Brooks Animal Law Digest

Bill C-275, a federal ag-gag bill sponsored by Conservative Member of Parliament John Barlow, has been approved by the House of Commons Standing Committee on Agriculture and Agri-Food. The bill seeks to punish any person unlawfully on property where animals are kept if they know or are reckless as to whether doing so could result in exposing the animals to a disease or toxic substance. Animal protection groups, including Animal Justice, testified at the Committee to oppose the bill, arguing that it would conceal animal abuse on farms. Despite attempts by some Members of Parliament to amend the bill to ensure it doesn’t target whistleblowers, it passed virtually unchanged.

Directors of the Toronto Vegetarian Food Bank, Nital Jethalal and Matt Noble, along with Riana Topan from Humane Society International Canada, spoke at Toronto City Hall to urge the City of Toronto to reduce pollution and improve animal welfare and public health by promoting plant-based food options city-wide. Following their appeal, Councillor Dianne Saxe introduced two significant plant-forward motions. The first directs progress updates on Toronto's Cool Food Pledge and C40 Good Food Cities Declaration commitments. The second instructs a report on adopting a policy on plant-based purchasing savings for the city, promoting sustainable choices. Both motions were adopted by the council.

Mally’s Third Chance Raccoon Rescue in Kawartha Lakes, Ontario, says the provincial Ministry of Natural Resources and Forestry has seized ninety-five raccoons from its rehabilitation centre. The owners of the facility are accused of more than twenty violations of the Fish and Wildlife Conservation Act relating to failures to comply to its licensing conditions. The Ministry, which claims to have acted on a tip from the public, says that the raccoons are being cared for in a secure facility. A volunteer with Mally’s Third Chance noted that “every single raccoon on the property was seized” and that discovering the current location and health of the animals is their top priority.

A whistleblower's complaint prompted a PETA investigation into Ontario Water Buffalo Company, exposing extreme animal cruelty. Buffaloes, unsuited for freezing conditions, were found in squalid, cramped quarters, suffering from wounds, overgrown hooves, and uterine prolapses. The whistleblower also reported neglect, with sick animals denied proper care. PETA has submitted evidence of apparent violations of the Provincial Animal Welfare Services Act to Ontario’s Animal Welfare Services, but the conditions remain the same almost five months post-complaint, as documented in recent footage. Former Animal Care Review Board Chair, Dr. Mary Richardson, described the conditions as deplorable.

The governments of Canada and Nova Scotia have announced the Canada–Nova Scotia Nature Agreement, a collaborative effort to advance nature conservation and protection in the province. The agreement, backed by a $28.5 million investment over three years from the Canadian government, focuses on supporting Mi'kmaq-led nature initiatives, protecting sensitive habitats, recovering endangered species and migratory birds, and conserving new Crown and private land. The goal is to increase protected and conserved areas in Nova Scotia by 82,500 hectares by March 2026 and accelerate the conservation of twenty percent of the province's total land and water mass by 2030, aligning with Canada's national target of protecting thirty percent of its land and inland water by 2030.

Canada's Cabinet rejected an emergency order to protect the critically endangered northern spotted owl in British Columbia. Environment Minister Steven Guilbeault initially said he would recommend the emergency order under Canada's Species at Risk Act in February 2023 but delayed until September. During this period, the owl population plummeted from three to one, with only one wild-born owl remaining in the Fraser Canyon region. Two captive-bred owls released earlier this year were found dead, and another was injured and brought back to captivity. The Wilderness Committee, represented by Ecojustice, is challenging Guilbeault's eight-month delay in court, raising concerns about the government's adherence to the Species at Risk Act. The hearing is scheduled to take place the week of October 15th.

Svetlana V Feigin et al, “Proposed solutions to anthropogenic climate change: A systematic

literature review and a new way forward” (2023) 9:10 Heliyon.

Abstract: This review highlights one of the most important but overlooked pieces in the puzzle of solving the climate change problem – the gradual shift to a plant-based diet and global phaseout of factory (industrialized animal) farming, the most damaging and prolific form of animal agriculture. The gradual global phaseout of industrialized animal farming can be achieved by increasingly replacing animal meat and other animal products with plant-based products, ending government subsidies for animal-based meat, dairy, and eggs, and initiating taxes on such products. Failure to act will ultimately result in a scenario of irreversible climate change with widespread famine and disease, global devastation, climate refugees, and warfare. We therefore suggest an “All Life” approach, invoking the interconnectedness of all life forms on our planet. The logistics for achieving this include a global standardization of Environmental, Social, and Governance (ESG) or similar measures and the introduction of a regulatory body for verification of such measures. These approaches will help deliver environmental and sustainability benefits for our planet far beyond an immediate reduction in global warming.

