Health Canada’s Pest Management Regulatory Agency proposed the continued use of strychnine and sodium monofluroacetate (also known as Compound 1080) currently in use in Alberta to kill wolves, coyotes, black bears, and skunks. The proposed decision highlights steps to reduce the killing of non-target animals. A ninety-day public consultation period is open for additional information to be taken into consideration before the final decision.
Issue 32: Fall 2022 Highlights
Legislative Updates
Four Quebec Parties Commit to Banning Fur Farming During Debate
During a provincial electoral debate on animal protection presented by the Montreal Society for the Prevention of Cruelty to Animals (SPCA), all four participating party representatives committed to banning fur farming of foxes and minks in Quebec. The Montreal SPCA states that this is the first time the four parties - the Parti conservateur du Québec, the Quebec Liberal Party, the Parti Québécois, and Québec solidaire - have taken a formal position on the issue.
Ontario Housing Bill Puts Critical Wildlife Habitat at Risk
Omnibus Bill 23, the More Homes Built Faster Act, includes several consequential amendments to the land-use planning framework in Ontario. Phil Pothen of Environmental Defence raised concerns that the law would eliminate critical protections for many of “Ontario’s rarest and most at-risk wildlife and habitats” and “leave vast swathes of Ontario’s most important habitats largely unprotected” from development.
Jane Goodall Act Moving at a Snail’s Pace
Senator Tory Dean rose in the Senate to recommend the Jane Goodall Act move to committee study. He pointed out that there have been eight speeches on the Bill since it was introduced by Senator Marty Klyne in March 2022, with debate time totalling over two and a half hours. Senator Dean pointed out that that “this makes Bill S-241 the most debated non-government bill at this stage in the Senate in this Parliament. To put it simply, we could describe here the zoo bill moving at a snail’s pace.”
Senator Stan Kutcher Gives Speech in Favour of Jane Goodall Act
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.”
Federal Bill S-5 on Animal Testing Moves to Clause-by-Clause Analysis
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.”
Litigation Updates
Superior Court Overturns Conviction of Vegan Cheese Company for Labeling Issues
Rawsome Raw Vegan Inc., a vegan cheese company, successfully appealed a 2021 conviction that found them guilty of violating food labeling laws by describing their cashew-based products as “cheese.” The Quebec Superior Court overturned the conviction, finding that the labeling laws only applied to dairy-based cheeses. Rawsome Raw Vegan Inc. is still proceeding with a Charter challenge against the labeling laws alongside Animal Justice, which was granted intervenor status in August 2022.
Marineland and Phil Demers Settle Decade-Long Legal Dispute Over Smooshi
Marineland and Phil Demers have settled their decade-long legal dispute ahead of the trial scheduled for October 2022. Marineland sued former employee turned whistleblower, Phil Demers, approximately $1.5 million in 2013 for an alleged plan to steal Smooshi the walrus, and Demers quickly countersued for defamation and abuse of process. As part of the settlement, Smooshi and her calf, Koyuk, will be rehomed as soon as reasonably possible.
British Columbia Animal Advocates Receive Thirty-Day Jail Sentence for Non-Violent Civil Disobedience
Animal activists Amy Soranno and Nick Schafer were sentenced on October 12th to thirty days in jail and twelve months probation after being convicted by a jury of one count of break and enter and one count of mischief in connection to a sit-in they organized and lead at the Excelsior Hog Farm in Abbotsford, British Columbia. According to Animal Justice, this is the first known Canadian case in which peaceful animal advocates would be jailed for an act of non-violent civil disobedience. The two activists are appealing their sentence and plan to apply for bail, which, if granted, could result in a deferral of their sentences until the appeal is heard.
Animal Justice and Soi Dog Canada Challenge Ban on International Dog Rescue in Court
Animal Justice and Soi Dog Canada have filed three applications for judicial review in Federal Court challenging the decision by the Canadian Food Inspection Agency (CFIA) to ban the import of dogs from a list of over 100 countries. The ban went into effect on September 28th, 2022. Animal Justice and Soi Dog Canada are arguing that the ban is unlawful and was imposed without consulting directly impacted stakeholders.
