Brooks Animal Law Digest

Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, was debated for the first time following its review by the Standing Committee on Environment and Sustainable Development in the House of Commons. Terry Duguid, Parliamentary Secretary to the Minister of Environment and Climate Change, emphasized that animal testing was a major theme of the Committee’s amendments to the bill, with several new provisions aimed at replacing, reducing, or refining the use of vertebrate animals. He added that these amendments are consistent with work under way in other jurisdictions around the world, such as the United States and the European Union. He referred to the government’s recent commitment to end cosmetics testing on animals in the 2023 federal budget, and with amendments to the Food and Drugs Act tabled in Bill C-47, noting that “[t]hese CEPA amendments would be an important complement to this work.”

During the House of Commons question period on May 9th, Senator Marty Klyne asked the federal government about the fate of Bill S-241, the Jane Goodall Act. Bill S-241 is the most debated bill in second reading in the Senate this 44th Parliament, spanning over thirteen months with fifteen speeches and over four hours of debate. Senator Klyne emphasized that the bill “would fulfill two government election commitments reflected in Minister Guilbeault’s mandate letter to protect captive wild animals and to curb wild animal trafficking including elephant ivory and rhino horn.” He asked whether the government would move the bill to Committee or introduce their own version of the Jane Goodall Act to save it.

Toronto City Council has voted to amend Toronto Municipal Code, Chapter 349 to end the UrbanHensTO Pilot Program, which allowed residents to keep up to four chickens in their backyard. The program was terminated due to animal welfare concerns and the rising cases of avian influenza in the province. The program launched in 2018 and currently has about eighty households enrolled. Anyone currently keeping hens as part of the program in permitted areas of the city may continue to keep them until they have died, despite the end of the pilot.

Andrew Burns, Marineland's lawyer, has been charged with violating the Lobbying Act for failing to file a return with the Office of the Commissioner of Lobbying after communicating with a public office holder regarding Bill S-203. The legislation, which passed in 2019, banned whale and dolphin captivity and breeding in Canada. Marineland opposed the bill and fought to prevent it from becoming law. Pro-whale captivity senators in the Senate, led by then-Senate whip Don Plett, engaged in stall tactics and other efforts to delay and kill the bill.

A beluga whale and bottlenose dolphin have died at Marineland, according to the Ministry of the Solicitor General. The ministry did not specify when the deaths occurred, and necropsies of both animals were conducted by professionals retained by Marineland. The incident is the latest in a series of animal deaths at the aquarium, with Canada's last living orca in captivity, Kiska, dying in March. Marineland is under investigation, and the ministry said it could not provide further details while compliance inspections are ongoing to determine if the standards of care are being met.

Animal Justice has filed a complaint against Kawartha Lakes Police Service officers for the cruel and likely illegal treatment of an injured raccoon. Instead of using a safe and humane method or calling for support, the police officers beat the raccoon to death with a shovel because they believed the animal was a "threat to public safety." Animal Justice's complaint alleges that the officers violated the police code of conduct and provincial animal welfare laws, which prohibit causing an animal to be in distress. Animal Justice is seeking justice for the raccoon and believes the officers should be held accountable for their actions.

The Vancouver Park Board has approved a plan to manage the city's Canada goose population, which includes the option of "lethal removal." The Board has stated that any method used will be humane and approved by regulators, but a permit from the Canadian Wildlife Service is required before implementing it. Animal law lawyer Rebeka Breder said: “What we really should be discussing and focusing on, is dealing with the root of the problem, which is usually human behavior. The Park Board should really be focusing on stronger enforcement of people feeding wildlife in parks, including birds, raccoons, coyotes — fining them to the maximum extent of the bylaws which Vancouver now has.”

Jochen Krattenmacher, “Universities should lead on the plant-based dietary transition” (2023) 7:5 The Lancet Planetary Health 354.

Summary: This comment argues that universities must take steps to reduce their procurement of animal-based foods to meet climate targets and stay within planetary boundaries. While research on this topic has been conducted, universities have been slow to adjust their food procurement practices. The authors suggest several measures, including offering healthy plant-based options, providing information about food choices, and encouraging dietary shifts through small price incentives. They argue that collective deliberation and dedicated institutional frameworks can help facilitate this transition towards a healthier and more sustainable food system.