The University of California Press has announced the launch Animal History, a groundbreaking new journal set for publication in 2025. This publication will showcase cutting-edge historical research delving into the intricate histories of animals and their relationships with humans. It aims to document the profound impacts animals have made on global cultures, languages, technologies, and environments, while also exploring the reciprocal effects of human actions on animals. By addressing a longstanding gap in historical scholarship, traditionally centered on human agency, Animal History will provide invaluable insights into the intertwined narratives of human and animal history, culture, language, and life.

The European Commission's decision to publish only one of four promised animal welfare proposals, focusing on animal protection during transport, has raised concerns among NGOs and activists. Despite public support, including 1.4 million signatures for initiatives like "End the Cage Age" and "Fur Free Europe," there is a growing fear that the proposed regulations concerning Kept Animals, Slaughter, and Labelling might be abandoned entirely. Eurogroup for Animals, along with other animal rights groups, continues to urge for comprehensive legislation, including bans on live exports and improvements in transport conditions, highlighting the urgent need to update the fifteen-year-old animal welfare rules.

The United States Supreme Court declined to hear North Carolina's appeal concerning a law preventing undercover employees from recording at farms and workplaces. This ruling solidifies People for the Ethical Treatment of Animals' (PETA) legal win against the 2015 law. PETA's challenge, aimed at investigating university testing laboratories, found support from the 4th US Circuit Court of Appeals. The court ruled that the law could not be applied to PETA and similar groups engaged in newsgathering activities. Advocates stressed the public's right to uncover illegal practices and highlighted the importance of exposing unsafe conditions.

The government of Denmark has released the world's first action plan for transitioning its food system towards plant-based practices. The comprehensive forty-page plan outlines Denmark's commitment to curbing greenhouse gas emissions by promoting plant-based food production and consumption. Besides fostering eco-friendly eating habits locally, the plan positions Denmark as a global leader in plant-based food exports. Initiatives span the entire supply chain, from producer training to encouraging culinary innovation. With substantial investments, including the creation of a Fund for Plant-Based Foods, Denmark aims to generate 13.5 billion kroner (approximately USD $1.9 billion) and generate 27,000 jobs.

Grocery giant Loblaws has updated its 2022 Environmental, Social and Governance report with information about its cage-free egg sale progress. The company now states that in 2022, the sale of cage-free eggs accounted for approximately seventeen percent of its total egg sales. Loblaws reaffirmed their commitment to eventually transitioning to 100% cage-free eggs in the report but still states that the 2025 deadline will not be met.

Council members for the Town of Fort Erie in Ontario dismissed a proposed backyard hen pilot project. The initiative arose from a resident's request, seeking permission to keep hens in urban areas. Town staff presented options for the pilot project. However, during the October 2nd council-in-committee meeting, Mayor Wayne Redekop and several councillors expressed concerns. They cited issues like biosecurity, potential conflicts between neighbours, and past experiences with chickens attracting rodents. Only one councillor advocated for public input before a decision was made. This marks the second time Fort Erie has debated and rejected such a project since 2019.

Bill C-275, a federal ag-gag bill sponsored by Conservative Member of Parliament John Barlow, has been approved by the House of Commons Standing Committee on Agriculture and Agri-Food. The bill seeks to punish any person unlawfully on property where animals are kept if they know or are reckless as to whether doing so could result in exposing the animals to a disease or toxic substance. Animal protection groups, including Animal Justice, testified at the Committee to oppose the bill, arguing that it would conceal animal abuse on farms. Despite attempts by some Members of Parliament to amend the bill to ensure it doesn’t target whistleblowers, it passed virtually unchanged.

Directors of the Toronto Vegetarian Food Bank, Nital Jethalal and Matt Noble, along with Riana Topan from Humane Society International Canada, spoke at Toronto City Hall to urge the City of Toronto to reduce pollution and improve animal welfare and public health by promoting plant-based food options city-wide. Following their appeal, Councillor Dianne Saxe introduced two significant plant-forward motions. The first directs progress updates on Toronto's Cool Food Pledge and C40 Good Food Cities Declaration commitments. The second instructs a report on adopting a policy on plant-based purchasing savings for the city, promoting sustainable choices. Both motions were adopted by the council.

