During the continuing second reading debates of Bill S-241: Jane Goodall Act, Quebec Senator Julie Miville-Dechêne gave a speech supporting the proposed legislation. She began by emphasizing that “[i]n a world increasingly concerned with animal welfare, keeping wild animals in captivity for human enjoyment is less and less acceptable.” She referred to the closure of a zoo 120 kilometers east of Montreal in which criminal charges were brought against the zoo owner, who pleaded guilty to lesser provincial animal welfare charges. Senator Miville-Dechêne supported the law’s goal in applying the highest standards for zoos and aquariums, but took issue with how the bill would consider facilities accredited by the US-based Association of Zoos and Aquariums (AZA). Specifically, she drew attention to the fact that seven AZA-accredited Canadian facilities are named in the bill as eligible animal care organizations and expressed the concern that other zoos and aquaria would face administrative procedures that the seven named zoos would not, thereby creating a two-tier system. In response, Senator Marty Klyne (the bill’s sponsor) denied that the Jane Goodall Act would create a two-tier system. Time for debate ended before the issue could be fully discussed. Watch the video of the speech here (beginning at 16:07:30) and read the speech here.
Issue 17: June 6, 2022
This Week's Spotlights
Legislative Updates
Federal Ag Gag-Style Farm Biosecurity Bill Reintroduced in House of Commons
Conservative Member of Parliament and Agriculture and Agri-Food Committee Member John Barlow has reintroduced a farm biosecurity bill in the House of Commons, which passed first reading. Previously introduced as Bill C-205, Barlow continues to sponsor the bill reintroduced as Bill C-275: An Act to Amend the Health of Animals Act (biosecurity on farms). During the previous 43rd Parliament, Bill C-205 sought to punish any person unlawfully on property where animals are kept if they know or are reckless as to whether doing so could result in exposing the animals to a disease or toxic substance. In June 2021, The Standing Committee on Agriculture and Agri-Food amended Bill C-205 during second reading to apply to anyone whose actions could reasonably result in exposing animals to disease or toxic substances, including farm owners and operators. Bill C-205 was criticized by organizations such as Animal Justice, which emphasized that trespassing and contaminating farmed animals was already illegal, and also the Canadian Food Inspection Agency, which raised concerns surrounding the enforceability of the bill. Bill C-205 died when the 43rd Parliament dissolved, before the bill reached third reading. Barlow reintroduced Bill C-275 with almost the same wording as the original text of Bill C-205 (as described above), without much of the amended text. In reintroducing the bill, Barlow emphasized the importance of protecting the health of animals from diseases such as avian flu, African swine fever, and bovine spongiform encephalopathy. See the progress of Bill C-275 here, read the text of the bill here, and read Barlow’s speech here.
Litigation Updates
Quebec Animal Law Organization Files for Permanent Injunction on Rodeo
La communauté droit animalier Québec (DAQ) has filed a claim in the Superior Court of Quebec, District of Saint-Maurice, seeking a permanent injunction against certain rodeo events scheduled to be held at the St-Tite Western Festival, September 9th and 18th 2022. Specifically, DAQ seeks to prohibit the tie-down roping of calves with a lasso, and steer wrestling. DAQ cites a 2015 change to the Quebec Civil Code (s. 898.1), which recognizes “[a]nimals are not things. They are sentient beings and have biological needs.” They further cite the Animal Welfare and Safety Act, which obligates the owner or custodian of an animal to ensure that the welfare or safety of the animal is not compromised, and prohibits causing an animal to be in distress (see Chapter II, ss. 5 and 6). Read an unofficial English translation of the legal filing here.
