Quebec Member of Parliament Manon Massé submitted a petition asking the provincial government to ban no-pet clauses in residential leases. The “Keeping Families Together” campaign run by the Montreal Society for the Prevention of Cruelty to Animals (SPCA) gained support from Massé in April 2022 (see Issue 13, Other Updates) and garnered 33,157 signatures on the petition presented to the National Assembly. The petition recognizes that no-pet clauses in residential leases disproportionately affect low-income persons and can force them to choose between their companion animals and affordable housing. The petition states “[w]e the undersigned, ask the Government of Québec to render all clauses prohibiting animals in residential leases null and without effect.” Read the petition here, watch MP Massé submit the petition here (submission beginning at 38:47) and read the transcript here.
Issue 19
This Week's Spotlights
Legislative Updates
Quebec Member of Parliament Submits Petition to End No-Pet Clauses in Residential Leases
Jane Goodall Act Receives Support from Elephant Experts and Canadian Musicians
As second reading consideration of the proposed Jane Goodall Act continues (see Issue 18 Spotlights, Legislative Updates), bill sponsor Senator Marty Klyne received a letter of support signed by twenty-four global elephant experts in the fields of elephant behaviour and psychology, veterinary medicine, animal welfare, academia, and animal care and management. The six-page letter of support details how elephants are not suited for captivity, as no captive facility can fulfill an elephant’s basic biological, social, spatial, cognitive, or intrinsic requirements. The experts “applaud [Senator Klyne] for introducing this important bill to improve protection for elephants, among other wild animal species.” Read the letter of support here. The proposed bill also received social media support from Canadian musicians Jann Arden, Sam Roberts Band, and Serena Ryder. See the bill’s progress here.
As second reading consideration of the proposed Jane Goodall Act continues (see Issue 18 Spotlights, Legislative Updates), bill sponsor Senator Marty Klyne received a letter of support signed by twenty-four global elephant experts in the fields of elephant behaviour and psychology, veterinary medicine, animal welfare, academia, and animal care and management. The six-page letter of support details how elephants are not suited for captivity, as no captive facility can fulfill an elephant’s basic biological, social, spatial, cognitive, or intrinsic requirements. The experts “applaud [Senator Klyne] for introducing this important bill to improve protection for elephants, among other wild animal species.” Read the letter of support here. The proposed bill also received social media support from Canadian musicians Jann Arden, Sam Roberts Band, and Serena Ryder. See the bill’s progress here.
Bill S-5 Addressing Animal Toxics Testing Passes Final Senate Reading
Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act passed third reading in the Senate with amendments following Committee consideration (see Issue 18 Spotlights, Legislative Updates). Amendments were accepted, including several seeking to restrict toxics testing on vertebrate animals, and mandate the government to develop a plan to reduce animal testing and move toward alternative, animal-free methods. This includes a provision that the government shall not generate data or conduct investigations using vertebrate animals only if it is not possible to obtain data using alternative methods, and a provision that the government will develop and implement methods to replace, reduce, or refine the use of vertebrate animals. With passage through the Senate, the next step for the Bill is an introduction to the House of Commons, where it will have to pass further consideration before becoming law. Read the progress of the Bill here, and read the amended text of the Bill here.
Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act passed third reading in the Senate with amendments following Committee consideration (see Issue 18 Spotlights, Legislative Updates). Amendments were accepted, including several seeking to restrict toxics testing on vertebrate animals, and mandate the government to develop a plan to reduce animal testing and move toward alternative, animal-free methods. This includes a provision that the government shall not generate data or conduct investigations using vertebrate animals only if it is not possible to obtain data using alternative methods, and a provision that the government will develop and implement methods to replace, reduce, or refine the use of vertebrate animals. With passage through the Senate, the next step for the Bill is an introduction to the House of Commons, where it will have to pass further consideration before becoming law. Read the progress of the Bill here, and read the amended text of the Bill here.
Member of Federal Parliament Presents a Petition to Remove Grandfather Clause in Bill S-203
Liberal Member of Parliament Leah Taylor Roy presented a petition seeking to have Kiska, an orca currently confined at Marineland in Niagara Falls, moved to a sanctuary. The petition with over 700 signatures was brought to MP Taylor Roy’s attention by the students of Forest Run Public School in Richmond Hill Ontario. MP Taylor Roy highlighted that in 2019, “the House passed Bill S-203 to end the captivity of whales, but Kiska was not released. Her misery was grandfathered in.” The Whale Sanctuary Project, which is constructing a sanctuary for whales and dolphins in Nova Scotia, was proposed as a suitable facility once they are ready to accept animals. Watch the petition presentation here (beginning at 16:48:30) or read the Hansard transcript here.
Liberal Member of Parliament Leah Taylor Roy presented a petition seeking to have Kiska, an orca currently confined at Marineland in Niagara Falls, moved to a sanctuary. The petition with over 700 signatures was brought to MP Taylor Roy’s attention by the students of Forest Run Public School in Richmond Hill Ontario. MP Taylor Roy highlighted that in 2019, “the House passed Bill S-203 to end the captivity of whales, but Kiska was not released. Her misery was grandfathered in.” The Whale Sanctuary Project, which is constructing a sanctuary for whales and dolphins in Nova Scotia, was proposed as a suitable facility once they are ready to accept animals. Watch the petition presentation here (beginning at 16:48:30) or read the Hansard transcript here.
Canadian Food Inspection Agency to Ban Dog Imports from 109 Countries
The Canadian Food Inspection Agency (CFIA) will ban the import of commercial dogs from 109 countries beginning 28 September 2022. In their Notice to Industry, the CFIA states that the ban applies to countries at high-risk for dog rabies (different from other strains of rabies). Although Canada has no current cases of dog rabies, in 2021 two dogs were imported with the disease, which can be fatal to dogs and humans without proper vaccination. The new policy considers dogs brought to Canada for adoption to be commercial dogs, and contains no exemptions for rescue, or dogs in humanitarian crises such as in Ukraine and Afghanistan. Animal Justice reports concern that the CFIA failed to consult with animal welfare agencies before making the decision which will impact international dog rescue organizations, and failed to consider alternative rabies prevention measures, such as vaccines, antibody tests, and quarantines. Read the CFIA’s Notice here and read more here.
The Canadian Food Inspection Agency (CFIA) will ban the import of commercial dogs from 109 countries beginning 28 September 2022. In their Notice to Industry, the CFIA states that the ban applies to countries at high-risk for dog rabies (different from other strains of rabies). Although Canada has no current cases of dog rabies, in 2021 two dogs were imported with the disease, which can be fatal to dogs and humans without proper vaccination. The new policy considers dogs brought to Canada for adoption to be commercial dogs, and contains no exemptions for rescue, or dogs in humanitarian crises such as in Ukraine and Afghanistan. Animal Justice reports concern that the CFIA failed to consult with animal welfare agencies before making the decision which will impact international dog rescue organizations, and failed to consider alternative rabies prevention measures, such as vaccines, antibody tests, and quarantines. Read the CFIA’s Notice here and read more here.
