Brooks Animal Law Digest

As second reading debates continued in the Senate on December 1st, Senator Stan Kutcher rose in support of Bill S-241, the Jane Goodall Act, sponsored by Senator Marty Klyne. Senator Kutcher highlighted the urgency of moving forward with the bill to protect wild animals in captivity, noting that animals held captive in zoos often develop a troubling form of mental illness known as zoochosis. Senator Kutcher joined many of his colleagues in recommending the Bill move to the next stage in the Senate. He pointed out that many of the issues which have been raised during second reading debates, including which level of government has jurisdiction over wild animals in captivity and which zoo accreditation organization should be designated in the Bill, require the “in-depth analysis that only committee study can provide.”

The Standing Committee on Environment and Sustainable Development has moved to clause-by-clause analysis of Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, sponsored by Senator Marc Gold. During second reading debates on November 29th, Kaitlyn Mitchell, a staff lawyer at Animal Justice, urged to Committee to strengthen the Bill to better protect animals. Mitchell said: “By amending Canada’s toxics law, Canada has an exciting opportunity to phase out the unnecessary use of animals in painful toxicity testing, and to position Canada as a global leader when it comes to developing non-animal testing methods.”

On December 14th, Animal Justice, Coyote Watch Canada, and the Fur-Bearers appeared at the Ontario Divisional Court in their lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville, Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry has said the contest is legal, but Animal Justice et al. argue it is contrary to section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest.

The Fur-Bearers, a wildlife organization based in British Columbia, has submitted a complaint to the Ministry of Land, Water and Resource Stewardship over its monitoring of the province’s 2021-2022 wolf cull. The complaint comes after the Ministry refused to provide the group with photographs of wolf kills that contractors are required to submit to the provincial wildlife veterinarian. Aaron Hofman, Director of Policy and Advocacy for The Fur-Bearers, raised concerns about the Ministry’s ability to evaluate what is happening to wolves without these photographs. He said: “The province has a responsibility to monitor the activities of contractors hired to kill wolves and ensure they are complying with guidelines and standards.”

Wildlife rescue and rehabilitation centres in British Columbia say they are “overrun” with calls from the public who are seeing birds such as wild crows, ducks, and geese in distress, e.g. moving with lack of coordination, having seizures, or paralysis, all symptoms associated with avian influenza. The Canadian Food Inspection Agency, the lead government ministry responsible for dealing with the disease nationally, advises people not to handle sick birds. Seven commercial poultry farms in Abbotsford and Chilliwack have been quarantined with avian flu since November 16th. This is the same area where seventeen million birds were culled in 2004.

Directors of the Oxford Centre for Animal Ethics Professor Andrew Linzey and Dr. Clair Linzey have released a new book in their forty-volume strong Animal Ethics Series: An Ethical Critique of Fur Factory Farming (Palgrave Macmillan). The hundred-page report concludes that fur farming "should be prohibited by legislation.” Fur factory farming is still legal in Canada, as it is in the United States, Russia, and China.

Description: The fur trade is a multi-million-dollar industry. It is estimated that over 100 million animals are killed in fur farms worldwide annually. This book provides an in-depth analysis of the state of fur factory farming worldwide, and an ethical critique of the main arguments propounded by the fur industry. Consideration is also given to an attempt to justify fur farming through the concept of “Welfur."  Andrew Linzey and Clair Linzey argue that from any ethical perspective, fur factory farming fails basic moral tests.

During the nineteenth meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Panama, delegates enacted a record number of protections for over 500 species whose numbers are being decimated by the wildlife trade, including sharks, turtles, and frogs. The new protections include Appendix II listing of several species of shark, meaning that CITES Parties can allow trade only if it is not detrimental to the survival of the species in the wild.

On August 31, 2022, the Oregon Court of Appeals dismissed a suit filed by the Animal Legal Defense Fund on behalf of an injured horse named Justice. The group has petitioned the Oregon Supreme Court to review the case, arguing that that the Court of Appeals “erred in limiting personhood to its historical association with humans and human-created legal entities.” They argue that Justice has “a limited form” of legal personhood, which entitles him to a civil remedy for the violation of his right to be protected from cruelty.