Newfoundland and Labrador Supreme Court Upholds Aquittal for Animal Cruelty
Justice Peter O‘Flaherty of the Newfoundland and Labrador Supreme Court (NLSC) dismissed a Crown appeal of the acquittal of Robert Picco on eight counts of criminal animal cruelty in March 2021. In September 2018, Picco contacted a rescue organization, Beagle Paws, asking if they could recover and rehome the four beagles he kept outside on his mother’s property. The organization recovered the dogs the next day in a severely emaciated condition, took them for veterinary care, and alerted the police. Two months later, Picco was charged with four counts of willful neglect (s. 446(1)(b)) and four counts of willfully causing unnecessary pain, suffering or injury (s. 445.1(a)) under the Criminal Code. After a three-day trial in September 2020, the trial judge found that the Crown had not proven the mental element of “willfully” neglecting or causing the suffering and acquitted Picco. On appeal, the Crown argued that the trial judge made a legal error regarding the requisite mens rea, and a factual error as to the suffering of the dogs when they were recovered. The Court dismissed the appeal, finding no legal error, and finding that the trial judge did not reach a clearly wrong or unreasonable factual finding. Read Justice O’Flaherty’s judgment in R v Picco, 2022 NLSC 79 here.
Marineland Continues Dolphin Shows Despite National Ban and Criminal Charge
Footage shot at Marineland during its 2022 season opening weekend shows the Niagara Falls-based aquarium is continuing to hold dolphin shows, despite both the federal ban on using cetacean in entertainment performances, as well as a pending criminal charge for similar dolphin shows in the 2021 season, which was laid in December 2021. The current criminal proceeding is still in the disclosure phase. Animal Justice filed an additional complaint after releasing new footage of the Marineland dolphin show, showing trainers clapping to pop music, dolphins pushing trainers through the pool water, and dolphins performing tricks including jumps and flips. Niagara Regional Police have acknowledged the new allegations and are investigating. See the footage and read Animal Justice’s blog post here, also read more here.
Academic Updates
New Article Describes Challenges and Opportunities for Animal Law Investigations and Prosecutions in Canada
Kendra Coulter, Bridget Nicholls, & Amy Fitzgerald, “Animal Protection: Organizational Constraints and Collaborative Opportunities” (2022) 7:1 Journal of Community Safety and Well-Being 16-19.
Abstract: This paper examines the landscape of animal cruelty investigations in Canada. Building on six years of mixed-methods research, we first outline the enforcement organizations and investigations process. Then we identify three challenges for jurisdictions across the country: the unevenness of forensic veterinary expertise, differing levels of Crown awareness and engagement, and relative availability of community-based programs and services to solve problems and prevent harm. We argue that further development of all three areas, including through strengthened multi-sector collaboration, will increase the effectiveness of animal protection, better protect vulnerable people, and augment public safety.
New Article Examines Negative Mental Health Effects of Working with Animals Surrenders and Seizures
Rochelle Stevenson & Celeste Morales, “Trauma in Animal Protection and Welfare Work: The Potential of Trauma-Informed Practice” (2022) 12:7 Animals 852.
Abstract: Those who work in the animal protection and welfare (APW) sector are consistently exposed to human and animal suffering, particularly those who witness animal surrenders and seizures. Continued exposure to suffering can result in stress, anxiety, burnout, and compassion fatigue, which are detrimental to individual and organizational well-being. The aim of this study was to understand the challenges experienced by Canadian APW workers, and to explore how trauma-informed approaches can be implemented to help mitigate these challenges. To achieve this, we utilized purposive sampling to seek workers in the APW sector who had experience with animal surrender and/or seizure. Telephone interviews were conducted with 11 participants. Participants reported experiencing many challenges that negatively impacted their mental health; this article summarizes them by focusing on two key themes drawn from the narratives of the participants: feeling unprepared and forced strength. Trauma-informed practices are explored as a means to prevent compassion fatigue and burnout, and to increase the resilience of individuals and organizations. We suggest trauma-informed practices help APW workers manage job-related stressors while also providing a more compassionate experience for animal guardians. Further, we propose that trauma-informed practices are a crucial component in facilitating respectful relationships with the communities that APW organizations serve.
