Brooks Animal Law Digest

The government of Prince Edward Island is seeking public feedback on a new piece of legislation, the Dog Owners Act, which aims to enhance safety and control for dog owners. The Act will replace the outdated Dog Act from 1974 and will focus on updating dog control provisions, defining enforcement officers, establishing dog licensing requirements, addressing dangerous dogs, and providing a general section for improved enforcement. The new Act seeks to modernize the regulations and ensure effective means of enforcing safety measures in cases of potential danger involving dogs. The deadline to provide feedback is September 14th.

A Surrey veterinary hospital's request for an interim injunction to remove alleged "defamatory" TikTok videos has been denied by a British Columbia Supreme Court judge. The videos, posted by Victoria Veira, accuse the hospital of mistreating her dog, Charlie, during a neutering procedure, leading to an infection. The clinic sued Veira for defamation, claiming reputational damage and holding Veira responsible for the infection. Veira argued her comments were protected by “fair comment” and requested the suit's dismissal. The judge found that stifling Veira's freedom of speech before a trial on the merits was not justified, as the posts did not meet the high standard for an interlocutory injunction that restricts expression. The possibility of a settlement before the trial has been acknowledged by both parties' lawyers.

Three individuals in Quebec have been fined a total of $34,000 for their involvement in an illegal black bear gallbladder trafficking operation. They pleaded guilty to violating the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which protects threatened species in Canada. The fines were imposed by Environment and Climate Change Canada following reports of illegal organ trafficking between May 2017 and August 2018. The bear gallbladders' bile is highly sought after for its supposed healing properties, leading to their illegal sale on the black market for high sums.

The Ontario Divisional Court has dismissed an application for judicial review by Windrift Adventures challenging the decision of the Animal Care Review Board (ACRB) to uphold a Statement of Account in the amount of $505,760 for the continued care of over 200 dogs seized from their properties in 2021. Initially, Windrift was billed $969,296, which was later reduced by the Chief Animal Welfare Inspector (CAWI) to $881,776.59, and further varied by the Board. Windrift’s main argument was that the Board awarded over half a million dollars’ worth of boarding fees without having any evidence that the care provided at the kennels met the required standard of care. The court disagreed, noting that the ACRB heard testimony from CAWI and veterinarians regarding the care that the dogs received at the kennels, which was supported by invoices related to their medical care. The court also dismissed an application for judicial review by CAWI claiming that the ACRB erred when it failed to allow the full amount claimed for boarding and when it disallowed the amounts charged for transportation and veterinary bills. The Court found no such errors were made.

The Ontario government has established the Monarch Point Conservation Reserve, the province's first new conservation reserve in over a decade. Spanning nearly 4000 acres along Prince Edward County's south shores, the reserve aims to safeguard the habitat of the monarch butterfly and other at-risk species. It also serves as a destination for nature-based tourism, offering opportunities for hiking and birdwatching. The project resulted from collaboration with local stakeholders, Indigenous communities, and conservation groups. The reserve is recognized as an International Monarch Butterfly Reserve and an Important Bird and Biodiversity Area.

According to new information posted on the British Columbia’s caribou recovery program website, the province spent $1.65 million on a taxpayer-funded program aimed at recovering caribou populations. The program involved tracking and shooting 217 wolves from helicopters and using hunting dogs to kill eight cougars. Critics argue that this approach contradicts research showing the ineffectiveness of wolf culls in saving endangered caribou. A recent survey conducted by The Fur-Bearers also revealed that sixty-eight percent of Canadians oppose killing wolves for conservation purposes, even if it means saving another species.