Litigation Updates
New Supreme Court Decision Clarifies Public Interest Standing
The Supreme Court of Canada (SCC) released its decision in British Columbia (AG) v Council of Canadians with Disabilities (see Issue 7 Spotlights, Litigation Updates). The decision clarified the test for public interest standing in Canada (AG) v Downtown Eastside Sex Workers United Against Violence. As animals cannot initiate lawsuits themselves, organizations often initiate legal proceedings on behalf of animals using public interest standing. The Court reiterated the discretionary nature of granting public interest standing, and clarified that the test is to be applied in a “liberal and generous manner.” The test requires a judge to weigh three factors: (i) whether the case raises a serious justiciable issue; (ii) whether the party bringing the action has a genuine interest in the matter; and (iii) whether the proposed suit is a reasonable and effective means of bringing the case to court. The decision clarified that an organization can be granted public interest standing if they can establish a concrete and well-developed factual setting for the claim that satisfies the Downtown Eastside test. Animal Justice, which intervened in the case, applauded the decision. Read the SCC decision here, and read Animal Justice’s blog post here.
The Supreme Court of Canada (SCC) released its decision in British Columbia (AG) v Council of Canadians with Disabilities (see Issue 7 Spotlights, Litigation Updates). The decision clarified the test for public interest standing in Canada (AG) v Downtown Eastside Sex Workers United Against Violence. As animals cannot initiate lawsuits themselves, organizations often initiate legal proceedings on behalf of animals using public interest standing. The Court reiterated the discretionary nature of granting public interest standing, and clarified that the test is to be applied in a “liberal and generous manner.” The test requires a judge to weigh three factors: (i) whether the case raises a serious justiciable issue; (ii) whether the party bringing the action has a genuine interest in the matter; and (iii) whether the proposed suit is a reasonable and effective means of bringing the case to court. The decision clarified that an organization can be granted public interest standing if they can establish a concrete and well-developed factual setting for the claim that satisfies the Downtown Eastside test. Animal Justice, which intervened in the case, applauded the decision. Read the SCC decision here, and read Animal Justice’s blog post here.
Criminal Trial Begins for #Excelsior4 Activists
For their roles in activism at Excelsior Hog Farm in 2019, Amy Soranno, Nick Schafer, and Roy Sasano face a combined fourteen indictable charges of break and enter and criminal mischief (see Issue 12, Litigation Updates). Jury selection was completed on June 25th and the four-week trial began on June 27th. Although a publication ban prevents comprehensive reporting on the case, Amy Soranno shared an Instagram post criticizing the first week of proceedings, including the disappearance of video evidence, improper warrants obtained by police, the judge ruling that the treatment of the pigs at the farm is irrelevant, and failure of the Crown to disclose video evidence. See #Excelsior4 updates here, and read more here.
For their roles in activism at Excelsior Hog Farm in 2019, Amy Soranno, Nick Schafer, and Roy Sasano face a combined fourteen indictable charges of break and enter and criminal mischief (see Issue 12, Litigation Updates). Jury selection was completed on June 25th and the four-week trial began on June 27th. Although a publication ban prevents comprehensive reporting on the case, Amy Soranno shared an Instagram post criticizing the first week of proceedings, including the disappearance of video evidence, improper warrants obtained by police, the judge ruling that the treatment of the pigs at the farm is irrelevant, and failure of the Crown to disclose video evidence. See #Excelsior4 updates here, and read more here.
Family of Late Activist Regan Russell Files Lawsuit Against Truck Driver and Sofina Foods
Mark Powell, husband of late Save Movement activist Regan Russell, filed a five million dollar lawsuit against truck driver Andrew Blake, Brussels Transport, and Sofina Foods. Regan Russell was killed while protesting outside Fearmans Pork slaughterhouse (owned by Sofina Foods) in June 2020 (see Issue 3, Spotlights, Litigation Updates). Blake, the driver of the truck that struck Russell, was charged with provincial traffic charges and will next appear in court on July 26th, 2022, although his trial date has not yet been set. Powell’s lawsuit claims that negligence of the three parties led to Russell’s death. Read more here.
Mark Powell, husband of late Save Movement activist Regan Russell, filed a five million dollar lawsuit against truck driver Andrew Blake, Brussels Transport, and Sofina Foods. Regan Russell was killed while protesting outside Fearmans Pork slaughterhouse (owned by Sofina Foods) in June 2020 (see Issue 3, Spotlights, Litigation Updates). Blake, the driver of the truck that struck Russell, was charged with provincial traffic charges and will next appear in court on July 26th, 2022, although his trial date has not yet been set. Powell’s lawsuit claims that negligence of the three parties led to Russell’s death. Read more here.
Enforcement Updates
Parks Canada and RCMP Increasing Enforcement After Grizzly Bears Fatally Struck
In the first three weeks of June, three grizzly bears have been killed on the roads in Yoho and Jasper National Parks. A five-year-old female grizzly, who was the sibling of a rare white grizzly bear, was killed on the Trans-Canada Highway in Yoho National Park on June 7th. The death led to the implementation of a no-stopping zone and reduced speed limit of seventy kilometers per hour. On June 11th, a male grizzly bear was fatally struck on the Trans-Canada Highway in Yoho National Park, leading to a further drop of the speed limit to fifty kilometers per hour. Parks Canada and the Royal Canadian Mounted Police (RCMP) have increased enforcement in this area; specifically, they have issued 116 speeding tickets and four tickets for violation of the no-stopping zone. The RCMP have seized five vehicles to date along this highway for going more than forty kilometers per hour over the posted speed limit. On June 16, a female grizzly bear was fatally struck by a commercial transport truck on Highway 16 in Jasper National Park, leaving behind an orphaned cub. Experts state that obeying the speed limit is important for both the prevention of wildlife mortality, as well as for the protection of travelers and Parks Canada staff who are working roadside. Read more here.
In the first three weeks of June, three grizzly bears have been killed on the roads in Yoho and Jasper National Parks. A five-year-old female grizzly, who was the sibling of a rare white grizzly bear, was killed on the Trans-Canada Highway in Yoho National Park on June 7th. The death led to the implementation of a no-stopping zone and reduced speed limit of seventy kilometers per hour. On June 11th, a male grizzly bear was fatally struck on the Trans-Canada Highway in Yoho National Park, leading to a further drop of the speed limit to fifty kilometers per hour. Parks Canada and the Royal Canadian Mounted Police (RCMP) have increased enforcement in this area; specifically, they have issued 116 speeding tickets and four tickets for violation of the no-stopping zone. The RCMP have seized five vehicles to date along this highway for going more than forty kilometers per hour over the posted speed limit. On June 16, a female grizzly bear was fatally struck by a commercial transport truck on Highway 16 in Jasper National Park, leaving behind an orphaned cub. Experts state that obeying the speed limit is important for both the prevention of wildlife mortality, as well as for the protection of travelers and Parks Canada staff who are working roadside. Read more here.