International Updates
New York Appellate Court Hears from Nonhuman Rights Project in Happy the Elephant Case
Happy is an Asian Elephant confined in the Bronx Zoo in New York since 1977. Since 2018, Happy has been represented by lawyers at the Nonhuman Rights Project (NhRP). The NhRP have litigated for her legal personhood and freedom through a petition for a writ of habeas corpus, a common-law prerogative that “brings the body” of an individual before a court to determine unlawful detention or imprisonment. The NhRP hopes that a court will recognize Happy’s legal personhood as a sentient, cognitively advanced, and emotive individual. Litigation has now reached the New York Court of Appeals. Within the NhRP’s legal materials to the Court is a legal brief (amicus curiae) submitted by Canadian animal law scholar Professor Maneesha Deckha, who holds the Lansdowne Chair in Law at the University of Victoria. The hearing lasted one day and a ruling is expected in six to eight weeks. View the NhRP press release and hearing video here, and read more here.
Other Updates
Government of Canada Releases Data from 2021 Agriculture Census
Statistics Canada (StatsCan) has released data on Canada’s 2021 Census of Agriculture. StatsCan reports “[d]ata from the Census of Agriculture indicate that trends identified in previous census cycles, such as industry consolidation and aging of farm operators, have continued in 2021.” The Census describes that 76,527 out of 189,874 (i.e. approximately forty percent) of farms in Canada were animal-type farms (as opposed to crop-type farms). The number of large farms increased, while small and mid-sized farms decreased. Ages of farmers increased, specifically, approximately sixty percent of farmers were fifty-five years-old and older. An analysis of Census data conducted by The Fur-Bearers revealed only ninety-seven fur farms remain active in Canada as of 2021, a decline from 233 in 2016, and 347 in 2011. Read the Census here.
Legislative Updates
Quebec Announces New Animal Welfare Regulations for Companion Animals
The Quebec Ministry of Agriculture, Fisheries and Food released a new draft regulation surrounding companion animal care. The new regulation would introduce a number of prohibitions, including a ban on non-therapeutic surgeries such as cat declawing or dog devocalization, a complete ban of euthanasia by gas chamber, and a ban on the use of pronged collars for dogs. The regulation would also address companion animal breeding practices for cats, dogs, rabbits, ferrets, guinea pigs, and companion pigs. The regulation would introduce advanced oversight of breeding activities, a limit of fifty animals kept by any one person, a minimum age for breeding, a maximum number of litters per year, and mandatory veterinary consultation prior to breeding. Owners would also be obligated to provide daily enrichment to cats, dogs, rabbits, ferrets, guinea pigs, and companion pigs. Owners of horses would be obligated to follow the National Code of Practice for the Care and Handling of Equines. Read the draft regulation here (French), and read more here (English).
City of Montreal Passes Motion to Promote Plant-Based Eating
Montreal City Council unanimously passed a motion that the city will adhere to the C40 Good Food Cities Declaration, becoming the fifteenth city and second Canadian city after Toronto to join the Declaration (for more on C40 see academic updates in this issue). The motion included commitments to support an overall increase in the consumption of plant-based foods. The city committed to offering a minimum of seventy-five percent vegetarian foods at city-organized events and to favour vendors who use local or regional products, practice the reduction of food waste, and promote vegetarian cuisine. Watch the motion meeting here (motion presented at 03:04:15). In their endorsement of the City of Montreal motion, the Coalition for a Sustainable Food Transition reports that in 2021 sixty-six percent of the Quebec population was open to consuming more plant-based foods. Read their endorsement here.
Senator Julie Miville-Dechêne Gives Speech Supporting Jane Goodall Bill
During the continuing second reading debates of Bill S-241: Jane Goodall Act, Quebec Senator Julie Miville-Dechêne gave a speech supporting the proposed legislation. She began by emphasizing that “[i]n a world increasingly concerned with animal welfare, keeping wild animals in captivity for human enjoyment is less and less acceptable.” She referred to the closure of a zoo 120 kilometers east of Montreal in which criminal charges were brought against the zoo owner, who pleaded guilty to lesser provincial animal welfare charges. Senator Miville-Dechêne supported the law’s goal in applying the highest standards for zoos and aquariums, but took issue with how the bill would consider facilities accredited by the US-based Association of Zoos and Aquariums (AZA). Specifically, she drew attention to the fact that seven AZA-accredited Canadian facilities are named in the bill as eligible animal care organizations and expressed the concern that other zoos and aquaria would face administrative procedures that the seven named zoos would not, thereby creating a two-tier system. In response, Senator Marty Klyne (the bill’s sponsor) denied that the Jane Goodall Act would create a two-tier system. Time for debate ended before the issue could be fully discussed. Watch the video of the speech here (beginning at 16:07:30) and read the speech here.