The “Animal Markets and Zoonotic Disease in the United States” report, published by the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School in conjunction with the Center for Environmental and Animal Protection at New York University, has garnered widespread media attention from various outlets worldwide. Analyzing thirty-six animal industries, including exotic pet trade and backyard chicken production, the report assessed their potential risks for zoonotic disease outbreaks. The findings were prominently featured on the front page of The New York Times' ScienceTimes section and USA Today, warning of the staggering risks posed by US animal industries. Another aspect of the report was discussed in The New York Times' Science section, focusing on the possibility of a new pandemic originating at county fairs. The report features photographs by Canadian photo-journalist Jo-Anne McArthur. Brooks Animal Studies Academic Network (BASAN) collaborators from two Canadian universities, the University of Toronto’s Faculty of Law and the University of Victoria’s Animals & Society Research Initiative, provided resources and research assistance funded by the Brooks Institute for Animal Rights Law & Policy.

Iyan Offor, “Global Animal Law from the Margins: International Trade in Animals and their Bodies” (UK: Routledge, 2023).

Summary: This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law.

Switch4Good et al, “Let The Plant-based Games Begin: Optimizing Athletic Performance with Plant-based Nutrition” (2023)

Summary: “Let The Plant-based Games Begin” was written in collaboration with the International Olympic Committee to serve as the definitive playbook to help athletes make the transition to a plant-based diet successfully. A team of doctors, nutritionists and dietitians provide scientific evidence that reassures athletes that they will get more than enough protein, carbohydrates and healthy fats to enhance their athletic performance while their research reveals that eating plants will significantly speed up recovery time, reduce inflammation, and help alleviate muscle and joint soreness.

This one-of-a-kind playbook offers detailed accounts from Olympic medal winners and pro athletes who share the many benefits they experienced when they made the switch, with many upping their game and reaching levels they never thought possible. Some of these athletes divulge their winning meal plans and favorite recipes in these pages that you can use to optimize your performance via the biological rocket fuel found only in plants!

Animal Justice has released a new report examining disease outbreaks on Canadian farms. The report, an update to a previous version, uses data from the Canadian Food Inspection Agency (CFIA) to show that disease outbreaks are often linked to subpar farm practices and inadequate biosecurity. The report aims to counter the argument made by animal agriculture lobby groups and lawmakers that “agricultural gag” laws (commonly known as “ag gag” laws) are essential to prevent farm-related disease outbreaks and ensure food safety. It disputes the notion that animal advocates are to blame for diseases, emphasizing that documented outbreaks are primarily a result of farm operators' actions.

Italy has introduced draft legislation to the European Commission, seeking to ban cultivated meat and plant-based proteins labeled as meat. Citing concerns for health and cultural heritage, the legislation aims to prohibit using food produced from cell cultures or vertebrate animal tissues. The draft also seeks to prohibit processed products containing exclusively vegetable proteins from being labeled with certain “meat-related” terms. Violators could face fines and other administrative actions. The European Commission will review the draft, and other EU Member States can provide their opinions on the matter.

The Triple S Fair and Rodeo in Selkirk, Manitoba, is updating its rules to require the presence of a qualified veterinarian during its events, following a tragic incident where a horse broke its back leg and was euthanized. The province's Animal Health and Welfare Branch is investigating the incident, prompted by reports from the Winnipeg Humane Society and Animal Justice. A video of the accident showed the distressed horse falling during a bronc riding event. Notably, Manitoba's rodeos currently lack legal requirements for on-site veterinarians.

The Manitoba government has announced new amendments to the Wildlife Protection Regulation regarding the mandatory sampling requirements for chronic wasting disease (CWD), an incurable and fatal disease that affects members of the deer family including mule deer, white-tailed deer, elk, moose, and caribou. Licensed hunters in affected areas are required to test harvested animals. The amendments now permit hunters to provide testable tissue samples instead of the animal’s whole head. Additionally, the mandatory sample submission period has been extended to seven days, allowing hunters more time to extract samples. These changes seek to improve efficiency and response in dealing with CWD during peak hunting season.

The government of Prince Edward Island is seeking public feedback on a new piece of legislation, the Dog Owners Act, which aims to enhance safety and control for dog owners. The Act will replace the outdated Dog Act from 1974 and will focus on updating dog control provisions, defining enforcement officers, establishing dog licensing requirements, addressing dangerous dogs, and providing a general section for improved enforcement. The new Act seeks to modernize the regulations and ensure effective means of enforcing safety measures in cases of potential danger involving dogs. The deadline to provide feedback is September 14th.