Academic Updates
SLATE Article Discusses Happy the Elephant’s Legal Case and Consequences for the Future of Animal Rights Law
Justin Marceau & Angela Fernandez, “What Happy the Elephant’s Legal Case Tells Us About the Future of Animal Rights” Slate (17 June 2022).
Summary: Happy the elephant made history on Tuesday. By arguing for her release from the Bronx Zoo, she became the first animal to have a case for animal rights decided by a court of last resort in North America. New York’s highest court, the New York Court of Appeals, unequivocally recognized that “elephants are intelligent beings deserving of proper care and compassion” and noted that under existing law “they are not the equivalent of ‘things’ or ‘objects.’” Ultimately, Happy lost her case by a 5-2 vote. On the most basic level, this means that Happy will not be released from the zoo to live out her life in a sanctuary. But beyond the straightforward consequences, and the majority’s attempt at explaining “the relative simplicity of the legal issue,” the reasoning offered in Happy’s case highlights a few key, but less obvious, lessons for the future of animal rights law. Read the article here.
Justin Marceau & Angela Fernandez, “What Happy the Elephant’s Legal Case Tells Us About the Future of Animal Rights” Slate (17 June 2022).
Summary: Happy the elephant made history on Tuesday. By arguing for her release from the Bronx Zoo, she became the first animal to have a case for animal rights decided by a court of last resort in North America. New York’s highest court, the New York Court of Appeals, unequivocally recognized that “elephants are intelligent beings deserving of proper care and compassion” and noted that under existing law “they are not the equivalent of ‘things’ or ‘objects.’” Ultimately, Happy lost her case by a 5-2 vote. On the most basic level, this means that Happy will not be released from the zoo to live out her life in a sanctuary. But beyond the straightforward consequences, and the majority’s attempt at explaining “the relative simplicity of the legal issue,” the reasoning offered in Happy’s case highlights a few key, but less obvious, lessons for the future of animal rights law. Read the article here.
International Updates
New Zealand Releases Plan to Tax Greenhouse Gasses in Animal Agriculture
New Zealand released a draft plan to tax agricultural greenhouse gas emissions, namely methane, from farmed animal belching. Although emissions from agriculture were previously exempt from the country’s emissions trading scheme, farmers may be taxed for emissions beginning in 2025. A final decision is expected by December 2022. Read more here and here.
New Zealand released a draft plan to tax agricultural greenhouse gas emissions, namely methane, from farmed animal belching. Although emissions from agriculture were previously exempt from the country’s emissions trading scheme, farmers may be taxed for emissions beginning in 2025. A final decision is expected by December 2022. Read more here and here.
Legislative Updates
Quebec Member of Parliament Submits Petition to End No-Pet Clauses in Residential Leases
Quebec Member of Parliament Manon Massé submitted a petition asking the provincial government to ban no-pet clauses in residential leases. The “Keeping Families Together” campaign run by the Montreal Society for the Prevention of Cruelty to Animals (SPCA) gained support from Massé in April 2022 (see Issue 13, Other Updates) and garnered 33,157 signatures on the petition presented to the National Assembly. The petition recognizes that no-pet clauses in residential leases disproportionately affect low-income persons and can force them to choose between their companion animals and affordable housing. The petition states “[w]e the undersigned, ask the Government of Québec to render all clauses prohibiting animals in residential leases null and without effect.” Read the petition here, watch MP Massé submit the petition here (submission beginning at 38:47) and read the transcript here.
Quebec Member of Parliament Manon Massé submitted a petition asking the provincial government to ban no-pet clauses in residential leases. The “Keeping Families Together” campaign run by the Montreal Society for the Prevention of Cruelty to Animals (SPCA) gained support from Massé in April 2022 (see Issue 13, Other Updates) and garnered 33,157 signatures on the petition presented to the National Assembly. The petition recognizes that no-pet clauses in residential leases disproportionately affect low-income persons and can force them to choose between their companion animals and affordable housing. The petition states “[w]e the undersigned, ask the Government of Québec to render all clauses prohibiting animals in residential leases null and without effect.” Read the petition here, watch MP Massé submit the petition here (submission beginning at 38:47) and read the transcript here.
Jane Goodall Act Receives Support from Elephant Experts and Canadian Musicians
As second reading consideration of the proposed Jane Goodall Act continues (see Issue 18 Spotlights, Legislative Updates), bill sponsor Senator Marty Klyne received a letter of support signed by twenty-four global elephant experts in the fields of elephant behaviour and psychology, veterinary medicine, animal welfare, academia, and animal care and management. The six-page letter of support details how elephants are not suited for captivity, as no captive facility can fulfill an elephant’s basic biological, social, spatial, cognitive, or intrinsic requirements. The experts “applaud [Senator Klyne] for introducing this important bill to improve protection for elephants, among other wild animal species.” Read the letter of support here. The proposed bill also received social media support from Canadian musicians Jann Arden, Sam Roberts Band, and Serena Ryder. See the bill’s progress here.
As second reading consideration of the proposed Jane Goodall Act continues (see Issue 18 Spotlights, Legislative Updates), bill sponsor Senator Marty Klyne received a letter of support signed by twenty-four global elephant experts in the fields of elephant behaviour and psychology, veterinary medicine, animal welfare, academia, and animal care and management. The six-page letter of support details how elephants are not suited for captivity, as no captive facility can fulfill an elephant’s basic biological, social, spatial, cognitive, or intrinsic requirements. The experts “applaud [Senator Klyne] for introducing this important bill to improve protection for elephants, among other wild animal species.” Read the letter of support here. The proposed bill also received social media support from Canadian musicians Jann Arden, Sam Roberts Band, and Serena Ryder. See the bill’s progress here.
House Committee Includes Companion Animals in Report on the Status of Women
A new report from the Standing Committee on the Status of Women titled “Towards a Violence Free Canada: Addressing and Eliminating Intimate Partner and Family Violence” recognizes the link between violence toward animals and intimate partner violence. The report includes a list of twenty-eight recommendations for the federal government to consider to prevent intimate partner and family violence. Recommendation number eleven states “[t]hat the Government of Canada review programs dedicated to providing care for the pets of survivors of intimate partner violence, to: ensure education for all stakeholders like police services and shelters to ensure they have the information they need to refer women to services that can foster their pets when they leave an abusive relationship; and explore funding for the care of companion pets and shelter of survivors of abuse when they leave an abusive relationship.” In drafting the report, the Committee heard from Animal and Interpersonal Abuse Research Group, Humane Canada, Link Toronto, SafePet Ontario, and Violence Link Consulting. Read the report here.