A coalition of thirty-five organizations, environmentalists, scientists, and notable figures have signed an open letter renewing a call for the British Columbia government to end wildlife killing contests in the province. Humane Society International/Canada argues that these contests, to accumulate points towards winning cash and/or prizes, do not constitute effective wildlife management; rather they “exploit misunderstanding and fear surrounding species like wolves and coyotes and are a transparent means to kill animals for fun.” Grand Chief Stewart Phillip, president of one of the signors of the letter, the Union of British Columbia Indian Chiefs, states that these contests “betray the general public into thinking that a problem is being solved,” when the real problem, in his view, is not wildlife mismanagement but human intervention and industry “degradation of land, forests and waterways,” which prevent animals from balancing themselves.

The fifteenth meeting of the Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity has drawn to a close after parties reached a historic agreement. The Kunming-Montreal Global Biodiversity Framework was adopted early in the morning on December 19th. Its most ambitious target is known as “30 by 30,” a commitment to protecting at least thirty percent of the world’s land and water by the year 2030. The agreement recognizes the role of Indigenous leadership in reversing the rapidly accelerating loss of biodiversity on earth. While historic, the agreement does not include ways to bring nations to account if targets are not met.

As second reading debates continued in the Senate on December 1st, Senator Stan Kutcher rose in support of Bill S-241, the Jane Goodall Act, sponsored by Senator Marty Klyne. Senator Kutcher highlighted the urgency of moving forward with the bill to protect wild animals in captivity, noting that animals held captive in zoos often develop a troubling form of mental illness known as zoochosis. Senator Kutcher joined many of his colleagues in recommending the Bill move to the next stage in the Senate. He pointed out that many of the issues which have been raised during second reading debates, including which level of government has jurisdiction over wild animals in captivity and which zoo accreditation organization should be designated in the Bill, require the “in-depth analysis that only committee study can provide.”

Manitoba’s Animal Care Amendment Act has received assent. The Act prohibits people from leaving a pet unattended in a vehicle, without climate control running, when the outside temperature is above twenty-two degrees Celsius or below minus ten degrees Celsius. MLA Obby Khan, who introduced the bill in the legislature, said: "Animal welfare in our province just became stronger […] Officers of the law can now act province-wide to save animals from suffering during extreme temperatures. This is an all-around win."

At the COP15 Youth Summit, taking place on the sidelines of the United Nations Biodiversity Conference in Montreal, Environment Minister Benoit Charette announced that the Quebec government is updating its list of threatened or vulnerable species for the first time in over a decade. The government will be adding eleven species to the list of vulnerable species and upgrading the status of sixteen others, including the little brown bat and the western chorus frog, from vulnerable to threatened.

The Standing Committee on Environment and Sustainable Development has moved to clause-by-clause analysis of Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, sponsored by Senator Marc Gold. During second reading debates on November 29th, Kaitlyn Mitchell, a staff lawyer at Animal Justice, urged to Committee to strengthen the Bill to better protect animals. Mitchell said: “By amending Canada’s toxics law, Canada has an exciting opportunity to phase out the unnecessary use of animals in painful toxicity testing, and to position Canada as a global leader when it comes to developing non-animal testing methods.”

St. Catharines City Council has voted against a by-law exemption that would have allowed Reptilia Zoo to keep exotic animals in small enclosures at a local mall. The City’s by-law prohibits the keeping of certain reptiles for reasons relating to animal welfare and public safety. Reptilia Zoo has applied four times for a special exemption to the City’s by-laws but previously withdrew its applications before they came to a vote.

The Animal Care Review Board (ACRB) dismissed an appeal challenging the decision of Animal Welfare Services (AWS) to seize twenty horses and three colts from an Ontario farm located in Iona Station after the farm failed to address multiple compliance orders related to proper care of the animals. The farmers argued that the removals were not in accordance with the Provincial Animal Welfare Services Act. The ACRB concluded that the removals were done in accordance with the Act, noting there was “compelling historical evidence” that the farmers could not care for their horses and that “the horses would therefore be placed in distress if they were returned to them.”