Megan Lafferty is urging the City of Montreal to adopt stricter bylaws for situations in which humans are bitten by dogs after her seven-year-old daughter, Athena, suffered a severe dog bite, requiring twenty stitches. The city opened a case and evaluated the dog, who will not be euthanized. Megan wants the bylaw changed to mandate euthanization for such cases. Current regulations are in effect until August 22, and the City of Montreal has not responded to media inquiries. Veterinarian Enid Stiles noted that dog behaviour is complex and multiple factors should be considered in such cases.

A Surrey veterinary hospital's request for an interim injunction to remove alleged "defamatory" TikTok videos has been denied by a British Columbia Supreme Court judge. The videos, posted by Victoria Veira, accuse the hospital of mistreating her dog, Charlie, during a neutering procedure, leading to an infection. The clinic sued Veira for defamation, claiming reputational damage and holding Veira responsible for the infection. Veira argued her comments were protected by “fair comment” and requested the suit's dismissal. The judge found that stifling Veira's freedom of speech before a trial on the merits was not justified, as the posts did not meet the high standard for an interlocutory injunction that restricts expression. The possibility of a settlement before the trial has been acknowledged by both parties' lawyers.

Aaron Kirkby, a twenty-seven-year-old Alberta man, has received a suspended sentence with probation for two years after he pled guilty to killing his cat by hitting the cat’s head against a wall six times in 2021. Kirkby's challenges (including those related to Fetal Alcohol Spectrum Disorder, Attention Deficit Hyperactivity Disorder, Post Traumatic Stress Disorder, and Reactive Detachment Disorder) were cited as contributing factors in the sentencing decision. Justice L.G. Anderson said he had no doubt that Kirkby’s actions were “directly tied to his neurological challenges.” Kirby’s sentence also includes a ten-year ban on caring for pets.

Three individuals in Quebec have been fined a total of $34,000 for their involvement in an illegal black bear gallbladder trafficking operation. They pleaded guilty to violating the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which protects threatened species in Canada. The fines were imposed by Environment and Climate Change Canada following reports of illegal organ trafficking between May 2017 and August 2018. The bear gallbladders' bile is highly sought after for its supposed healing properties, leading to their illegal sale on the black market for high sums.

Toronto police have charged forty-four-year-old Kenneth Grant in connection with a targeted shooting that resulted in the death of a man at an apartment in Etobicoke, Ontario. Grant is also accused of killing a police dog named Bingo during an interaction with officers while trying to evade arrest. Bingo was fatally shot during the incident, and Grant was injured by an officer's gunfire. As the investigation continues, it remains uncertain if Grant will face further charges related to the death of Bingo. A procession was held to honor Bingo, who had been in service since 2022.

The Grande Prairie Royal Canadian Mounted Police has launched an investigation into an animal cruelty complaint in Sexsmith, Alberta. On July 25th, officers responded to a report where they discovered a dog had been subjected to an inhumane death in what they believe to have been a targeted incident. While the investigation is in its early stages, authorities do not currently perceive a risk to other animals in the community.

A dog owner has been charged after reportedly leaving and locking their dog inside a hot vehicle in Grand Bend, Ontario. According to a social media post by the West Region Ontario Provincial Police, officers assisted in a rescue of the dog. When the owner returned, they were arrested and charged by police for causing injury to an animal.

The Ontario Animal Care Review Board upheld the decision of Animal Welfare Services (AWS) to remove forty-one cats from Valerie Guillaume’s one-bedroom apartment in Markham. After receiving a call that the cats in Guillaume’s care were living in unsanitary conditions, the animals were found in distress, with no access to food or water. The Board upheld the removal, stating that the animals were in distress and their removal was necessary. The Board also upheld the decision to keep the cats in care and the issuance of a Statement of Account totaling $23,969.95 under the Provincial Animal Welfare Services Act, 2019.