In the Kootenay region of British Columbia, the Society for the Prevention of the Cruelty to Animals (BC SPCA) and Royal Canadian Mounted Police responded to a report about an individual squatting on Crown land with several animals believed to be in distress. The person, previously charged with animal cruelty and under a lifetime ban on owning animals in other provinces, had nine dogs and two cats in appalling conditions. The animals lacked adequate shelter, were tethered near rotting flesh, and had limited access to food and only dirty water to drink. They were immediately taken to a vet, as they were showing signs of infections, matted fur, and fear. The BC SPCA, stretched thin with animal welfare demands, condemned the individual's blatant disregard for animal welfare and plans to press charges.

The Ontario Animal Care Review Board (OACRB) dismissed Brenda Sauer's appeal to regain custody of twenty-seven dogs and one cat taken from her home by Animal Welfare Services (AWS). Sauer contested the removal under the Provincial Animal Welfare Services Act, claiming they were adequately cared for. However, an AWS inspector and veterinarian testified about the deplorable conditions in Sauer’s home, including overwhelming smells of urine and feces, garbage piles, and wet, soiled dogs. The OACRB also upheld two Statements of Account totalling $17,914 related to the costs of caring for the animals removed from Sauer’s home, finding the charges reasonable and essential for relieving the animals' distress.

Mally’s Third Chance Raccoon Rescue in Kawartha Lakes, Ontario, says the provincial Ministry of Natural Resources and Forestry has seized ninety-five raccoons from its rehabilitation centre. The owners of the facility are accused of more than twenty violations of the Fish and Wildlife Conservation Act relating to failures to comply to its licensing conditions. The Ministry, which claims to have acted on a tip from the public, says that the raccoons are being cared for in a secure facility. A volunteer with Mally’s Third Chance noted that “every single raccoon on the property was seized” and that discovering the current location and health of the animals is their top priority.

A coyote has been captured and euthanized after being caught attacking an unhoused person in Prince George, British Columbia (B.C.). According to the B.C. Conservation Officer Service, an RCMP officer responded to a call of the coyote attempting to bite someone sleeping outside. The officer stated that he is "very confident" the coyote was the same animal who attacked other vulnerable people in the area several days before, and that he is "100 per cent certain" the coyote had a reduced fear of humans due to people feeding them.

A whistleblower's complaint prompted a PETA investigation into Ontario Water Buffalo Company, exposing extreme animal cruelty. Buffaloes, unsuited for freezing conditions, were found in squalid, cramped quarters, suffering from wounds, overgrown hooves, and uterine prolapses. The whistleblower also reported neglect, with sick animals denied proper care. PETA has submitted evidence of apparent violations of the Provincial Animal Welfare Services Act to Ontario’s Animal Welfare Services, but the conditions remain the same almost five months post-complaint, as documented in recent footage. Former Animal Care Review Board Chair, Dr. Mary Richardson, described the conditions as deplorable.

The governments of Canada and Nova Scotia have announced the Canada–Nova Scotia Nature Agreement, a collaborative effort to advance nature conservation and protection in the province. The agreement, backed by a $28.5 million investment over three years from the Canadian government, focuses on supporting Mi'kmaq-led nature initiatives, protecting sensitive habitats, recovering endangered species and migratory birds, and conserving new Crown and private land. The goal is to increase protected and conserved areas in Nova Scotia by 82,500 hectares by March 2026 and accelerate the conservation of twenty percent of the province's total land and water mass by 2030, aligning with Canada's national target of protecting thirty percent of its land and inland water by 2030.

Prince Edward Island has reported its first rabies case in over a decade. A bat found in a Queens County home tested positive for the virus, marking the island's first documented case since 2009. The Canadian Wildlife Health Cooperative for the Atlantic region, which operates the bat hotline, submitted the animal for testing to the Canadian Food Inspection Agency lab in Ottawa after displays of abnormal behaviour. Although rabies is rare in humans from bat contact, public health officials advise residents to be cautious. Islanders are encouraged to contact the bat hotline or the Fish and Wildlife Division office if they encounter a bat indoors.

Canada's Cabinet rejected an emergency order to protect the critically endangered northern spotted owl in British Columbia. Environment Minister Steven Guilbeault initially said he would recommend the emergency order under Canada's Species at Risk Act in February 2023 but delayed until September. During this period, the owl population plummeted from three to one, with only one wild-born owl remaining in the Fraser Canyon region. Two captive-bred owls released earlier this year were found dead, and another was injured and brought back to captivity. The Wilderness Committee, represented by Ecojustice, is challenging Guilbeault's eight-month delay in court, raising concerns about the government's adherence to the Species at Risk Act. The hearing is scheduled to take place the week of October 15th.