Animal welfare organization, Cruelty Free International (CFI), has lost a High Court challenge against the United Kingdom (UK) government over allegations that it had abandoned a ban on testing cosmetic product ingredients on animals. Justice Linden ruled that ministers were acting lawfully when they changed a policy on animal testing to align with new European Union (EU) chemical rules that required companies to test some ingredients used in cosmetics on animals to ensure they were safe for workers manufacturing the ingredients. The judge said it was “regrettable” the Government did not publicly announce the policy change but there were no breaches of legal duties by the Home Office and neither CFI nor the public had a “legitimate expectation” to be informed about a change in policy position. UK Chancellor Rishi Sunak has confirmed that the country’s ban on animal testing for cosmetic products for the consumer will not be weakened.

New sentencing guidelines for animal welfare offences in England and Wales have been published by the United Kingdom sentencing council and will come into effect on July 1st, 2023. The updated guidelines, developed after changes introduced by the Animal Welfare (Sentencing) Act 2021, will for the first time offer judges and magistrates guidance on sentencing the most serious animal cruelty offences, including causing unnecessary suffering, tail docking, and animal fighting. A second guideline focuses on “Failure to ensure animal welfare.” Both apply to adults only and follow public consultation and analysis of current sentencing practice.

The United States (US) Supreme Court has upheld a California law requiring more space for breeding pigs, ruling that a challenge to the law by pork producers was properly dismissed by lower courts. The law, Proposition 12, was passed in 2018 and requires pork sold in the state to come from pigs whose mothers were raised with at least twenty-four square feet of space, with the ability to lie down and turn around. Pork producers argued that the law would force the industry to change its practices and raise the cost of bacon and other pork products nationwide.

The Government of Canada has initiated a public consultation to inform the development of a national Biodiversity Strategy. There are several opportunities for Canadians to provide comments and perspectives to shape the strategy, including participating in an online survey that will remain open until July 14th, 2023, and engaging in events and platforms organized by the government in collaboration with partners and stakeholders over the spring and summer of 2023. During the National Biodiversity Symposium on May 15th, Environment Minister Steven Guilbeault called for a “whole of government, whole of society approach” and new legislation to meet the government’s goal to protect thirty percent of Canada’s lands and waters by 2030. 

Bill S-5, the Strengthening Environmental Protection for a Healthier Canada Act, was debated for the first time following its review by the Standing Committee on Environment and Sustainable Development in the House of Commons. Terry Duguid, Parliamentary Secretary to the Minister of Environment and Climate Change, emphasized that animal testing was a major theme of the Committee’s amendments to the bill, with several new provisions aimed at replacing, reducing, or refining the use of vertebrate animals. He added that these amendments are consistent with work under way in other jurisdictions around the world, such as the United States and the European Union. He referred to the government’s recent commitment to end cosmetics testing on animals in the 2023 federal budget, and with amendments to the Food and Drugs Act tabled in Bill C-47, noting that “[t]hese CEPA amendments would be an important complement to this work.”

During the House of Commons question period on May 9th, Senator Marty Klyne asked the federal government about the fate of Bill S-241, the Jane Goodall Act. Bill S-241 is the most debated bill in second reading in the Senate this 44th Parliament, spanning over thirteen months with fifteen speeches and over four hours of debate. Senator Klyne emphasized that the bill “would fulfill two government election commitments reflected in Minister Guilbeault’s mandate letter to protect captive wild animals and to curb wild animal trafficking including elephant ivory and rhino horn.” He asked whether the government would move the bill to Committee or introduce their own version of the Jane Goodall Act to save it.

Toronto City Council has voted to amend Toronto Municipal Code, Chapter 349 to end the UrbanHensTO Pilot Program, which allowed residents to keep up to four chickens in their backyard. The program was terminated due to animal welfare concerns and the rising cases of avian influenza in the province. The program launched in 2018 and currently has about eighty households enrolled. Anyone currently keeping hens as part of the program in permitted areas of the city may continue to keep them until they have died, despite the end of the pilot.