The Ontario Divisional Court has dismissed an application for judicial review by Windrift Adventures challenging the decision of the Animal Care Review Board (ACRB) to uphold a Statement of Account in the amount of $505,760 for the continued care of over 200 dogs seized from their properties in 2021. Initially, Windrift was billed $969,296, which was later reduced by the Chief Animal Welfare Inspector (CAWI) to $881,776.59, and further varied by the Board. Windrift’s main argument was that the Board awarded over half a million dollars’ worth of boarding fees without having any evidence that the care provided at the kennels met the required standard of care. The court disagreed, noting that the ACRB heard testimony from CAWI and veterinarians regarding the care that the dogs received at the kennels, which was supported by invoices related to their medical care. The court also dismissed an application for judicial review by CAWI claiming that the ACRB erred when it failed to allow the full amount claimed for boarding and when it disallowed the amounts charged for transportation and veterinary bills. The Court found no such errors were made.

The Manitoba government has approved $473,000 in funding through the Fish and Wildlife Enhancement Fund (FWEF) for new projects aimed at conserving and enhancing fish and wildlife populations. The projects will focus on infrastructure improvements, wildlife management area enhancements, and educational campaigns to engage communities with conservation efforts. An additional $750,000 contribution has been announced to support the 2024 FWEF grant process. Non-profit groups, local agencies, and research organizations can apply for funding to promote sustainable hunting and angling practices, protect critical habitat, and provide public access to angling and hunting opportunities.

The Ontario government has established the Monarch Point Conservation Reserve, the province's first new conservation reserve in over a decade. Spanning nearly 4000 acres along Prince Edward County's south shores, the reserve aims to safeguard the habitat of the monarch butterfly and other at-risk species. It also serves as a destination for nature-based tourism, offering opportunities for hiking and birdwatching. The project resulted from collaboration with local stakeholders, Indigenous communities, and conservation groups. The reserve is recognized as an International Monarch Butterfly Reserve and an Important Bird and Biodiversity Area.

According to new information posted on the British Columbia’s caribou recovery program website, the province spent $1.65 million on a taxpayer-funded program aimed at recovering caribou populations. The program involved tracking and shooting 217 wolves from helicopters and using hunting dogs to kill eight cougars. Critics argue that this approach contradicts research showing the ineffectiveness of wolf culls in saving endangered caribou. A recent survey conducted by The Fur-Bearers also revealed that sixty-eight percent of Canadians oppose killing wolves for conservation purposes, even if it means saving another species.

The Governments of Canada and Ontario are allocating up to $7.5 million through the Sustainable Canadian Agricultural Partnership (Sustainable CAP) to support agri-food businesses in enhancing their biosecurity measures. The Biosecurity Enhancement Initiative will assist farmers, food processors, and other agri-food businesses in enhancing their preparedness against diseases, protecting animal and plant health, and ensuring food safety. The initiative aims to enhance biosecurity in animal agriculture by promoting activities such as improved cleaning practices, isolation facilities, and disinfection measures.

The governments of Canada and Ontario are investing over $1.3 million through the Sustainable Canadian Agricultural Partnership (Sustainable CAP) to support beekeeper operations in Ontario. The Honey Bee Health Initiative aims to bolster the health and competitiveness of honey bee colonies. Eligible activities include equipment purchases to prevent disease spread and analysis work for best practices. The funding builds on previous programs, including the 2021 Honey Bee Health Management initiatives, and a recent $5 million commitment through AgriRecovery to offset losses of bee lives from extreme weather.

