,000 signatures, the Montreal City Council has unanimously voted to lift the ban of companion dogs on public transit. The lift on the ban follows similar initiatives in Toronto and Calgary. Previously, the Société de transport de Montréal (STM) only allowed guide dogs and dogs in crates. Now, STM is to create a pilot project defining the parameters of permitting dogs on public transport. Some suggestions include allowing dogs on transit during certain times or in designated cars. See the Montreal SPCA’s petition page here and more here.
City of Winnipeg Votes to Abandon Backyard Hen Program But Upholds Pitbull Ban
Winnipeg City Council has voted on various issues under consideration in its review of the Responsible Pet Ownership Bylaw. Review topics included: (i) whether to repeal breed-specific legislation (i.e. the pit bull ban); (ii) whether to introduce an urban (backyard) hen keeping pilot program; and (iii) whether to extend review of a bylaw relating to exotic pet ownership.
On April 20th, the City’s Executive Policy Committee heard from a variety of speakers on all three issues, specifically, Jessica Miller and Brittany Semeniuk (Winnipeg Humane Society), Jane Olijnek (End Breed-Specific Legislation Manitoba), Kaitlyn Mitchell (Animal Justice), Dr. Jonas Watson (veterinarian), Michèle Hamers (World Animal Protection), and Ewa Demianowicz (Humane Society International/Canada). Watch the Executive Committee meeting video here (tip: discussion on this topic does not start until approximately thirty-six minutes into the video).
On April 28th, City Councilors voted not to repeal breed-specific legislation but adopted amendments promoting responsible pet ownership. They voted to abandon the pilot program for backyard hens, in doing so they recognized the threat of spreading avian flu. And they voted not to grant Animal Services a year extension on its review of the exotic pet ownership bylaw. See the City Disposition here at pages 4 and 10.
Winnipeg City Council has voted on various issues under consideration in its review of the Responsible Pet Ownership Bylaw. Review topics included: (i) whether to repeal breed-specific legislation (i.e. the pit bull ban); (ii) whether to introduce an urban (backyard) hen keeping pilot program; and (iii) whether to extend review of a bylaw relating to exotic pet ownership.
On April 20th, the City’s Executive Policy Committee heard from a variety of speakers on all three issues, specifically, Jessica Miller and Brittany Semeniuk (Winnipeg Humane Society), Jane Olijnek (End Breed-Specific Legislation Manitoba), Kaitlyn Mitchell (Animal Justice), Dr. Jonas Watson (veterinarian), Michèle Hamers (World Animal Protection), and Ewa Demianowicz (Humane Society International/Canada). Watch the Executive Committee meeting video here (tip: discussion on this topic does not start until approximately thirty-six minutes into the video).
On April 28th, City Councilors voted not to repeal breed-specific legislation but adopted amendments promoting responsible pet ownership. They voted to abandon the pilot program for backyard hens, in doing so they recognized the threat of spreading avian flu. And they voted not to grant Animal Services a year extension on its review of the exotic pet ownership bylaw. See the City Disposition here at pages 4 and 10.
Academic Updates
Access to Article Discussing the Rule of Law and Animal Sentience
John Adenitire, “The Rule of Law for All Sentient Animals” 35:1 (2022) Canadian Journal of Law and Jurisprudence.
Abstract: This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Lon Fuller, Jeremy Waldron, and Trevor Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory.
John Adenitire, “The Rule of Law for All Sentient Animals” 35:1 (2022) Canadian Journal of Law and Jurisprudence.
Abstract: This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Lon Fuller, Jeremy Waldron, and Trevor Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory.
New Article Calls for Legislation to Protect Canada’s Lab Animals
Vaughan Black, Andrew Fenton, & Elisabeth H. Ormandy, “Protecting Canada’s Lab Animals: The Need for Legislation” 12:6 (2022) Animals.