Andrew Burns, Marineland's lawyer, has been charged with violating the Lobbying Act for failing to file a return with the Office of the Commissioner of Lobbying after communicating with a public office holder regarding Bill S-203. The legislation, which passed in 2019, banned whale and dolphin captivity and breeding in Canada. Marineland opposed the bill and fought to prevent it from becoming law. Pro-whale captivity senators in the Senate, led by then-Senate whip Don Plett, engaged in stall tactics and other efforts to delay and kill the bill.

Animal Justice has filed a complaint with the Ontario Ministry of Agriculture and the Canadian Food Inspection Agency regarding live animal markets, citing concerns about public health and animal welfare. Despite an avian flu outbreak affecting Canada, an animal sale was held in Shelburne, where animals were cramped together in unsanitary conditions without access to food and water. The sale included birds, goats, pigs, rabbits, cows, and sheep, and it was advertised that a kangaroo would be available. Animal Justice is calling for the cancellation of similar sales to protect public health and animal welfare.

A beluga whale and bottlenose dolphin have died at Marineland, according to the Ministry of the Solicitor General. The ministry did not specify when the deaths occurred, and necropsies of both animals were conducted by professionals retained by Marineland. The incident is the latest in a series of animal deaths at the aquarium, with Canada's last living orca in captivity, Kiska, dying in March. Marineland is under investigation, and the ministry said it could not provide further details while compliance inspections are ongoing to determine if the standards of care are being met.

Animal Justice has filed a complaint against Kawartha Lakes Police Service officers for the cruel and likely illegal treatment of an injured raccoon. Instead of using a safe and humane method or calling for support, the police officers beat the raccoon to death with a shovel because they believed the animal was a "threat to public safety." Animal Justice's complaint alleges that the officers violated the police code of conduct and provincial animal welfare laws, which prohibit causing an animal to be in distress. Animal Justice is seeking justice for the raccoon and believes the officers should be held accountable for their actions.

Quebec’s agriculture department has seized thirty-eight cows from Ferme Clément Lapointe et fils. The seizure was prompted by an inspection that revealed concerns about the safety and well-being of some animals. The seized cows will be assessed by a veterinarian, and a report will be submitted to prosecutors to determine if charges will be filed. In July 2022, twenty-four cows escaped from the farm and the last of them were recaptured in January. The agriculture department had been conducting regular inspections since November to ensure proper treatment of the recaptured animals.

The Ontario Animal Care Review Board has upheld Animal Welfare Services' decision to bill local dog sled operation, Windrift Adventures Inc., $1,524,640 for the continued care of over 200 dogs seized from their properties in 2021. The dogs were taken from Windrift's properties following public outcry over a viral video depicting alleged inhumane conditions. Windrift has contested the charges in this ongoing situation, claiming that the dogs have not been adequately cared for since their removal.

A man in Toronto has been charged after allegedly using a live python snake to attack another person. The man approached the victim while holding the snake, and a physical altercation ensued during which the snake was used to strike the victim. Video footage of the incident circulated on social media. Police arrived promptly and arrested the individual. The suspect has been charged with assault with a weapon and causing unnecessary pain or suffering to an animal. The snake, which was alive during the incident, has since died.

Workers at the Vancouver International Mail Centre in Richmond, British Columbia found a cat inside a damaged box that originated from China. The Canada Border Services Agency officers discovered the cat and contacted the British Columbia Society for the Prevention of Cruelty to Animals, who sent an animal control officer to bring her directly to an emergency vet clinic. The cat was stabilised and vaccinated against rabies, given fluids to rehydrate, and tested for foreign parasites and diseases. Precious Cargo, the name now given to the cat, has been discharged from the centre and is now with a foster mom who plans on adopting her.