Longueuil Unable to Proceed with Deer Cull Until Quebec Court of Appeal Renders Decision
On November 25th, the Quebec Court of Appeal heard an appeal from the Montreal SPCA and Sauvetage Animal Rescue regarding the culling of deer in Longueuil’s Michel-Chartrand Park. The City of Longueuil will not be permitted to proceed with the culling until the Court of Appeal’s decision has been made. The Superior Court had recently refused to order the suspension of the deer cull planned this fall by the city, but the Quebec Court of Appeal granted the request of the SPCA and Sauvetage Animal Rescue to appeal the verdict. The Court of Appeal has not provided any information concerning when it will issue its decision.
Animal Organizations Appear in Court Over Ontario Coyote Killing Contest
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.
Enforcement Updates
Complaint Filed Regarding Mink and Fox Fur Farms in Quebec
Animal Justice has filed a complaint in Quebec over the living conditions of mink and foxes on two Quebec fur farms. The complaint is based on photos obtained by the photojournalism agency We Animals Media in August 2022. The complaint calls for immediate inspection of the farms to determine if they are in violation of the Animal Welfare Safety Act and the Wildlife Conservation and Development Act.
Three Quebec Residents Arrested and Charged After Sled Dogs Cruelly Killed
Three individuals were arrested following an investigation into sled dog operation Expedition Mi-Loup in Saint-Jean-de-l'Île-d'Orléans, Quebec. Antoine Simard, Elisabeth Leclerc, and Édouard Parent were charged with criminal animal cruelty and neglect after sled dogs and puppies were found frozen, drowned, shot, and gassed to death. A court appearance is set for November 16th, 2022.
Investigation Reveals Widespread Cruelty at Ontario’s Zoos
CTV’s W5 broadcast to the nation undercover footage documented by Animal Justice at roadside zoos across Ontario. The footage revealed widespread animal suffering, including psychological distress, physical injuries, and death. Camille Labchuk, Executive Director of Animal Justice, said “Ontario is the Wild West. There's almost no oversight over zoos. There's no regulations and no licence required to set up a zoo. So I can't build a patio in my backyard without a permit, but I could open up a zoo and fill it with wild, dangerous, exotic animals.”
Ontario Woman Charged After Video Shows Horse Being Dragged
A twenty-three year-old Ontario woman has been charged with "causing distress to an animal” under the Provincial Animal Welfare Services Act after a graphic video of a horse being dragged surfaced online. According to sources, the woman worked at Wishing Stone Farm, which offers a range of services including horse boarding and training. She is expected to appear at a provincial offences court date in January 2023.
Agency Updates
CFIA Ban on Dog Imports Comes into Effect
A ban by the Canadian Food Inspection Agency (CFIA) on importing dogs from a list of over 100 countries came into effect on September 28th, 2022. Animal advocacy organizations have filed a complaint to the Complaints and Appeals Office of the CFIA asking for reconsideration in order to allow rescued dogs to continue entering Canada for rehoming.
Academic Updates
Canadians Should Eat Less Meat and Dairy to Achieve National Climate Targets, Study Finds
According to a new report by Navius Research, commissioned by World Animal Protection, Canadians should substantially reduce their red meat and dairy consumption if the country is to lower emissions from the agricultural sector. Canada’s aim is to reduce greenhouse gas emissions by forty percent below the 2005 levels by 2030, and achieve net-zero emissions by 2050. The report’s results indicate that Canada can reach these targets by reducing meat and dairy intake first by thirty percent then fifty percent.
University of Victoria Releases Animal Law Documentary Series
The Animals & Society Research Initiative at the University of Victoria has released an open-access documentary film pilot that surveys the current field of animal law and policy. Proposed as a six-episode series, the pilot summarizes animal advocacy in multiple categories, including: (i) companion animals; (ii) animals in research; (iii) farmed animals; (iv) wild animals; (v) animal sanctuaries; and (vi) education and careers in animal law and policy. The series features interviews with youth activists sharing their experience with animal issues and leading global animal law scholars, practitioners, and legislators who explore shortcomings in current laws and how they can be improved.
Poll Finds That the Majority of GTA Residents are Interested in Exploring More Plant-Based Foods
Animal Justice posted an overview of results from an Angus Reid poll commissioned by VegTO to examine food choices and awareness in the Greater Toronto Area (GTA). The poll found that almost two-thirds of Toronto residents are interested in reducing their meat consumption, and that twenty-one percent have taken steps to do so. The survey also found that ninety and eighty-eight percent of respondents cited availability and convenience as main dietary factors, respectively. Nearly nineteen in twenty indicated their support for more plant-based food offerings in public spaces.