The Divisional Court has dismissed an application for judicial review by Windrift Adventures, a dog sledding operation located in Moonstone, Ontario, challenging a decision by the Animal Care Review Board (ACRB) to uphold the seizure of over 200 dogs from the tourist attraction. The dogs were seized by Animal Welfare Services (AWS), the provincial animal law enforcement agency, in 2021 after the facility failed to address several compliance orders requiring them to provide adequate care and shelter to the animals. The court found that the ACRB acted reasonably, noting that “it [was] obvious the dogs were in distress when they were seized, [and] obvious that they would have been returned to a situation of distress…” if returned to Windrift Adventures.

On December 14th, Animal Justice, Coyote Watch Canada, and the Fur-Bearers appeared at the Ontario Divisional Court in their lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville, Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry has said the contest is legal, but Animal Justice et al. argue it is contrary to section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest.

The Fur-Bearers, a wildlife organization based in British Columbia, has submitted a complaint to the Ministry of Land, Water and Resource Stewardship over its monitoring of the province’s 2021-2022 wolf cull. The complaint comes after the Ministry refused to provide the group with photographs of wolf kills that contractors are required to submit to the provincial wildlife veterinarian. Aaron Hofman, Director of Policy and Advocacy for The Fur-Bearers, raised concerns about the Ministry’s ability to evaluate what is happening to wolves without these photographs. He said: “The province has a responsibility to monitor the activities of contractors hired to kill wolves and ensure they are complying with guidelines and standards.”

Twenty-one animals were seized from a pet daycare in Edmonton, Alberta after the city’s Animal Protection Unit received a complaint that the animals were not being properly cared for as required under the province’s Animal Protection Act. An investigation is ongoing, but the facility has closed its doors voluntarily.

Wildlife rescue and rehabilitation centres in British Columbia say they are “overrun” with calls from the public who are seeing birds such as wild crows, ducks, and geese in distress, e.g. moving with lack of coordination, having seizures, or paralysis, all symptoms associated with avian influenza. The Canadian Food Inspection Agency, the lead government ministry responsible for dealing with the disease nationally, advises people not to handle sick birds. Seven commercial poultry farms in Abbotsford and Chilliwack have been quarantined with avian flu since November 16th. This is the same area where seventeen million birds were culled in 2004.

A new report, published by leading United States retailer Kroger and the Plant Based Foods Institute, illustrates growing consumer commitment to plant-based foods and provides insight into plant-based shopper motivations. According to Holly Adrien, natural and organics strategy and innovation manager at Kroger: “The research was conducted as part of Kroger’s long-term strategy predicated on listening to their customers. Kroger is committed to learning from consumers and creating the optimal merchandising strategy for plant-based foods to best meet the needs of shoppers.”

In Social norms: What they are and how they help and hinder farmed animal advocacy, a new report by Mercy for Animals, the authors explore why social norms matter for animal advocacy and provide concrete recommendations for animal advocates to influence norms in a way that can help effect meaningful change for farmed animals.

Directors of the Oxford Centre for Animal Ethics Professor Andrew Linzey and Dr. Clair Linzey have released a new book in their forty-volume strong Animal Ethics Series: An Ethical Critique of Fur Factory Farming (Palgrave Macmillan). The hundred-page report concludes that fur farming "should be prohibited by legislation.” Fur factory farming is still legal in Canada, as it is in the United States, Russia, and China.

Description: The fur trade is a multi-million-dollar industry. It is estimated that over 100 million animals are killed in fur farms worldwide annually. This book provides an in-depth analysis of the state of fur factory farming worldwide, and an ethical critique of the main arguments propounded by the fur industry. Consideration is also given to an attempt to justify fur farming through the concept of “Welfur."  Andrew Linzey and Clair Linzey argue that from any ethical perspective, fur factory farming fails basic moral tests.