A new report from the Standing Committee on the Status of Women titled “Towards a Violence Free Canada: Addressing and Eliminating Intimate Partner and Family Violence” recognizes the link between violence toward animals and intimate partner violence. The report includes a list of twenty-eight recommendations for the federal government to consider to prevent intimate partner and family violence. Recommendation number eleven states “[t]hat the Government of Canada review programs dedicated to providing care for the pets of survivors of intimate partner violence, to: ensure education for all stakeholders like police services and shelters to ensure they have the information they need to refer women to services that can foster their pets when they leave an abusive relationship; and explore funding for the care of companion pets and shelter of survivors of abuse when they leave an abusive relationship.” In drafting the report, the Committee heard from Animal and Interpersonal Abuse Research Group, Humane Canada, Link Toronto, SafePet Ontario, and Violence Link Consulting. Read the report here.
Manitoba Government Gives $750,000 to Veterinary Outreach Program
Winnipeg Humane Society (WHS) to provide care for animals in remote and Indigenous communities. The One Health program was developed in the spirit of the Truth and Reconciliation Call to Action 19 (Health) to “close the gaps in health outcomes between Indigenous and non-Indigenous communities.” As people in urban areas often have access to veterinary care, the program will focus on bolstering access to veterinary care for those who live in remote locations and for Indigenous communities. The program’s goals are based on a community-engaged reconciliation framework, acknowledging the relationship between human, animal, and environmental health. The program is being developed by Manitoba’s Office of the Chief Veterinarian, WHS, Manitoba Veterinary Medical Association and others. Read WHS’s announcement here, and read more here.
Winnipeg Humane Society (WHS) to provide care for animals in remote and Indigenous communities. The One Health program was developed in the spirit of the Truth and Reconciliation Call to Action 19 (Health) to “close the gaps in health outcomes between Indigenous and non-Indigenous communities.” As people in urban areas often have access to veterinary care, the program will focus on bolstering access to veterinary care for those who live in remote locations and for Indigenous communities. The program’s goals are based on a community-engaged reconciliation framework, acknowledging the relationship between human, animal, and environmental health. The program is being developed by Manitoba’s Office of the Chief Veterinarian, WHS, Manitoba Veterinary Medical Association and others. Read WHS’s announcement here, and read more here.
Bill S-5 Addressing Animal Toxics Testing Passes Final Senate Reading
Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act passed third reading in the Senate with amendments following Committee consideration (see Issue 18 Spotlights, Legislative Updates). Amendments were accepted, including several seeking to restrict toxics testing on vertebrate animals, and mandate the government to develop a plan to reduce animal testing and move toward alternative, animal-free methods. This includes a provision that the government shall not generate data or conduct investigations using vertebrate animals only if it is not possible to obtain data using alternative methods, and a provision that the government will develop and implement methods to replace, reduce, or refine the use of vertebrate animals. With passage through the Senate, the next step for the Bill is an introduction to the House of Commons, where it will have to pass further consideration before becoming law. Read the progress of the Bill here, and read the amended text of the Bill here.
Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act passed third reading in the Senate with amendments following Committee consideration (see Issue 18 Spotlights, Legislative Updates). Amendments were accepted, including several seeking to restrict toxics testing on vertebrate animals, and mandate the government to develop a plan to reduce animal testing and move toward alternative, animal-free methods. This includes a provision that the government shall not generate data or conduct investigations using vertebrate animals only if it is not possible to obtain data using alternative methods, and a provision that the government will develop and implement methods to replace, reduce, or refine the use of vertebrate animals. With passage through the Senate, the next step for the Bill is an introduction to the House of Commons, where it will have to pass further consideration before becoming law. Read the progress of the Bill here, and read the amended text of the Bill here.
Member of Federal Parliament Presents a Petition to Remove Grandfather Clause in Bill S-203
Liberal Member of Parliament Leah Taylor Roy presented a petition seeking to have Kiska, an orca currently confined at Marineland in Niagara Falls, moved to a sanctuary. The petition with over 700 signatures was brought to MP Taylor Roy’s attention by the students of Forest Run Public School in Richmond Hill Ontario. MP Taylor Roy highlighted that in 2019, “the House passed Bill S-203 to end the captivity of whales, but Kiska was not released. Her misery was grandfathered in.” The Whale Sanctuary Project, which is constructing a sanctuary for whales and dolphins in Nova Scotia, was proposed as a suitable facility once they are ready to accept animals. Watch the petition presentation here (beginning at 16:48:30) or read the Hansard transcript here.
Liberal Member of Parliament Leah Taylor Roy presented a petition seeking to have Kiska, an orca currently confined at Marineland in Niagara Falls, moved to a sanctuary. The petition with over 700 signatures was brought to MP Taylor Roy’s attention by the students of Forest Run Public School in Richmond Hill Ontario. MP Taylor Roy highlighted that in 2019, “the House passed Bill S-203 to end the captivity of whales, but Kiska was not released. Her misery was grandfathered in.” The Whale Sanctuary Project, which is constructing a sanctuary for whales and dolphins in Nova Scotia, was proposed as a suitable facility once they are ready to accept animals. Watch the petition presentation here (beginning at 16:48:30) or read the Hansard transcript here.
Bill Seeking Regulatory Modernization Passes First Reading in House
Bill S-6: An Act Respecting Regulatory Modernization, which already passed through the Senate, has now passed first reading in the House of Commons. The omnibus bill seeks to modernize many statutes, including several statues related to animal law regulations. If passed, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act would be amended to simplify the process for specifying which animals and plants are listed as endangered “fauna” and “flora.” The Health of Animals Act would be amended to give additional powers to the Minister of Agriculture and Agri-Food. The Species at Risk Act would be amended to remove species deemed not a “wildlife species” or a “species at risk” by the Committee on the Status of Endangered Wildlife in Canada. The Agricultural Products Marketing Act would be amended changing the administrative bodies responsible for various powers. The Coastal Fisheries Protection Act would be amended to create an offence for contravening a term or condition of a licence. See the progress of the bill here, and read the text of the bill here.
Bill S-6: An Act Respecting Regulatory Modernization, which already passed through the Senate, has now passed first reading in the House of Commons. The omnibus bill seeks to modernize many statutes, including several statues related to animal law regulations. If passed, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act would be amended to simplify the process for specifying which animals and plants are listed as endangered “fauna” and “flora.” The Health of Animals Act would be amended to give additional powers to the Minister of Agriculture and Agri-Food. The Species at Risk Act would be amended to remove species deemed not a “wildlife species” or a “species at risk” by the Committee on the Status of Endangered Wildlife in Canada. The Agricultural Products Marketing Act would be amended changing the administrative bodies responsible for various powers. The Coastal Fisheries Protection Act would be amended to create an offence for contravening a term or condition of a licence. See the progress of the bill here, and read the text of the bill here.