New Article Considers Constitutionality of Canada’s Ag-Gag Laws
Jodi Lazare, "Animal Rights Activism and the Constitution: Are Ag-Gag Laws Justifiable Limits?" (2022) 59:3 Osgoode Hall Law Journal 667-706.
Abstract: It is a troubling time to be an animal rights activist in Canada. Recently, Alberta adopted legislation to create harsh penalties for trespassing onto private property, for obtaining permission to enter private property based on false pretences, and for interfering with vehicles on public highways. These laws relate to agricultural lands, to private property generally, and, where roads are concerned, to public property. Ontario has adopted similar legislation aimed specifically at agricultural property. The legislation in both provinces purports to protect the security of farmers, their families, and rural property owners generally, as well as the safety of the food system, by preventing contamination of farmed animals by trespassers and those who would interfere with farmed animals in transport.
New Book Argues That Fur Factory Farming Fails Basic Moral Tests and Should Not Be Legal
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.
International Updates
Spain Announces Mandatory Video Surveillance for Slaughterhouses
The Council of Ministers approved a royal decree on August 23rd establishing that Spanish slaughterhouses will be monitored by mandatory surveillance systems, making Spain the first EU country to introduce compulsory slaughterhouse video monitoring. Once a formal announcement is published in the Official State Gazette, larger slaughterhouses will have one year to implement the rule while a two-year period will apply to smaller facilities.
City in the Netherlands to Ban All Meat Advertising Due to Climate Crisis
Haarlem, a city in the Netherlands with a population of approximately 160,000 became the first city in the world to ban advertisements for meat in public places. The ban was enacted to reduce meat consumption and reduce associated greenhouse gas emissions. The ban will take effect in 2024.
Latvia Parliament to Ban Fur Farming
Latvian Parliament passed amendments to the Animal Protection Law which would ban fur farming beginning in January 2028. The ban will end operations for the four remaining fur farms in Latvia, who keep approximately 270 animals for fur. In passing the law, Latvia became the fifteenth European country to ban fur farms.
New Zealand Bans Live Animal Exports
Responding to a typhoon-caused capsizing of a ship in 2020 off the coast of Japan in which the lives of 6000 cattle and 41 crew members were lost, New Zealand announced that it would ban the export of live sheep and cattle by sea on April 30th 2023.
United States Turkey Farm Workers Charged with Animal Cruelty Following Undercover Investigation
Following an undercover investigation at Plainville Farms in Pennsylvania, eleven turkey farm workers have been charged with 139 counts of cruelty to animals. People for the Ethical Treatment of Animals (PETA) said it sent an undercover investigator to several Plainville Farms locations to evaluate the marketing claims that had designated them as “animal welfare certified.” The PETA investigator captured video footage that appeared to show workers kicking, stomping, and beating turkeys. PETA says this is the largest number of cruelty to animals charges against factory farm workers in U.S. history.
United States Animal Rights Activists Found Not Guilty After Rescuing Pigs from Utah Farm
In 2017, Wayne Hsiung and Paul Picklesimer, members of the animal rights group Direct Action Everywhere or DxE, removed two injured, sick, and severely underweight piglets from Smithfield Foods factory farm in Beaver County, Utah. On October 8th, the two animal activists were acquitted by a jury on burglary and theft charges, which could have sent them each to prison for five-and-a-half years. Following the jury’s decision, Hsiung said “[t]his is a resounding message about accountability and transparency […] Every company that is mistreating its animals and expecting that government and local elected officials will just go along with them because they have them in their pockets will now realize that the public will hold them accountable, even in places like Southern Utah.”
United States Supreme Court Hears a Challenge to California’s Law Banning the Sale of Pork from Pigs Confined in Gestation Crates
The United States Supreme Court heard oral arguments in a lawsuit challenging the constitutionality of California’s Proposition 12 (“Prop 12”), a law which amends the California Health and Safety Code to prohibit the sale of pork from animals raised in extreme confinement. According to the pork industry trade associations and farmers challenging the law, Prop 12 places an undue burden on interstate commerce because it forces hog farmers in other states to comply with California’s requirements regarding animal confinement. Justice Clarence Thomas disagreed, noting “it's about products being sold in California. Unlike some of the cases you cite, it's not reaching out and regulating something across state lines or regulating prices.” The Animal Legal Defense Fund and a coalition of animal protection groups have intervened in the case, arguing that “[s]tates have the right to pass laws that protect animals and the public.” A ruling is due by the end of June 2023.