Steve Cooke, “What Are Animal Rights For?” (UK: Bristol University Press, 2023).

Summary: The field of animal rights raises big questions about how humans treat the other animals with which we share the planet. These questions are becoming more pressing as livestock farming exerts an ever-greater toll on the planet and the animals themselves, and we learn more about their capacity to think and experience pain. This book shows why animals ought to have greater rights and what the world might look like if they did.

Caroline Ritter, a Canada Research Chair at the University of Prince Edward Island (UPEI), has secured a $212,060 Social Sciences and Humanities Research Council Insight Grant for her project exploring the challenges faced by pet owners and veterinarians when balancing animal welfare and personal considerations. Titled "An application of cognitive dissonance theory to decisions affecting animal welfare," her research delves into the emotional turmoil experienced by individuals making tough choices like euthanizing a pet. The study aims to address this cognitive dissonance and potentially aid in mental health support for veterinarians and livestock farmers. She also received an extra $30,000 from the AVC Graduate Student Stipend Support Fund.

Svetlana V Feigin et al, “Proposed solutions to anthropogenic climate change: A systematic

literature review and a new way forward” (2023) 9:10 Heliyon.

Abstract: This review highlights one of the most important but overlooked pieces in the puzzle of solving the climate change problem – the gradual shift to a plant-based diet and global phaseout of factory (industrialized animal) farming, the most damaging and prolific form of animal agriculture. The gradual global phaseout of industrialized animal farming can be achieved by increasingly replacing animal meat and other animal products with plant-based products, ending government subsidies for animal-based meat, dairy, and eggs, and initiating taxes on such products. Failure to act will ultimately result in a scenario of irreversible climate change with widespread famine and disease, global devastation, climate refugees, and warfare. We therefore suggest an “All Life” approach, invoking the interconnectedness of all life forms on our planet. The logistics for achieving this include a global standardization of Environmental, Social, and Governance (ESG) or similar measures and the introduction of a regulatory body for verification of such measures. These approaches will help deliver environmental and sustainability benefits for our planet far beyond an immediate reduction in global warming.

The University of California Press has announced the launch Animal History, a groundbreaking new journal set for publication in 2025. This publication will showcase cutting-edge historical research delving into the intricate histories of animals and their relationships with humans. It aims to document the profound impacts animals have made on global cultures, languages, technologies, and environments, while also exploring the reciprocal effects of human actions on animals. By addressing a longstanding gap in historical scholarship, traditionally centered on human agency, Animal History will provide invaluable insights into the intertwined narratives of human and animal history, culture, language, and life.

Bhagavan Antle, famously known as "Doc Antle" from the Netflix series "Tiger King," has been sentenced in Frederick County, Virginia. He was found guilty of illegally purchasing endangered lion cubs for his South Carolina zoo, leading to convictions on two felony counts of wildlife trafficking and conspiracy. Antle received a two-year suspended sentence for each felony charge, totaling $10,000 in fines. Additionally, he is banned from dealing in exotic animals in Virginia for five years. Attorney General Jason Miyares emphasized that this ruling underscores Virginia's strict stance against wildlife traffickers.

In an effort to curb widespread avian influenza outbreaks, South Africa has killed 7.5 million chickens, with over 205,000 birds succumbing to the disease across sixty outbreaks, mainly in Gauteng province. The drastic measure targeted both meat and egg-laying chickens, amounting to twenty to thirty percent of the country's chicken population. South Africa is now exploring the process of importing vaccines, while neighbouring Namibia has imposed a ban on poultry imports from the affected country.

In response to the overcrowding crisis in city-run animal shelters, the Los Angeles City Council's Neighborhoods and Community Enrichment Committee voted in favour of a temporary moratorium on dog breeding licenses. Staycee Dains, the Animal Services Department's general manager, emphasized that breeding was not a supported activity and accused pro-breeding organizations of contributing to the shelter's burden. The proposal, which halts breeding permits until shelters fall below seventy-five percent capacity, now heads to the full City Council for consideration.