Ontario's Ministry of Natural Resources and Forestry is proposing to create temporary fish sanctuaries on Opinicon Lake and Charleston Lake for the 2024 and 2025 fishing season. The proposed regulation changes aim to support long-term bass nesting and population research conducted by the Fisheries Conservation Foundation, Universities of Carleton, Illinois, Manitoba, and Queen’s. The research has shown that pre-season bass fishing and fishing for nesting bass has had a detrimental impact on population recruitment in several bass fisheries. The proposed sanctuaries will prohibit fishing from April 15 to July 10 and support continued research to determine the level of improvement in reproduction and resulting population recruitment. The Ministry is accepting public comments on the proposal until June 19th, 2023.

The Vancouver Park Board has approved a plan to manage the city's Canada goose population, which includes the option of "lethal removal." The Board has stated that any method used will be humane and approved by regulators, but a permit from the Canadian Wildlife Service is required before implementing it. Animal law lawyer Rebeka Breder said: “What we really should be discussing and focusing on, is dealing with the root of the problem, which is usually human behavior. The Park Board should really be focusing on stronger enforcement of people feeding wildlife in parks, including birds, raccoons, coyotes — fining them to the maximum extent of the bylaws which Vancouver now has.”

Jochen Krattenmacher, “Universities should lead on the plant-based dietary transition” (2023) 7:5 The Lancet Planetary Health 354.

Summary: This comment argues that universities must take steps to reduce their procurement of animal-based foods to meet climate targets and stay within planetary boundaries. While research on this topic has been conducted, universities have been slow to adjust their food procurement practices. The authors suggest several measures, including offering healthy plant-based options, providing information about food choices, and encouraging dietary shifts through small price incentives. They argue that collective deliberation and dedicated institutional frameworks can help facilitate this transition towards a healthier and more sustainable food system.

Michèle Hamers et al, “An analysis of Canada's declared live wildlife imports and implications for zoonotic disease risk” (2023) 8 FACETS 1.

Abstract: In Canada, there have been calls for increased research into and surveillance of wildlife trade and associated zoonotic disease risks. We provide the first comprehensive analysis of Canadian live wildlife imports over a seven-year period (2014–2020), based on data from federal government databases obtained via Access to Information requests. A total of 1 820 313 individual animals (including wild-caught and captive-bred animals but excluding fish, invertebrates, Columbiformes (pigeons), and Galliformes (game birds)), from 1028 documented import records, were imported into Canada during 2014–2020. Birds were the most imported taxonomic class (fifty-one percent), followed by reptiles (twenty-eight percent), amphibians (nineteen percent), and mammals (two percent). In total, twenty-two taxonomic orders from seventy-nine countries were recorded as imported. Approximately half of the animals (forty-nine percent) were imported for the exotic pet market. Based on existing literature and a review of the Canadian regulatory apparatus, we gesture to these importations' potential implications for zoonotic disease risk and discuss potential biosecurity challenges at the Canadian border. Finally, we identify data gaps that prevent an extensive assessment of the zoonotic disease risk of live wildlife imports. We recommend data collection for all wildlife importation and improved coordination between agencies to accurately assess zoonotic disease risk.

Calls for the closure of zoos in Pakistan have grown after the death of a seventeen-year-old elephant in Karachi. Noor Jehan, an African elephant, was already in poor health when she fell into a pond last month and was unable to get up. The international animal welfare charity Four Paws said the Karachi zoo was not equipped to take care of elephants and had advised that Noor Jehan and her companion, Madhubala, needed to be moved to a more species-appropriate home. Many cases of animals suffering in Pakistan’s zoos have surfaced in recent years.

Animal welfare organization, Cruelty Free International (CFI), has lost a High Court challenge against the United Kingdom (UK) government over allegations that it had abandoned a ban on testing cosmetic product ingredients on animals. Justice Linden ruled that ministers were acting lawfully when they changed a policy on animal testing to align with new European Union (EU) chemical rules that required companies to test some ingredients used in cosmetics on animals to ensure they were safe for workers manufacturing the ingredients. The judge said it was “regrettable” the Government did not publicly announce the policy change but there were no breaches of legal duties by the Home Office and neither CFI nor the public had a “legitimate expectation” to be informed about a change in policy position. UK Chancellor Rishi Sunak has confirmed that the country’s ban on animal testing for cosmetic products for the consumer will not be weakened.