Century-old Irish Foxhunt has Shut Down
Based in Counties Kilkenny and Tipperary, The Kilmoganny Foxhounds has reportedly gone out of business as a result of a “huge increase in insurance costs.” The Irish Field has reported that the hunt had “no other option but to disband” due to running costs. Its pack of sixty hounds targeted foxes twice per week for 104 years.
U.S. Senator Cory Booker Announces Legislation to Hold Factory Farms Accountable
United States Senator Cory Booker announced the Industrial Agriculture Accountability Act. The Act would hold factory farms liable for disaster mitigation and establish new protections for farmed animals by, for example, requiring that industrial operators submit disaster preparedness plans, ensuring that industrial operators are not using the worst depopulation and slaughter practices, and mandating that corporations pay to cover the costs of preparing for and responding to disaster events.
International Wildlife Conference Increases Protection for Species Impacted by Wildlife Trade
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.
Justice the Horse Case Continues
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.
Other Updates
Retiring Alberta Chief Justice Catherine Fraser Honours Animals at Retirement Dinner
During her retirement dinner speech, now former Chief Justice of the Alberta Court of Appeal, Catherine Fraser, highlighted how her dissent in Reece v Edmonton (City) affected her. According to Professor Peter Sankoff, she stated: “I wish sometimes I had been able to do more. I’m sorry Lucy, I really tried.” A legacy award was created in her name, The Catherine A. Fraser Award for Excellence in the Advancement of Animal Law.
Canada’s Last Prison Abattoir Has Closed
The slaughterhouse at the Joyceville prison near Kingston, Ontario owned by the Correctional Service of Canada (CSC) has closed. This news comes following the recent publication of a report by Evolve Our Prison Farms (EOPF) highlighting the facility’s alleged human rights violations and questionable inspection practices. Reflecting on the news, EOPF founder Calvin Neufeld wrote: “This is a major victory for the human rights of incarcerated persons and for the countless animals who have suffered and died at this prison slaughterhouse since it opened in 1960. CSC, politicians, and the meat industry may attempt to reopen the facility one day. Evolve Our Prison Farms will remain vigilant to ensure that the closure is permanent.”
New Documents Suggest British Columbia is Using “Judas Wolf” Method in Wolf Culls
The Fur-Bearers obtained new documents which suggest the British Columbia (BC) government is using a method known as the “Judas Wolf” in their wolf cull for 2021-2022. To employ this method, government contractors attach GPS tracking collars to individual wolves and then follow them in helicopters until he or she leads them to their pack. Once spotted, contractors shoot the entire pack, leaving the collared wolf alive to repeat the process later. The BC government denied using this method in 2016, but these new documents suggest the practice might have been used as recently as this past winter.
Animal Rights Activists Hold Ceremony for Animals Lost in War
On November 6th, animal rights activists held a ceremony for animals lost in war at the National War Memorial. When asked why she decided to host the ceremony, Animal Protection Party member Kimberly LaMontagne said: “They did not sacrifice their lives for their country, they had no say in the matter. And those who did survive the horrors of war were often discarded on the battlefield after being injured. We are here to honour these animals, and to help prevent more from falling in their wake.”
COP27 Deemed a Disappointment in Addressing Animal Agriculture’s Role in Climate Change
Many are calling the 27th Conference of the Parties (COP27) a “disappointment” in addressing the role of animal agriculture in climate change. Canada’s official delegation to COP27 contained representatives of the meat and dairy industries. Although the conference welcomed its first-ever Food Systems Pavilion, there were no major talks surrounding animal agriculture. The menu also featured animal-based dishes, including a beef medallion dish, a seafood platter, and a salmon dish.
More Than Thirty Organizations and Experts Sign Open Letter Calling on BC Government to End Wildlife Killing Contests
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 Canada Edition of the Animal Law Digest is published twice monthly in collaboration with the University of Toronto Faculty of Law.