The “Animal Markets and Zoonotic Disease in the United States” report, published by the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School in conjunction with the Center for Environmental and Animal Protection at New York University, has garnered widespread media attention from various outlets worldwide. Analyzing thirty-six animal industries, including exotic pet trade and backyard chicken production, the report assessed their potential risks for zoonotic disease outbreaks. The findings were prominently featured on the front page of The New York Times' ScienceTimes section and USA Today, warning of the staggering risks posed by US animal industries. Another aspect of the report was discussed in The New York Times' Science section, focusing on the possibility of a new pandemic originating at county fairs. The report features photographs by Canadian photo-journalist Jo-Anne McArthur. Brooks Animal Studies Academic Network (BASAN) collaborators from two Canadian universities, the University of Toronto’s Faculty of Law and the University of Victoria’s Animals & Society Research Initiative, provided resources and research assistance funded by the Brooks Institute for Animal Rights Law & Policy.

University of Melbourne researchers have published a paper outlining potential harms to non-human animals caused by big data and Artificial Intelligence (AI) technologies. The paper highlights three ways AI can harm animals. Examples of intentional harms include AI-enabled drones for illegal wildlife trafficking, measures used to intensify factory farming, and ignoring small animals in self-driving cars. Indirect harms include biased outputs depicting animals negatively or reinforcing human-centered views, as seen in the fast food and fashion industries. The researchers hope the framework will prompt discussions about AI ethics and its impact on animal well-being and the environment.

The Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School released a report analyzing the Ending Agricultural Trade Suppression Act (EATS Act). The report highlights potential negative effects of the statute on states' rights, consumer safety, and farmers' livelihoods. The controversial EATS Act aims to prevent states and local jurisdictions from regulating agricultural products under interstate commerce. The report includes a state-by-state index of over 1000 laws that may be invalidated if the EATS Act becomes law. Notably, Iowa's laws safeguarding in-state pork, egg, and poultry producers from diseases like HPAI and African swine flu could face challenges.

Iyan Offor, “Global Animal Law from the Margins: International Trade in Animals and their Bodies” (UK: Routledge, 2023).

Summary: This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law.

Wildlife conservation and animal advocacy nonprofit Born Free USA released a comprehensive report, “Oceans Away from Home: The Suffering of Fish in Captivity,” shedding light on the overlooked and neglected conditions of fish held in captivity worldwide. The report, backed by evidence from investigations at popular United States aquariums, highlights the harmful effects of wild fish depletion for the private fish trade, inadequate fish welfare in touch tanks, and confirms fish sentience and capacity for suffering. Born Free USA is calling for an end to wild fish capture, banning touch tanks, providing legal protection for fish, and discouraging public visits to aquariums.

Switch4Good et al, “Let The Plant-based Games Begin: Optimizing Athletic Performance with Plant-based Nutrition” (2023)

Summary: “Let The Plant-based Games Begin” was written in collaboration with the International Olympic Committee to serve as the definitive playbook to help athletes make the transition to a plant-based diet successfully. A team of doctors, nutritionists and dietitians provide scientific evidence that reassures athletes that they will get more than enough protein, carbohydrates and healthy fats to enhance their athletic performance while their research reveals that eating plants will significantly speed up recovery time, reduce inflammation, and help alleviate muscle and joint soreness.

This one-of-a-kind playbook offers detailed accounts from Olympic medal winners and pro athletes who share the many benefits they experienced when they made the switch, with many upping their game and reaching levels they never thought possible. Some of these athletes divulge their winning meal plans and favorite recipes in these pages that you can use to optimize your performance via the biological rocket fuel found only in plants!

A new report from Food & Water Watch reveals alarming water abuse in the Colorado River Basin of the United States triggered by industrial agriculture sectors. The report, titled “Big Ag is Draining the Colorado River Dry,” highlights how water-intensive crops, particularly alfalfa, and expansive mega-dairies are jeopardizing water stability for over forty million Americans across seven states. The study stresses the urgent need for state and federal policies to address the crisis. Livestock feed crops, including alfalfa, consumed approximately two trillion gallons of water in 2022 alone, with livestock feed accounting for fifty-five percent of basin water usage. The report calls for action to protect this vital resource.