Federal Food Day In Canada Act Passes First Reading in House of Commons
Senate Bill S-227: An Act to Establish Food Day in Canada has passed through the Senate and has now been introduced in the House of Commons, where it has passed its first reading. The Bill seeks to establish the Saturday of the August long weekend before the civic holiday on Monday to be “Food Day in Canada.” The movement to establish this day began as a promotion for Canada’s beef industry following the 2003 bovine spongiform encephalopathy (i.e., Mad Cow Disease) crisis. The bill is sponsored in the House by Conservative Member of Parliament John Nater, who introduced the bill by highlighting the importance of championing the “healthy local food that hard-working farmers and farm families grow throughout Canada.” See the bill’s progress here, read the text of the bill here, and read Nater’s speech here.
Federal Ag Gag-Style Farm Biosecurity Bill Reintroduced in House of Commons
Conservative Member of Parliament and Agriculture and Agri-Food Committee Member John Barlow has reintroduced a farm biosecurity bill in the House of Commons, which passed first reading. Previously introduced as Bill C-205, Barlow continues to sponsor the bill reintroduced as Bill C-275: An Act to Amend the Health of Animals Act (biosecurity on farms). During the previous 43rd Parliament, Bill C-205 sought to punish any person unlawfully on property where animals are kept if they know or are reckless as to whether doing so could result in exposing the animals to a disease or toxic substance. In June 2021, The Standing Committee on Agriculture and Agri-Food amended Bill C-205 during second reading to apply to anyone whose actions could reasonably result in exposing animals to disease or toxic substances, including farm owners and operators. Bill C-205 was criticized by organizations such as Animal Justice, which emphasized that trespassing and contaminating farmed animals was already illegal, and also the Canadian Food Inspection Agency, which raised concerns surrounding the enforceability of the bill. Bill C-205 died when the 43rd Parliament dissolved, before the bill reached third reading. Barlow reintroduced Bill C-275 with almost the same wording as the original text of Bill C-205 (as described above), without much of the amended text. In reintroducing the bill, Barlow emphasized the importance of protecting the health of animals from diseases such as avian flu, African swine fever, and bovine spongiform encephalopathy. See the progress of Bill C-275 here, read the text of the bill here, and read Barlow’s speech here.
Litigation Updates
Quebec Animal Law Organization Files for Permanent Injunction on Rodeo
La communauté droit animalier Québec (DAQ) has filed a claim in the Superior Court of Quebec, District of Saint-Maurice, seeking a permanent injunction against certain rodeo events scheduled to be held at the St-Tite Western Festival, September 9th and 18th 2022. Specifically, DAQ seeks to prohibit the tie-down roping of calves with a lasso, and steer wrestling. DAQ cites a 2015 change to the Quebec Civil Code (s. 898.1), which recognizes “[a]nimals are not things. They are sentient beings and have biological needs.” They further cite the Animal Welfare and Safety Act, which obligates the owner or custodian of an animal to ensure that the welfare or safety of the animal is not compromised, and prohibits causing an animal to be in distress (see Chapter II, ss. 5 and 6). Read an unofficial English translation of the legal filing here.
Quebec Animal Organization Asks Superior Court to Stop Deer Cull
Sauvetage Animal Rescue and citizen Florence Meney, represented by lawyer Anne-France Goldwater, have filed a petition in the Superior Court of Quebec seeking to stop the City of Longueuil from carrying out a plan to cull deer in the fall of 2022. The petition seeks judicial review of the City’s decision to cull white-tailed deer living in Michel Chartrand Park, as well as an order to suspend implementation of the deer cull until the legal challenge has been decided. The court petition follows statements made in November 2021 by Longueuil Mayor Catherine Fournier, who said the City would capture and kill all but ten to fifteen deer out of the population of seventy individuals. One week after the petition was filed, the Montreal Society for the Prevention of Animal Cruelty (SPCA) filed for leave to intervene in the case. If intervention is granted, the Montreal SPCA will argue (i) that the City did not fulfill a legal obligation to consult an animal welfare organization prior to making the decision, (ii) the method chosen to kill the deer by using a captive bolt gun carried a high risk of suffering, and (iii) that sterilizing or castrating the deer should have been considered. Read the Montreal SPCA announcement here, and read more here.