The European Commission's decision to publish only one of four promised animal welfare proposals, focusing on animal protection during transport, has raised concerns among NGOs and activists. Despite public support, including 1.4 million signatures for initiatives like "End the Cage Age" and "Fur Free Europe," there is a growing fear that the proposed regulations concerning Kept Animals, Slaughter, and Labelling might be abandoned entirely. Eurogroup for Animals, along with other animal rights groups, continues to urge for comprehensive legislation, including bans on live exports and improvements in transport conditions, highlighting the urgent need to update the fifteen-year-old animal welfare rules.

Animal rights activists are protesting the traditional Kambala buffalo race in Karnataka, India, through the "Kindness for Kambala Karnataka" petition. This ancient practice, part of Karnataka's winter festivities, involves racers sprinting alongside buffaloes in waterlogged fields and using whips. Despite its cultural and religious significance, Kambala has faced scrutiny due to animal welfare concerns. Initially banned in 2014, it was re-legalized in 2017 with the Supreme Court of India advising farmers not to whip animals during the race. Activists are now urging humane animal treatment, emphasizing the prevention of unnecessary suffering, ahead of the scheduled event in Bengaluru's Palace Grounds on November 25th and 26th.

China's central government has announced regulations mandating ethics reviews for research involving humans, animals, and artificial intelligence (AI). Effective from December 1st, 2023, the rules will require universities, hospitals, enterprises, and research institutions to conduct ethics assessments on seven specific types of research, such as brain-computer interfaces and AI systems shaping public opinion. These reviews, overseen by third-party experts, aim to standardize ethical practices and promote responsible innovation. Institutions engaged in sensitive research areas must establish ethics review committees, with the power to cancel projects deemed ethically problematic.

Highly pathogenic avian influenza has reappeared in United States commercial poultry flocks this season, impacting two turkey farms in South Dakota and Utah. The virus, which is fatal to commercial poultry, was identified in a flock of 47,300 turkeys in Jerauld County, South Dakota, and at a farm with 141,800 birds in Sanpete County, Utah, according to the United States Department of Agriculture. The outbreaks are the first reported among commercial flocks in the US since the disease affected two turkey farms in the Dakotas in April, but experts say that more cases are highly likely due to the start of migration season for wild birds. Past avian influenza outbreaks have cost the US government over one billion dollars and have resulted in the deaths of tens of millions of birds.

Malaysia's Wildlife Department defended its use of puppies as live bait to capture black panthers. The department used puppies after attempts with a goat failed. The Wildlife Department Director General stated that using live animals is standard procedure, and the puppies were unharmed and swiftly released once the panther was caught. The operation faced criticism from animal rights groups, with calls for more ethical methods. Panthers in Malaysia are a protected species, but they sometimes stray into villages due to habitat loss.

The United States Supreme Court declined to hear North Carolina's appeal concerning a law preventing undercover employees from recording at farms and workplaces. This ruling solidifies People for the Ethical Treatment of Animals' (PETA) legal win against the 2015 law. PETA's challenge, aimed at investigating university testing laboratories, found support from the 4th US Circuit Court of Appeals. The court ruled that the law could not be applied to PETA and similar groups engaged in newsgathering activities. Advocates stressed the public's right to uncover illegal practices and highlighted the importance of exposing unsafe conditions.

The government of Denmark has released the world's first action plan for transitioning its food system towards plant-based practices. The comprehensive forty-page plan outlines Denmark's commitment to curbing greenhouse gas emissions by promoting plant-based food production and consumption. Besides fostering eco-friendly eating habits locally, the plan positions Denmark as a global leader in plant-based food exports. Initiatives span the entire supply chain, from producer training to encouraging culinary innovation. With substantial investments, including the creation of a Fund for Plant-Based Foods, Denmark aims to generate 13.5 billion kroner (approximately USD $1.9 billion) and generate 27,000 jobs.

In northern Ontario, a family's pet turkey named Bo Bansome was kept off the Thanksgiving menu thanks to the vigilance of their granddaughter. Rita Wing from Bruce Mines revealed that her granddaughter made sure Bo Bansome wore a safety vest to make him visible to hunters. Bo Bansome, a one-and-a-half-year-old turkey, earned his name due to his charming appearance. Fortunately, the area's hunting regulations only allow wild turkey hunting in the spring, which helped to prevent any harm to the beloved pet during the Thanksgiving season.

Grocery giant Loblaws has updated its 2022 Environmental, Social and Governance report with information about its cage-free egg sale progress. The company now states that in 2022, the sale of cage-free eggs accounted for approximately seventeen percent of its total egg sales. Loblaws reaffirmed their commitment to eventually transitioning to 100% cage-free eggs in the report but still states that the 2025 deadline will not be met.