Canadian Food Inspection Agency to Ban Dog Imports from 109 Countries
The Canadian Food Inspection Agency (CFIA) will ban the import of commercial dogs from 109 countries beginning 28 September 2022. In their Notice to Industry, the CFIA states that the ban applies to countries at high-risk for dog rabies (different from other strains of rabies). Although Canada has no current cases of dog rabies, in 2021 two dogs were imported with the disease, which can be fatal to dogs and humans without proper vaccination. The new policy considers dogs brought to Canada for adoption to be commercial dogs, and contains no exemptions for rescue, or dogs in humanitarian crises such as in Ukraine and Afghanistan. Animal Justice reports concern that the CFIA failed to consult with animal welfare agencies before making the decision which will impact international dog rescue organizations, and failed to consider alternative rabies prevention measures, such as vaccines, antibody tests, and quarantines. Read the CFIA’s Notice here and read more here.
The Canadian Food Inspection Agency (CFIA) will ban the import of commercial dogs from 109 countries beginning 28 September 2022. In their Notice to Industry, the CFIA states that the ban applies to countries at high-risk for dog rabies (different from other strains of rabies). Although Canada has no current cases of dog rabies, in 2021 two dogs were imported with the disease, which can be fatal to dogs and humans without proper vaccination. The new policy considers dogs brought to Canada for adoption to be commercial dogs, and contains no exemptions for rescue, or dogs in humanitarian crises such as in Ukraine and Afghanistan. Animal Justice reports concern that the CFIA failed to consult with animal welfare agencies before making the decision which will impact international dog rescue organizations, and failed to consider alternative rabies prevention measures, such as vaccines, antibody tests, and quarantines. Read the CFIA’s Notice here and read more here.
Health Canada Proposes Nutrition Label Changes
Health Canada proposed new nutrition labeling changes which include mandatory front-of-package indicators for pre-packaged foods high in sodium, sugar, and saturated fat. The foods that will require such labeling vary for prepared foods with ten-to-thirty percent or more of the daily value of sodium, sugar, or saturated fat. There are three exemptions for the new labeling regulation: (i) health-related exemptions for some foods, including vegetables, two percent and whole milk, eggs, and food with healthy fat profiles; (ii) technical exemptions for foods that do not require a Nutrition Facts table, such as single ingredient products; and (iii) practical exemptions for products where the label would be redundant, such as packaged sugar, salt, butter, etc. Although the changes initially proposed would have required a warning label for ground animal meats (e.g. beef and pork), Health Canada reversed its position to exempt ground animal meats after industry pushback. The new regulations will come into effect on July 20th 2022, but industries have until January 2026 to make the required changes. Read the changes here, and read more here.
Health Canada proposed new nutrition labeling changes which include mandatory front-of-package indicators for pre-packaged foods high in sodium, sugar, and saturated fat. The foods that will require such labeling vary for prepared foods with ten-to-thirty percent or more of the daily value of sodium, sugar, or saturated fat. There are three exemptions for the new labeling regulation: (i) health-related exemptions for some foods, including vegetables, two percent and whole milk, eggs, and food with healthy fat profiles; (ii) technical exemptions for foods that do not require a Nutrition Facts table, such as single ingredient products; and (iii) practical exemptions for products where the label would be redundant, such as packaged sugar, salt, butter, etc. Although the changes initially proposed would have required a warning label for ground animal meats (e.g. beef and pork), Health Canada reversed its position to exempt ground animal meats after industry pushback. The new regulations will come into effect on July 20th 2022, but industries have until January 2026 to make the required changes. Read the changes here, and read more here.
Litigation Updates
City of Longueil in Quebec Suspends Deer Cull Pending Legal Challenge
The City of Longueuil suspended a deer cull planned for fall 2022 pending resolution of a lawsuit filed by Sauvetage Animal Rescue (see Issue 17, Litigation Updates). Louis-Pascal Cyr, a spokesperson for the City, stated that the City will not proceed with the capture and euthanasia of approximately seventy deer until the court makes a decision on the lawsuit. The lawsuit claims the City’s culling plans are “unnecessary and cruel slaughter.” Read more here.
The City of Longueuil suspended a deer cull planned for fall 2022 pending resolution of a lawsuit filed by Sauvetage Animal Rescue (see Issue 17, Litigation Updates). Louis-Pascal Cyr, a spokesperson for the City, stated that the City will not proceed with the capture and euthanasia of approximately seventy deer until the court makes a decision on the lawsuit. The lawsuit claims the City’s culling plans are “unnecessary and cruel slaughter.” Read more here.
Ontario Animal Care Review Board Denies Farmer’s Request to Vary Consent Order
In Ray v Chief Animal Welfare Inspector, Associate Chair Stephanie Zwicker Slavens denied the appellant Walter Ray’s motion to amend a Consent Order. The request stems from an investigation which led to the seizure of 101 cows from Ray’s property in December 2021 (see Issue 5, Enforcement Updates). The Consent Order, which was an agreement by both parties and accepted by the court, included an item stating that proceeds from the sale of any of the 101 cows would be held by the Chief Animal Welfare Inspector. Ray sought for the proceeds of sale instead to be held by a Mr. DeNure of Hoards Station Livestock Exchange. As the respondent Chief Animal Welfare Inspector did not agree to any variation in the Consent Order, it was not in the Board’s power to vary the Consent Order. Read the decision here.
In Ray v Chief Animal Welfare Inspector, Associate Chair Stephanie Zwicker Slavens denied the appellant Walter Ray’s motion to amend a Consent Order. The request stems from an investigation which led to the seizure of 101 cows from Ray’s property in December 2021 (see Issue 5, Enforcement Updates). The Consent Order, which was an agreement by both parties and accepted by the court, included an item stating that proceeds from the sale of any of the 101 cows would be held by the Chief Animal Welfare Inspector. Ray sought for the proceeds of sale instead to be held by a Mr. DeNure of Hoards Station Livestock Exchange. As the respondent Chief Animal Welfare Inspector did not agree to any variation in the Consent Order, it was not in the Board’s power to vary the Consent Order. Read the decision here.
New Supreme Court Decision Clarifies Public Interest Standing
The Supreme Court of Canada (SCC) released its decision in British Columbia (AG) v Council of Canadians with Disabilities (see Issue 7 Spotlights, Litigation Updates). The decision clarified the test for public interest standing in Canada (AG) v Downtown Eastside Sex Workers United Against Violence. As animals cannot initiate lawsuits themselves, organizations often initiate legal proceedings on behalf of animals using public interest standing. The Court reiterated the discretionary nature of granting public interest standing, and clarified that the test is to be applied in a “liberal and generous manner.” The test requires a judge to weigh three factors: (i) whether the case raises a serious justiciable issue; (ii) whether the party bringing the action has a genuine interest in the matter; and (iii) whether the proposed suit is a reasonable and effective means of bringing the case to court. The decision clarified that an organization can be granted public interest standing if they can establish a concrete and well-developed factual setting for the claim that satisfies the Downtown Eastside test. Animal Justice, which intervened in the case, applauded the decision. Read the SCC decision here, and read Animal Justice’s blog post here.