Newfoundland and Labrador Supreme Court Upholds Aquittal for Animal Cruelty
Justice Peter O‘Flaherty of the Newfoundland and Labrador Supreme Court (NLSC) dismissed a Crown appeal of the acquittal of Robert Picco on eight counts of criminal animal cruelty in March 2021. In September 2018, Picco contacted a rescue organization, Beagle Paws, asking if they could recover and rehome the four beagles he kept outside on his mother’s property. The organization recovered the dogs the next day in a severely emaciated condition, took them for veterinary care, and alerted the police. Two months later, Picco was charged with four counts of willful neglect (s. 446(1)(b)) and four counts of willfully causing unnecessary pain, suffering or injury (s. 445.1(a)) under the Criminal Code. After a three-day trial in September 2020, the trial judge found that the Crown had not proven the mental element of “willfully” neglecting or causing the suffering and acquitted Picco. On appeal, the Crown argued that the trial judge made a legal error regarding the requisite mens rea, and a factual error as to the suffering of the dogs when they were recovered. The Court dismissed the appeal, finding no legal error, and finding that the trial judge did not reach a clearly wrong or unreasonable factual finding. Read Justice O’Flaherty’s judgment in R v Picco, 2022 NLSC 79 here.
Marineland Continues Dolphin Shows Despite National Ban and Criminal Charge
Footage shot at Marineland during its 2022 season opening weekend shows the Niagara Falls-based aquarium is continuing to hold dolphin shows, despite both the federal ban on using cetacean in entertainment performances, as well as a pending criminal charge for similar dolphin shows in the 2021 season, which was laid in December 2021. The current criminal proceeding is still in the disclosure phase. Animal Justice filed an additional complaint after releasing new footage of the Marineland dolphin show, showing trainers clapping to pop music, dolphins pushing trainers through the pool water, and dolphins performing tricks including jumps and flips. Niagara Regional Police have acknowledged the new allegations and are investigating. See the footage and read Animal Justice’s blog post here, also read more here.
Hobby Chicken Farmer Prepares to Take Noise Complaints to Court
British Columbia’s Salt Spring Island is home to a number of hobby chicken farms, including one operated by Ashleigh Roslinsky, whose property houses twelve chickens, eighteen ducks, and three geese. Neighbours began complaining about the loud noises regularly made by the animals, primarily the roosters, early in the morning. Local authorities issued two tickets to Roslinsky for violating the local nuisance noise bylaw. Roslinsky claims that the noise is no worse than dogs barking, or passing road and ferry traffic. Roslinsky plans to challenge the tickets in court, hoping to set a precedent so other hobby farmers will not receive similar tickets for the noise made by their animals. Read more here and here.
Enforcement Updates
Canadian Food Inspection Agency Releases First Quarter Penalties Report
The Canadian Food Inspection Agency (CFIA) releases a quarterly report detailing all Administrative Monetary Penalties (AMPs) issued against individuals and corporations who are subjected to agri-food acts enforced by the CFIA pursuant to the Agriculture and Agri-Food Administrative Monetary Penalties Act. During the first three months of 2022, the CFIA issued a total of sixty AMPs across Canada, including twenty-six in the West, eighteen in Ontario, eleven in Quebec, and five in the Atlantic provinces. The sixty monetary penalties totaled $220,400. The report states that forty-six of the AMPs were for violations of the Health of Animals Act or Regulations (which regulate the transport of animals, among other things), nine AMPs for violations of the Safe Food for Canadians Act or Regulations (which regulate the slaughter of animals, among other things), and five AMPs for violations of the Plant Protection Act or Regulations. The report does not give details for each violation. Read the full CFIA report here.