Abstract: Canada’s current non-legislated oversight system for animal-based science not only fails to adequately incentivize the replacement of sentient animals as best scientific practice in any meaningful way, but also fails to adequately protect those animals bred, harmed, and killed in the name of science. In this paper, we outline the various shortcomings of the Canadian Council on Animal Care, and we highlight the need for Canada to move towards national legislation akin to that seen in other jurisdictions like the U.K. We conclude that while legislation alone cannot ensure the replacement of sentient animals in science, it appears to be a precondition for significant progress in animal protection and for the development and adoption of non-animal methods.
Vaughan Black, Andrew Fenton, & Elisabeth H. Ormandy, “Protecting Canada’s Lab Animals: The Need for Legislation” 12:6 (2022) Animals.
Abstract: Canada’s current non-legislated oversight system for animal-based science not only fails to adequately incentivize the replacement of sentient animals as best scientific practice in any meaningful way, but also fails to adequately protect those animals bred, harmed, and killed in the name of science. In this paper, we outline the various shortcomings of the Canadian Council on Animal Care, and we highlight the need for Canada to move towards national legislation akin to that seen in other jurisdictions like the U.K. We conclude that while legislation alone cannot ensure the replacement of sentient animals in science, it appears to be a precondition for significant progress in animal protection and for the development and adoption of non-animal methods.
New Article Finds Canada and United States Failing in Agricultural Methane Mitigation Policy
Patricia Fisher, “The ‘Dark Horse’ of Climate Change: Agricultural Methane Governance in the United States and Canada” (2022) North American Climate Policy.
With a focus on both Canada and the United States, Patricia (Trish) Fisher researches each country’s policies surrounding agricultural methane emissions reduction policies, which is a byproduct of livestock/animal agriculture. Key findings include:
1. The US and Canada are falling behind peer countries (including some European countries and New Zealand) in terms of agricultural methane mitigation policy;
2. Neither country is considering mandatory agricultural emissions reductions, cuts in livestock production, or inclusion of agriculture in any form of greenhouse gas pricing scheme;
3. Supply-side, technically-oriented policy solutions to livestock methane emissions will, in the near term, be unable to achieve any significant emissions reduction;
4. Neither the US nor Canada is considering policy approaches that even approximate the types of comprehensive changes to the food system that will be necessary to avert catastrophic climate scenarios.
Patricia Fisher, “The ‘Dark Horse’ of Climate Change: Agricultural Methane Governance in the United States and Canada” (2022) North American Climate Policy.
With a focus on both Canada and the United States, Patricia (Trish) Fisher researches each country’s policies surrounding agricultural methane emissions reduction policies, which is a byproduct of livestock/animal agriculture. Key findings include:
1. The US and Canada are falling behind peer countries (including some European countries and New Zealand) in terms of agricultural methane mitigation policy;
2. Neither country is considering mandatory agricultural emissions reductions, cuts in livestock production, or inclusion of agriculture in any form of greenhouse gas pricing scheme;
3. Supply-side, technically-oriented policy solutions to livestock methane emissions will, in the near term, be unable to achieve any significant emissions reduction;
4. Neither the US nor Canada is considering policy approaches that even approximate the types of comprehensive changes to the food system that will be necessary to avert catastrophic climate scenarios.
International Updates
United States Supreme Court Refuses to Hear Ag-gag Appeal by Kansas
The Animal Legal Defence Fund (ALDF) has declared a victory for animals and activists as the Supreme Court of the United States declined to hear an appeal from the decision that struck down Kansas’s ag-gag law for violating the First Amendment right to free speech. In 2018, the ALDF led a coalition of animal, environmental, and food safety advocacy groups to successfully challenge the Kansas law which criminalized activities which are essential to undercover investigations in farms and slaughterhouses. In 2021, the US Court of Appeals for the Tenth Circuit found the laws violated the US Constitution's First Amendment, and struck down the laws. The US Supreme Court’s refusal to hear a further appeal leaves the Appeal Court’s decision in place. Read the ALDF’s press release here.