The Supreme Court of Canada (SCC) released its decision in British Columbia (AG) v Council of Canadians with Disabilities (see Issue 7 Spotlights, Litigation Updates). The decision clarified the test for public interest standing in Canada (AG) v Downtown Eastside Sex Workers United Against Violence. As animals cannot initiate lawsuits themselves, organizations often initiate legal proceedings on behalf of animals using public interest standing. The Court reiterated the discretionary nature of granting public interest standing, and clarified that the test is to be applied in a “liberal and generous manner.” The test requires a judge to weigh three factors: (i) whether the case raises a serious justiciable issue; (ii) whether the party bringing the action has a genuine interest in the matter; and (iii) whether the proposed suit is a reasonable and effective means of bringing the case to court. The decision clarified that an organization can be granted public interest standing if they can establish a concrete and well-developed factual setting for the claim that satisfies the Downtown Eastside test. Animal Justice, which intervened in the case, applauded the decision. Read the SCC decision here, and read Animal Justice’s blog post here.
British Columbia Court Denies Refund for Veterinary Services
In Mason v City of Coquitlam, the Civil Resolution Tribunal (CRT) denied Hazel Mason a refund for $384.05. Hazel Mason lost her elderly cat named Zuki, who was found by a member of the public and delivered to the Coquitlam animal shelter. After a few hours of Zuki being lost, Mason called the shelter and was told that Zuki was receiving veterinary care. The next morning, the shelter required Mason to pay the $384.05 bill before Zuki could be released, which she did. Mason sought reimbursement, claiming that the veterinary care was not necessary. The Tribunal found that the shelter’s actions were in accordance with the relevant laws, but did order the City to pay Mason $76.46 ($62.50 in CRT fees, $13.91 for veterinary expense overcharge, and $0.05 in pre-judgment interest). Read the judgment here.
In Mason v City of Coquitlam, the Civil Resolution Tribunal (CRT) denied Hazel Mason a refund for $384.05. Hazel Mason lost her elderly cat named Zuki, who was found by a member of the public and delivered to the Coquitlam animal shelter. After a few hours of Zuki being lost, Mason called the shelter and was told that Zuki was receiving veterinary care. The next morning, the shelter required Mason to pay the $384.05 bill before Zuki could be released, which she did. Mason sought reimbursement, claiming that the veterinary care was not necessary. The Tribunal found that the shelter’s actions were in accordance with the relevant laws, but did order the City to pay Mason $76.46 ($62.50 in CRT fees, $13.91 for veterinary expense overcharge, and $0.05 in pre-judgment interest). Read the judgment here.
Criminal Trial Begins for #Excelsior4 Activists
For their roles in activism at Excelsior Hog Farm in 2019, Amy Soranno, Nick Schafer, and Roy Sasano face a combined fourteen indictable charges of break and enter and criminal mischief (see Issue 12, Litigation Updates). Jury selection was completed on June 25th and the four-week trial began on June 27th. Although a publication ban prevents comprehensive reporting on the case, Amy Soranno shared an Instagram post criticizing the first week of proceedings, including the disappearance of video evidence, improper warrants obtained by police, the judge ruling that the treatment of the pigs at the farm is irrelevant, and failure of the Crown to disclose video evidence. See #Excelsior4 updates here, and read more here.
For their roles in activism at Excelsior Hog Farm in 2019, Amy Soranno, Nick Schafer, and Roy Sasano face a combined fourteen indictable charges of break and enter and criminal mischief (see Issue 12, Litigation Updates). Jury selection was completed on June 25th and the four-week trial began on June 27th. Although a publication ban prevents comprehensive reporting on the case, Amy Soranno shared an Instagram post criticizing the first week of proceedings, including the disappearance of video evidence, improper warrants obtained by police, the judge ruling that the treatment of the pigs at the farm is irrelevant, and failure of the Crown to disclose video evidence. See #Excelsior4 updates here, and read more here.
Family of Late Activist Regan Russell Files Lawsuit Against Truck Driver and Sofina Foods
Mark Powell, husband of late Save Movement activist Regan Russell, filed a five million dollar lawsuit against truck driver Andrew Blake, Brussels Transport, and Sofina Foods. Regan Russell was killed while protesting outside Fearmans Pork slaughterhouse (owned by Sofina Foods) in June 2020 (see Issue 3, Spotlights, Litigation Updates). Blake, the driver of the truck that struck Russell, was charged with provincial traffic charges and will next appear in court on July 26th, 2022, although his trial date has not yet been set. Powell’s lawsuit claims that negligence of the three parties led to Russell’s death. Read more here.
Mark Powell, husband of late Save Movement activist Regan Russell, filed a five million dollar lawsuit against truck driver Andrew Blake, Brussels Transport, and Sofina Foods. Regan Russell was killed while protesting outside Fearmans Pork slaughterhouse (owned by Sofina Foods) in June 2020 (see Issue 3, Spotlights, Litigation Updates). Blake, the driver of the truck that struck Russell, was charged with provincial traffic charges and will next appear in court on July 26th, 2022, although his trial date has not yet been set. Powell’s lawsuit claims that negligence of the three parties led to Russell’s death. Read more here.
Abuser of Five Kittens Sentenced to Twelve Months Custody and Lifetime Ownership Ban
Judge Stirling of the Provincial Court of Alberta sentenced Cole Ehbrecht to twelve months custody, three years probation, and a lifetime animal ownership ban. Ehbrecht pleaded guilty to five counts of criminal animal cruelty charges after his social worker reported potential animal abuse to the Calgary Humane Society. An investigation determined that Ehbrecht had physically abused five kittens in December 2017 and November 2018, two of which were so severely injured they had to be euthanized. After considering precedent, the gravity of the offence, moral blameworthiness, and the aggravating and mitigating factors, Judge Stirling determined that the sentencing principles of denunciation and deterrence would be achieved by a twelve month jail term, three years probation, and a lifetime ban on owning or having care and control of animals or birds. Read the judgment here.
Judge Stirling of the Provincial Court of Alberta sentenced Cole Ehbrecht to twelve months custody, three years probation, and a lifetime animal ownership ban. Ehbrecht pleaded guilty to five counts of criminal animal cruelty charges after his social worker reported potential animal abuse to the Calgary Humane Society. An investigation determined that Ehbrecht had physically abused five kittens in December 2017 and November 2018, two of which were so severely injured they had to be euthanized. After considering precedent, the gravity of the offence, moral blameworthiness, and the aggravating and mitigating factors, Judge Stirling determined that the sentencing principles of denunciation and deterrence would be achieved by a twelve month jail term, three years probation, and a lifetime ban on owning or having care and control of animals or birds. Read the judgment here.