During the nineteenth meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Panama, delegates enacted a record number of protections for over 500 species whose numbers are being decimated by the wildlife trade, including sharks, turtles, and frogs. The new protections include Appendix II listing of several species of shark, meaning that CITES Parties can allow trade only if it is not detrimental to the survival of the species in the wild.

On December 1st, Taronga Zoo, located in Sydney, Australia, released CCTV footage of five lions escaping from their enclosure. The incident occurred in early November and led to a facility-wide shutdown and an emergency alert at the zoo. The zoo said an investigation into the failure of its mesh fencing system is still ongoing.

The Kurdistan Regional Government has passed its first law to protect the rights of animals in Iraq’s Kurdish region. The new law prohibits all forms of animal fighting and makes it illegal to kill stray animals unless they pose “specific risks” to people and/or other animals. It also creates a council whose objective will be to preserve biodiversity, raise awareness on animals rights, and regulate shelters and slaughterhouses.

The Palestinian city of Ramallah has established its first public veterinary clinic to treat stray animals in the region. Since the launch of the clinic, the city has provided medical care for approximately 100 stray dogs.

On August 31, 2022, the Oregon Court of Appeals dismissed a suit filed by the Animal Legal Defense Fund on behalf of an injured horse named Justice. The group has petitioned the Oregon Supreme Court to review the case, arguing that that the Court of Appeals “erred in limiting personhood to its historical association with humans and human-created legal entities.” They argue that Justice has “a limited form” of legal personhood, which entitles him to a civil remedy for the violation of his right to be protected from cruelty.

A new petition, sponsored by farm animal welfare organization Compassion in World Farming, is urging the European Commission to improve animal welfare standards for farmed fish. In May 2020, the Commission announced that it would be doing a full revision of animal welfare legislation as part of the European Union’s Farm to Fork Strategy. The petition, which has garnered over 150,000 signatures, urges the Commission to consider fish welfare standards during their review.

On December 7th, global animal welfare organization FOUR PAWS rescued Albania’s last captive brown bear. The bear, named Mark, was kept in captivity as a tourist attraction next to a restaurant in Tirana, Albania for over twenty years. Mark will be taken to a bear sanctuary in Austria, which provides rescued bears a life-long home in a near-natural habitat.

A coalition of thirty-five organizations, environmentalists, scientists, and notable figures have signed an open letter renewing a call for the British Columbia government to end wildlife killing contests in the province. Humane Society International/Canada argues that these contests, to accumulate points towards winning cash and/or prizes, do not constitute effective wildlife management; rather they “exploit misunderstanding and fear surrounding species like wolves and coyotes and are a transparent means to kill animals for fun.” Grand Chief Stewart Phillip, president of one of the signors of the letter, the Union of British Columbia Indian Chiefs, states that these contests “betray the general public into thinking that a problem is being solved,” when the real problem, in his view, is not wildlife mismanagement but human intervention and industry “degradation of land, forests and waterways,” which prevent animals from balancing themselves.

The fifteenth meeting of the Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity has drawn to a close after parties reached a historic agreement. The Kunming-Montreal Global Biodiversity Framework was adopted early in the morning on December 19th. Its most ambitious target is known as “30 by 30,” a commitment to protecting at least thirty percent of the world’s land and water by the year 2030. The agreement recognizes the role of Indigenous leadership in reversing the rapidly accelerating loss of biodiversity on earth. While historic, the agreement does not include ways to bring nations to account if targets are not met.

On December 7th, fourteen cows and nine chickens perished in a barn fire at a farm in Holmesville, Ontario. According to Animal Justice, tens of thousands of animals die in barn fires every year because “[b]arns have incredibly weak fire codes, & no sprinkler systems are required.

Police report that a large Green Tree Python was found slithering out of a suspect’s jacket during a break and enter investigation at a reptile store in downtown Hamilton. A store employee believes that this snake was targeted due to the snake’s worth of $1500 or more. Authorities were able to safely handle the snake and return him to the store, where employees noted he was frightened but is doing well.