The Animal Legal Defence Fund (ALDF) has declared a victory for animals and activists as the Supreme Court of the United States declined to hear an appeal from the decision that struck down Kansas’s ag-gag law for violating the First Amendment right to free speech. In 2018, the ALDF led a coalition of animal, environmental, and food safety advocacy groups to successfully challenge the Kansas law which criminalized activities which are essential to undercover investigations in farms and slaughterhouses. In 2021, the US Court of Appeals for the Tenth Circuit found the laws violated the US Constitution's First Amendment, and struck down the laws. The US Supreme Court’s refusal to hear a further appeal leaves the Appeal Court’s decision in place. Read the ALDF’s press release here.
Other Updates
The Fur-Bearers File a Complaint Over Bear Cub Killings in British Columbia
The Fur-Bearers, a wildlife charity based in British Columbia (BC), filed a formal policy and service complaint to the BC Conservation Officer Service (BCCOS) and the BC Minister of Environment and Climate Change Strategy regarding the killing of juvenile bear cubs. Following a freedom of information request, the organization found that from January to December 2021, BCCOS killed seventy-seven bear cubs. In the complaint, The Fur-Bearers raise concerns surrounding the discretion of Conservation Officers to kill bear cubs in incidents not related to public safety or poor cub health, as the Officers are not wildlife managers and non-lethal alternatives are available. The complaint calls for proper funding and third-party oversight of BCCOS. Read the news release and formal complaint here.
The Fur-Bearers, a wildlife charity based in British Columbia (BC), filed a formal policy and service complaint to the BC Conservation Officer Service (BCCOS) and the BC Minister of Environment and Climate Change Strategy regarding the killing of juvenile bear cubs. Following a freedom of information request, the organization found that from January to December 2021, BCCOS killed seventy-seven bear cubs. In the complaint, The Fur-Bearers raise concerns surrounding the discretion of Conservation Officers to kill bear cubs in incidents not related to public safety or poor cub health, as the Officers are not wildlife managers and non-lethal alternatives are available. The complaint calls for proper funding and third-party oversight of BCCOS. Read the news release and formal complaint here.
Reptile Zoo Owners Withdraw Application for Bylaw Exemption
Reptilia Inc. applied for a bylaw exemption which would allow them to open a private zoo in a mall in St. Catherines, Ontario. Reptilia Zoo, which has establishments in Vaughan and Whitby Ontario, boasts housing over 250 different species, including snakes, turtles, crocodiles, and other exotic animals. On their website, Reptilia Zoo offers to bring exotic animals to events, birthdays, camps, and schools. They sought to open a third location in St. Catherines, which would require an exemption from St. Catherine’s Bylaw No 95-212 banning the keeping of exotic animals. Animal Justice launched a public campaign urging the City of St. Catharines to uphold the bylaw on April 20th. Other organizations joined Animal Justice, including Zoocheck, Animal Alliance of Canada, Niagara Action for Animals, and more. Just five days later, on April 25th, Reptilia Inc. withdrew their application. Read the Animal Justice blog here, and more here.
Reptilia Inc. applied for a bylaw exemption which would allow them to open a private zoo in a mall in St. Catherines, Ontario. Reptilia Zoo, which has establishments in Vaughan and Whitby Ontario, boasts housing over 250 different species, including snakes, turtles, crocodiles, and other exotic animals. On their website, Reptilia Zoo offers to bring exotic animals to events, birthdays, camps, and schools. They sought to open a third location in St. Catherines, which would require an exemption from St. Catherine’s Bylaw No 95-212 banning the keeping of exotic animals. Animal Justice launched a public campaign urging the City of St. Catharines to uphold the bylaw on April 20th. Other organizations joined Animal Justice, including Zoocheck, Animal Alliance of Canada, Niagara Action for Animals, and more. Just five days later, on April 25th, Reptilia Inc. withdrew their application. Read the Animal Justice blog here, and more here.