Enforcement Updates
Over $1600 of Fines Issued under Ottawa Bylaw Following Dog Attack
Over $1600 in fines have been issued by city officials to the owner of a pit bull that bit two men outside a Vanier community centre after a senior dance event. The attacked men were sent to the hospital for bite wounds and scratches on their arms and legs. The City of Ottawa By-Law and Regulatory Service officers appeared on the scene and gave an order to muzzle the dog. The officers charged the owner under the city’s Animal Care and Control By-law and issued $1605 in fines for failing to ensure a dog does not bite or attack a person without provocation, failing to keep a dog on a leash, and failing to register a dog. It remains unclear whether the dog’s owner will face charges under the provincial Dog Owner’s Liability Act. This legislation, much of which is directed towards the seizure of pit bull dogs, allows up to $10,000 in fines, six months imprisonment, and an order to compensate or pay restitution to the victim (see s. 18). An investigation into the incident is ongoing. Read more here and here.
Over $1600 in fines have been issued by city officials to the owner of a pit bull that bit two men outside a Vanier community centre after a senior dance event. The attacked men were sent to the hospital for bite wounds and scratches on their arms and legs. The City of Ottawa By-Law and Regulatory Service officers appeared on the scene and gave an order to muzzle the dog. The officers charged the owner under the city’s Animal Care and Control By-law and issued $1605 in fines for failing to ensure a dog does not bite or attack a person without provocation, failing to keep a dog on a leash, and failing to register a dog. It remains unclear whether the dog’s owner will face charges under the provincial Dog Owner’s Liability Act. This legislation, much of which is directed towards the seizure of pit bull dogs, allows up to $10,000 in fines, six months imprisonment, and an order to compensate or pay restitution to the victim (see s. 18). An investigation into the incident is ongoing. Read more here and here.
Investigation After 130 Cats Found Dead in Northern British Columbia
The British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) is investigating this year’s “largest animal seizure” after 130 dead cats were found in freezers at a trailer in Vanderhoof BC. Investigators executed a warrant at another trailer owned by the same person in Fort St. James and seized 120 live cats and three small dogs from the “filthy and unsafe” trailer. The owner was not present for the investigation and seizure. As the investigation is ongoing, BC SPCA representatives have not yet recommended charges. Read more here.
The British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) is investigating this year’s “largest animal seizure” after 130 dead cats were found in freezers at a trailer in Vanderhoof BC. Investigators executed a warrant at another trailer owned by the same person in Fort St. James and seized 120 live cats and three small dogs from the “filthy and unsafe” trailer. The owner was not present for the investigation and seizure. As the investigation is ongoing, BC SPCA representatives have not yet recommended charges. Read more here.
Nearly 100 Cats Seized in Calgary Alberta
Calgary Humane Society (CHS) seized ninety-seven cats and six birds from a house with “deplorable” conditions. This was one of the largest seizures in CHS history. Director of Operations and Enforcement Brad Nichols acknowledged the hoarding situation, and stated that the diseased and feral nature of the cat population may lead to many of the cats needing to be euthanized. No charges have been laid yet, but the investigation may lead to provincial or criminal charges. Read more here.
Calgary Humane Society (CHS) seized ninety-seven cats and six birds from a house with “deplorable” conditions. This was one of the largest seizures in CHS history. Director of Operations and Enforcement Brad Nichols acknowledged the hoarding situation, and stated that the diseased and feral nature of the cat population may lead to many of the cats needing to be euthanized. No charges have been laid yet, but the investigation may lead to provincial or criminal charges. Read more here.
Saskatoon SPCA to be Replaced by New Enforcement Agency on July 1st
After the denial of a funding request last fall by the Ministry of Agriculture, the Saskatoon Society for the Prevention of Cruelty to Animals (SPCA) announced the discontinuation of its service in January, beginning April 1st (see Issue 8, Spotlights, Enforcement Updates). Starting on July 1st, the Animal Protection Services of Saskatchewan (APSS), will take over animal welfare enforcement in Saskatoon. The City of Saskatoon has stated that during the transition period the Ministry has maintained enforcement services by using contracted personnel. The APSS will receive provincial funding for service expansion. APSS Executive Director Don Ferguson has stated they are working with the city to keep the current animal services phone number for reporting animal abuse or neglect. There is an online reporting option, as service is not provided on weekends or after-hours on weekdays. Read more here.
After the denial of a funding request last fall by the Ministry of Agriculture, the Saskatoon Society for the Prevention of Cruelty to Animals (SPCA) announced the discontinuation of its service in January, beginning April 1st (see Issue 8, Spotlights, Enforcement Updates). Starting on July 1st, the Animal Protection Services of Saskatchewan (APSS), will take over animal welfare enforcement in Saskatoon. The City of Saskatoon has stated that during the transition period the Ministry has maintained enforcement services by using contracted personnel. The APSS will receive provincial funding for service expansion. APSS Executive Director Don Ferguson has stated they are working with the city to keep the current animal services phone number for reporting animal abuse or neglect. There is an online reporting option, as service is not provided on weekends or after-hours on weekdays. Read more here.
Calgary Animal Rescue Organizations Declare “Crisis”
With an increase in animal surrenders, a decrease in adoptions, and many animals in need of care, Calgary city officials have said that the city’s animal welfare organizations “are in crisis.” In conjunction with the Calgary Humane Society and the Alberta Animal Rescue Crew Society (AARCS), the city released a statement saying that pet shelters, humane societies, and rescue shelters are currently full. An increase in dogs displaying problematic behaviour has been reported, possibly due to lack of adequate training and socialization during the COVID-19 pandemic. Read more here.
With an increase in animal surrenders, a decrease in adoptions, and many animals in need of care, Calgary city officials have said that the city’s animal welfare organizations “are in crisis.” In conjunction with the Calgary Humane Society and the Alberta Animal Rescue Crew Society (AARCS), the city released a statement saying that pet shelters, humane societies, and rescue shelters are currently full. An increase in dogs displaying problematic behaviour has been reported, possibly due to lack of adequate training and socialization during the COVID-19 pandemic. Read more here.
Parks Canada and RCMP Increasing Enforcement After Grizzly Bears Fatally Struck
In the first three weeks of June, three grizzly bears have been killed on the roads in Yoho and Jasper National Parks. A five-year-old female grizzly, who was the sibling of a rare white grizzly bear, was killed on the Trans-Canada Highway in Yoho National Park on June 7th. The death led to the implementation of a no-stopping zone and reduced speed limit of seventy kilometers per hour. On June 11th, a male grizzly bear was fatally struck on the Trans-Canada Highway in Yoho National Park, leading to a further drop of the speed limit to fifty kilometers per hour. Parks Canada and the Royal Canadian Mounted Police (RCMP) have increased enforcement in this area; specifically, they have issued 116 speeding tickets and four tickets for violation of the no-stopping zone. The RCMP have seized five vehicles to date along this highway for going more than forty kilometers per hour over the posted speed limit. On June 16, a female grizzly bear was fatally struck by a commercial transport truck on Highway 16 in Jasper National Park, leaving behind an orphaned cub. Experts state that obeying the speed limit is important for both the prevention of wildlife mortality, as well as for the protection of travelers and Parks Canada staff who are working roadside. Read more here.