Man in Toronto Arrested After Throwing Dog Out a Window
Toronto Regional Police charged a thirty-eight year-old man for criminal animal cruelty and uttering threats. Officers responded to a call about a person in crisis demonstrating violent behaviour in an apartment building. The man threw a small dog out of a window from a high floor causing death. The man also made threats of self-harm. Police de-escalated the situation and arrested the man. Ontario’s Animal Welfare Services were contacted and the investigation is ongoing. Read more here.
Academic Updates
New Article Describes Challenges and Opportunities for Animal Law Investigations and Prosecutions in Canada
Kendra Coulter, Bridget Nicholls, & Amy Fitzgerald, “Animal Protection: Organizational Constraints and Collaborative Opportunities” (2022) 7:1 Journal of Community Safety and Well-Being 16-19.
Abstract: This paper examines the landscape of animal cruelty investigations in Canada. Building on six years of mixed-methods research, we first outline the enforcement organizations and investigations process. Then we identify three challenges for jurisdictions across the country: the unevenness of forensic veterinary expertise, differing levels of Crown awareness and engagement, and relative availability of community-based programs and services to solve problems and prevent harm. We argue that further development of all three areas, including through strengthened multi-sector collaboration, will increase the effectiveness of animal protection, better protect vulnerable people, and augment public safety.
New Article Examines Negative Mental Health Effects of Working with Animals Surrenders and Seizures
Rochelle Stevenson & Celeste Morales, “Trauma in Animal Protection and Welfare Work: The Potential of Trauma-Informed Practice” (2022) 12:7 Animals 852.
Abstract: Those who work in the animal protection and welfare (APW) sector are consistently exposed to human and animal suffering, particularly those who witness animal surrenders and seizures. Continued exposure to suffering can result in stress, anxiety, burnout, and compassion fatigue, which are detrimental to individual and organizational well-being. The aim of this study was to understand the challenges experienced by Canadian APW workers, and to explore how trauma-informed approaches can be implemented to help mitigate these challenges. To achieve this, we utilized purposive sampling to seek workers in the APW sector who had experience with animal surrender and/or seizure. Telephone interviews were conducted with 11 participants. Participants reported experiencing many challenges that negatively impacted their mental health; this article summarizes them by focusing on two key themes drawn from the narratives of the participants: feeling unprepared and forced strength. Trauma-informed practices are explored as a means to prevent compassion fatigue and burnout, and to increase the resilience of individuals and organizations. We suggest trauma-informed practices help APW workers manage job-related stressors while also providing a more compassionate experience for animal guardians. Further, we propose that trauma-informed practices are a crucial component in facilitating respectful relationships with the communities that APW organizations serve.
University of Toronto Press Partners with C40 to Launch Journal of City Climate Policy and Economy
The Journal of City Climate Policy and Economy (JCCPE) is a new academic publication launched in a partnership between the University of Toronto Press and C40, a global network of city mayors collaborating to deliver climate action. Recently in Canada, Montreal Mayor Valérie Plante joined C40’s Steering Committee. Other Canadian C40 cities include Toronto, joined by Mayor John Tory in 2005, and Vancouver, joined by Mayor Kennedy Stewart in 2012. The new journal “seeks to empower mayors, policymakers and urban practitioners to implement progressive and equitable climate action.” The JCCPE “publishes timely, evidence-based research that contributes to the urban climate agenda and supports governmental policy towards an equitable and resilient world. The Journal serves as a platform for dynamic content that highlights ambitious, near-term climate action, with a particular focus on human-centered solutions to today’s most pressing climate challenges.” Read the C40 Press Release here, and see the JCCPE website here.
New Article Discusses Animal Law Enforcement in Calgary from the Perspective of Bylaw Officers
Dawn Rault, Cindy L. Adams, Jane Springett, & Melanie J. Rock, “Animal Protection, Law Enforcement, and Occupational Health: Qualitative Action Research Highlights the Urgency of Relational Coordination in a Medico-Legal Borderland” (2022) 12:10 Animals 1282.