Animal Justice has released a new report examining disease outbreaks on Canadian farms. The report, an update to a previous version, uses data from the Canadian Food Inspection Agency (CFIA) to show that disease outbreaks are often linked to subpar farm practices and inadequate biosecurity. The report aims to counter the argument made by animal agriculture lobby groups and lawmakers that “agricultural gag” laws (commonly known as “ag gag” laws) are essential to prevent farm-related disease outbreaks and ensure food safety. It disputes the notion that animal advocates are to blame for diseases, emphasizing that documented outbreaks are primarily a result of farm operators' actions.

The United Kingdom government has pledged over £9 million in additional funding for Biodiversity Net Gain, making it compulsory for all major developments to deliver a ten percent benefit for nature. The initiative, established under the Environment Act, aims to halt species decline by 2030 by mandating the creation of new habitat and green spaces during construction projects. Additional funding will aid local authorities in hiring ecologists and specialists, generating green jobs. Organizations can also apply for “responsible body status” to secure conservation covenant agreements with landowners, preserving natural and heritage features.

Animal rights activists gathered near the Vatican on July 28th to urge Pope Francis to condemn bullfighting in the name of religion. The activists held a banner reading, “Catholic Church: Silence is Violence! Denounce bullfighting,” emphasizing that such events are sometimes held in honour of Catholic saints. The Vatican's press office did not respond to a request for comment.

At least eight dogs died during transportation to a K9 training facility in Michigan City, Indiana, in the United States, after the air conditioning unit in the cargo area of the truck failed. The driver was unaware of the failure as the cargo area was separated from the cabin he was in. A traffic delay caused the temperature to rise, leading to heat-related distress among some dogs. Despite efforts by emergency services and civilians, eight dogs succumbed to the extreme conditions. The Lake Station Police Department stated that the deaths were attributed to a mechanical failure and not animal cruelty or neglect.

A £20,000 plan to reduce the population of seagulls in Rhyl, Wales, by targeting their eggs has been abandoned. The Rhyl Business Improvement District funded the project three years ago to reduce hostile incidents between seagulls and humans by intervening before the embryos developed. All wild birds, nests, and eggs are protected under the Wildlife and Countryside Act 1981. While special licenses exist for exceptions, the opposition from animal rights advocates led to the plan's discontinuation.

Italy has introduced draft legislation to the European Commission, seeking to ban cultivated meat and plant-based proteins labeled as meat. Citing concerns for health and cultural heritage, the legislation aims to prohibit using food produced from cell cultures or vertebrate animal tissues. The draft also seeks to prohibit processed products containing exclusively vegetable proteins from being labeled with certain “meat-related” terms. Violators could face fines and other administrative actions. The European Commission will review the draft, and other EU Member States can provide their opinions on the matter.

The Wilder Institute/Calgary Zoo has released a statement confirming that Aslan, a twelve-year-old African lion, died while recovering from a veterinary exam. Officials say that the examination was done due to concerns about the “rapid onset” of symptoms related to Aslan’s previously-diagnosed kidney and cardiac disease. They say that although the examination went smoothly, his kidney disease had “significantly worsened” since his last exam. A necropsy will be conducted to firmly determine his cause of death.

A blue heron trapped in fish hooks was rescued by a kayaker and her friends in southwestern New Brunswick. Nancy Brown noticed the distressed bird during a kayaking trip on the Oromocto River. Despite an unsuccessful call to the Atlantic Wildlife Institute for help, Brown returned the next day with two friends. They were able to free the heron by snipping the fishing line and removing the hooks, after which the heron “got up and walked away.” The Atlantic Wildlife Institute says it receives calls like this frequently and urges the public to pick up any fishing gear they see that has been left behind.

The Triple S Fair and Rodeo in Selkirk, Manitoba, is updating its rules to require the presence of a qualified veterinarian during its events, following a tragic incident where a horse broke its back leg and was euthanized. The province's Animal Health and Welfare Branch is investigating the incident, prompted by reports from the Winnipeg Humane Society and Animal Justice. A video of the accident showed the distressed horse falling during a bronc riding event. Notably, Manitoba's rodeos currently lack legal requirements for on-site veterinarians.