In the first three weeks of June, three grizzly bears have been killed on the roads in Yoho and Jasper National Parks. A five-year-old female grizzly, who was the sibling of a rare white grizzly bear, was killed on the Trans-Canada Highway in Yoho National Park on June 7th. The death led to the implementation of a no-stopping zone and reduced speed limit of seventy kilometers per hour. On June 11th, a male grizzly bear was fatally struck on the Trans-Canada Highway in Yoho National Park, leading to a further drop of the speed limit to fifty kilometers per hour. Parks Canada and the Royal Canadian Mounted Police (RCMP) have increased enforcement in this area; specifically, they have issued 116 speeding tickets and four tickets for violation of the no-stopping zone. The RCMP have seized five vehicles to date along this highway for going more than forty kilometers per hour over the posted speed limit. On June 16, a female grizzly bear was fatally struck by a commercial transport truck on Highway 16 in Jasper National Park, leaving behind an orphaned cub. Experts state that obeying the speed limit is important for both the prevention of wildlife mortality, as well as for the protection of travelers and Parks Canada staff who are working roadside. Read more here.
Academic Updates
SLATE Article Discusses Happy the Elephant’s Legal Case and Consequences for the Future of Animal Rights Law
Justin Marceau & Angela Fernandez, “What Happy the Elephant’s Legal Case Tells Us About the Future of Animal Rights” Slate (17 June 2022).
Summary: Happy the elephant made history on Tuesday. By arguing for her release from the Bronx Zoo, she became the first animal to have a case for animal rights decided by a court of last resort in North America. New York’s highest court, the New York Court of Appeals, unequivocally recognized that “elephants are intelligent beings deserving of proper care and compassion” and noted that under existing law “they are not the equivalent of ‘things’ or ‘objects.’” Ultimately, Happy lost her case by a 5-2 vote. On the most basic level, this means that Happy will not be released from the zoo to live out her life in a sanctuary. But beyond the straightforward consequences, and the majority’s attempt at explaining “the relative simplicity of the legal issue,” the reasoning offered in Happy’s case highlights a few key, but less obvious, lessons for the future of animal rights law. Read the article here.
Justin Marceau & Angela Fernandez, “What Happy the Elephant’s Legal Case Tells Us About the Future of Animal Rights” Slate (17 June 2022).
Summary: Happy the elephant made history on Tuesday. By arguing for her release from the Bronx Zoo, she became the first animal to have a case for animal rights decided by a court of last resort in North America. New York’s highest court, the New York Court of Appeals, unequivocally recognized that “elephants are intelligent beings deserving of proper care and compassion” and noted that under existing law “they are not the equivalent of ‘things’ or ‘objects.’” Ultimately, Happy lost her case by a 5-2 vote. On the most basic level, this means that Happy will not be released from the zoo to live out her life in a sanctuary. But beyond the straightforward consequences, and the majority’s attempt at explaining “the relative simplicity of the legal issue,” the reasoning offered in Happy’s case highlights a few key, but less obvious, lessons for the future of animal rights law. Read the article here.
New Article Compares Cosmetic Regulatory Frameworks Around the World
Mariana Ferreira, Ana Matos, Ana Couras, & Joana Marto, “Overview of Cosmetic Regulatory Frameworks Around the World” (2022) 9:4 Cosmetics 72. Download here.
Abstract: To ensure safety and efficacy, cosmetic products are regulated and controlled worldwide. However, the regulatory approaches of each country may be significantly different and impact the competitiveness and economic viability of the industry. This work presents an updated review and comparison of regulatory requirements from the European Union, United States of America, Canada, Japan, People’s Republic of China and Brazil. It outlines contents such as the definition, classification and categorization of cosmetics, pre-market requirements, ingredients management, general labelling requirements, regulation of claims concerning advertisement and commercial practices, increase of animal testing and marketing bans on cosmetic products. Furthermore, it weighs the impact of regulatory differences on the safety and accessibility of these products in the mentioned regions.
Mariana Ferreira, Ana Matos, Ana Couras, & Joana Marto, “Overview of Cosmetic Regulatory Frameworks Around the World” (2022) 9:4 Cosmetics 72. Download here.
Abstract: To ensure safety and efficacy, cosmetic products are regulated and controlled worldwide. However, the regulatory approaches of each country may be significantly different and impact the competitiveness and economic viability of the industry. This work presents an updated review and comparison of regulatory requirements from the European Union, United States of America, Canada, Japan, People’s Republic of China and Brazil. It outlines contents such as the definition, classification and categorization of cosmetics, pre-market requirements, ingredients management, general labelling requirements, regulation of claims concerning advertisement and commercial practices, increase of animal testing and marketing bans on cosmetic products. Furthermore, it weighs the impact of regulatory differences on the safety and accessibility of these products in the mentioned regions.
International Updates
New Zealand Releases Plan to Tax Greenhouse Gasses in Animal Agriculture
New Zealand released a draft plan to tax agricultural greenhouse gas emissions, namely methane, from farmed animal belching. Although emissions from agriculture were previously exempt from the country’s emissions trading scheme, farmers may be taxed for emissions beginning in 2025. A final decision is expected by December 2022. Read more here and here.
New Zealand released a draft plan to tax agricultural greenhouse gas emissions, namely methane, from farmed animal belching. Although emissions from agriculture were previously exempt from the country’s emissions trading scheme, farmers may be taxed for emissions beginning in 2025. A final decision is expected by December 2022. Read more here and here.
Animal Advocates File Application to Release Three Elephants from Johannesburg Zoo
Animal Law Reform South Africa, the EMS Foundation, and Chief Stephen Fritz submitted an application to the High Court of South Africa seeking an order to release three elephants named Lammie, Mopani, and Ramadiba from Johannesburg Zoo. A first of its kind in South Africa, the application seeks a declaration that the continued confinement of the elephants is unlawful and unconstitutional, that the Zoo’s continued captivity of the elephants be reviewed, and that the elephants be released to a suitable rewilding facility. Read the application here and read more here.
Animal Law Reform South Africa, the EMS Foundation, and Chief Stephen Fritz submitted an application to the High Court of South Africa seeking an order to release three elephants named Lammie, Mopani, and Ramadiba from Johannesburg Zoo. A first of its kind in South Africa, the application seeks a declaration that the continued confinement of the elephants is unlawful and unconstitutional, that the Zoo’s continued captivity of the elephants be reviewed, and that the elephants be released to a suitable rewilding facility. Read the application here and read more here.