Abstract: Across Canada and internationally, laws exist to protect animals and to stop them from becoming public nuisances and threats. The work of officers who enforce local bylaws protects both domestic animals and humans. Despite the importance of this work, research in this area is emergent, but growing. We conducted research with officers mandated to enforce legislation involving animals, with a focus on local bylaw enforcement in the province of Alberta, Canada, which includes the city of Calgary. Some experts regard Calgary as a “model city” for inter-agency collaboration. Based on partnerships with front-line officers, managers, and professional associations in a qualitative multiple-case study, this action-research project evolved towards advocacy for occupational health and safety. Participating officers spoke about the societal benefits of their work with pride, and they presented multiple examples to illustrate how local bylaw enforcement contributes to public safety and community wellbeing. Alarmingly, however, these officers consistently reported resource inadequacies, communication and information gaps, and a culture of normalized disrespect. These findings connect to the concept of “medico-legal borderlands,” which became central to this study. As this project unfolded, we seized upon opportunities to improve the officers’ working conditions, including the potential of relational coordination to promote the best practices.
International Updates
New Zealand Initiates International Dispute Over Canada’s Dairy Market
Both Canada and New Zealand are two of the original six signatories to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a trade agreement among various nations on the Pacific Rim that has been in effect since December 2018. In May 2022, under the CPTPP, New Zealand initiated dispute settlement proceedings against Canada regarding Canada’s implementation of dairy tariff-free rate quotas, which New Zealand is claiming is inconsistent with the commitments of the CPTPP. This marks the first dispute taken by a party of the CPTPP. Read more here.
New York Appellate Court Hears from Nonhuman Rights Project in Happy the Elephant Case
Happy is an Asian Elephant confined in the Bronx Zoo in New York since 1977. Since 2018, Happy has been represented by lawyers at the Nonhuman Rights Project (NhRP). The NhRP have litigated for her legal personhood and freedom through a petition for a writ of habeas corpus, a common-law prerogative that “brings the body” of an individual before a court to determine unlawful detention or imprisonment. The NhRP hopes that a court will recognize Happy’s legal personhood as a sentient, cognitively advanced, and emotive individual. Litigation has now reached the New York Court of Appeals. Within the NhRP’s legal materials to the Court is a legal brief (amicus curiae) submitted by Canadian animal law scholar Professor Maneesha Deckha, who holds the Lansdowne Chair in Law at the University of Victoria. The hearing lasted one day and a ruling is expected in six to eight weeks. View the NhRP press release and hearing video here, and read more here.
Other Updates
Government of Canada Releases Data from 2021 Agriculture Census
Statistics Canada (StatsCan) has released data on Canada’s 2021 Census of Agriculture. StatsCan reports “[d]ata from the Census of Agriculture indicate that trends identified in previous census cycles, such as industry consolidation and aging of farm operators, have continued in 2021.” The Census describes that 76,527 out of 189,874 (i.e. approximately forty percent) of farms in Canada were animal-type farms (as opposed to crop-type farms). The number of large farms increased, while small and mid-sized farms decreased. Ages of farmers increased, specifically, approximately sixty percent of farmers were fifty-five years-old and older. An analysis of Census data conducted by The Fur-Bearers revealed only ninety-seven fur farms remain active in Canada as of 2021, a decline from 233 in 2016, and 347 in 2011. Read the Census here.
Humane Canada Releases Report Measuring Indicators of Animal Welfare
A Legal Keystone Report published by Humane Canada measures Canada’s animal welfare laws using twelve indicators. Toolika Rastogi, Senior Manager of Policy and Research at Humane Canada, leads the ongoing project which hopes to describe what a “Humane Canada” would look like. The twelve indicators measure, among other things, recognition of animal sentience, law enforcement efforts, federal and provincial leadership, and training programs on animal welfare for prosecutors, judges, and police. Of the twelve indicators, only “[l]evel of participation of Crown prosecutors, judges and police staff in these training programs” received a status of “[g]ood and/or trending in the right direction.” The other eleven indicators were marked as needing more work, absent, or that there was not enough data to assess. The Report gives detailed explanations of Canada’s current status with each indicator and outlines areas of improvement. Read more here, and learn about Humane Canada’s Legal Keystone Report here.
The Canada Edition of the Animal Law Digest is published twice monthly in collaboration with the University of Toronto Faculty of Law.