The Moulin Rouge Cabaret Club has made the decision to drop an act in its performance involving the submersion of terrestrial snakes into a water tank. Animal advocates say they witnessed the serpents struggling to keep their heads above the water, and that they were taped to prevent them from biting and defecating in the tank. Paris city officials warned that submerging these snakes under water was cruel, as they live on land. Last year, the Moulin Rouge told Paris newspaper Le Parisien that they have “never mistreated and will never mistreat animals.”

New sentencing guidelines for animal welfare offences in England and Wales have been published by the United Kingdom sentencing council and will come into effect on July 1st, 2023. The updated guidelines, developed after changes introduced by the Animal Welfare (Sentencing) Act 2021, will for the first time offer judges and magistrates guidance on sentencing the most serious animal cruelty offences, including causing unnecessary suffering, tail docking, and animal fighting. A second guideline focuses on “Failure to ensure animal welfare.” Both apply to adults only and follow public consultation and analysis of current sentencing practice.

The United States (US) Supreme Court has upheld a California law requiring more space for breeding pigs, ruling that a challenge to the law by pork producers was properly dismissed by lower courts. The law, Proposition 12, was passed in 2018 and requires pork sold in the state to come from pigs whose mothers were raised with at least twenty-four square feet of space, with the ability to lie down and turn around. Pork producers argued that the law would force the industry to change its practices and raise the cost of bacon and other pork products nationwide.

Alberta wildfire evacuees are seeking safety for their companion animals through temporary shelters around Edmonton. The City arranged an impromptu shelter at the Edmonton Expo Centre, and has since estimated that an equal number of people and companion animals have arrived there. Other entities, such as businesses like Awesome Pawsome Ranch Pet Hotel and Grooming Services, are addressing the emergency by offering to take care of evacuees’ companion animals free of charge for five days. Some organizations are working to move animals to foster homes in safe areas. Similar measures were taken in 2016, when wildfires ravaged Fort McMurray in northern Alberta.

A recent study has revealed that invasive red-eared slider turtles, originally kept as pets, are successfully reproducing in the same territory as the endangered coastal western painted turtles in British Columbia, Canada. The red-eared sliders are larger and are crowding out sunbathing spots, thus outnumbering the native western painted turtles two and a half to one. The western painted turtle population hit a low of approximately 3000 individuals before hatchlings were released over the past few years. The researchers’ tally of turtles at nineteen sites confirmed that the invasive turtles were overtaking the native turtles, surprising both the researchers and the province.

Vancouver City Council will vote on a motion from Green party councillor Pete Fry to proclaim the last two weeks of May a “Vancouver Bird Celebration” and to reapply for Vancouver’s certification as a Bird Friendly City. Fry’s motion is based on recommendations from the 2020 Vancouver Bird Strategy, which includes enhanced bird-friendly building design and attracting bird tourism by joining the British Columbia Bird Trail Initiative. Vancouver is home to 250 species of resident, migratory and overwintering birds, and its location on the Fraser River delta makes it an important stop along the Pacific Flyway.

The Government of Canada has initiated a public consultation to inform the development of a national Biodiversity Strategy. There are several opportunities for Canadians to provide comments and perspectives to shape the strategy, including participating in an online survey that will remain open until July 14th, 2023, and engaging in events and platforms organized by the government in collaboration with partners and stakeholders over the spring and summer of 2023. During the National Biodiversity Symposium on May 15th, Environment Minister Steven Guilbeault called for a “whole of government, whole of society approach” and new legislation to meet the government’s goal to protect thirty percent of Canada’s lands and waters by 2030. 

Scientists studying Canada's endangered species list are warning that wind turbines pose a significant threat to migratory bat species. This finding has particular relevance for Prince Edward Island (PEI) as it aims to expand its wind energy production. Acoustic monitoring has identified the calls of two bat species on PEI, the hoary bat and the eastern red bat, but more data is needed to understand their population sizes and migration patterns.