Following the consultation period which ran over the Summer of 2021, the City of Winnipeg has consolidated recommendations for changes to the Responsible Pet Ownership Bylaw. Recommendations include: (i) live outdoor traps must be checked once per day; (ii) a prohibition on feeding wildlife (except the use of bird feeders); (iii) a license structure for domesticated pets and several recommendations regarding the spaying/neutering of companion animals; and (iv) several other recommendations related to prohibiting harmful practices (including pet tethering and weather recommendations). The recommendations will be considered by the City Council on January 14th. Read the report and recommendations here.
Spotlights
Legislative Updates
City of Winnipeg Recommends Changes to the Responsible Pet Ownership Bylaw
Litigation Updates
Animal Justice Argues on Legal Standing at the Supreme Court of Canada
Animal Justice intervened before the Supreme Court of Canada in British Columbia (AG) v Council of Canadians with Disabilities. Lawyer Kaitlin Mitchell highlighted the difficulties that public interest groups representing animals face under all three branches of the current public interest standing test. Mitchell also argued the importance of access to justice for vulnerable groups such as animals. Read more and view the webcast here.
Animal Justice intervened before the Supreme Court of Canada in British Columbia (AG) v Council of Canadians with Disabilities. Lawyer Kaitlin Mitchell highlighted the difficulties that public interest groups representing animals face under all three branches of the current public interest standing test. Mitchell also argued the importance of access to justice for vulnerable groups such as animals. Read more and view the webcast here.
Academic Updates
Two Animal Law Chapters in Academic Text Published by Two Canadian Editors
Angela Fernandez, “Fish Farms in Canada: Where is the Law?” in James Gacek and Richard Jochelson eds., Green Criminology and the Law (NY: Palgrave Macmillan, 2022), 113-45.
Abstract: Mass farmed fish die-offs and escapes have brought attention to the aquaculture industry and raised concerns about whether the law regulating this industry is adequate to protect fish and the environment in which they live. Focusing on a “mass asphyxiation” mortality event that took place in Newfoundland, Canada, at the end of the summer of 2019, this chapter will survey some of the issues related to animal welfare and the “green harms” raised by this incident with an eye to the wider implications for fields of law relating to nonhuman animals and the environment. One would think that the law would be protective toward the vulnerable interests of these entities. What we find, on the contrary, is weak law and what law there is facilitating government-supported industry use. This case study demonstrates that the law is failing to protect nonhuman animals, specifically fish, reflecting and reinforcing their poor regard, and leaving them to a terrible fate.
Justin Marceau, “Palliative Animal Law: The War on Animal Cruelty” in James Gacek and Richard Jochelson eds., Green Criminology and the Law (NY: Palgrave Macmillan, 2022), 217-233.
Abstract: In 2019 President Donald Trump signed into law the Preventing Animal Cruelty and Torture (PACT) Act (Pub. L. No. 116–72, 133 Stat. 1151 [2019] [codified at 18 U.S.C. § 48].) Although every state already permitted felony animal cruelty liability, animal lawyers hailed the PACT Act as a “defining moment” for animal law because it allowed acts of animal cruelty to be charged as federal felonies.
Angela Fernandez, “Fish Farms in Canada: Where is the Law?” in James Gacek and Richard Jochelson eds., Green Criminology and the Law (NY: Palgrave Macmillan, 2022), 113-45.
Abstract: Mass farmed fish die-offs and escapes have brought attention to the aquaculture industry and raised concerns about whether the law regulating this industry is adequate to protect fish and the environment in which they live. Focusing on a “mass asphyxiation” mortality event that took place in Newfoundland, Canada, at the end of the summer of 2019, this chapter will survey some of the issues related to animal welfare and the “green harms” raised by this incident with an eye to the wider implications for fields of law relating to nonhuman animals and the environment. One would think that the law would be protective toward the vulnerable interests of these entities. What we find, on the contrary, is weak law and what law there is facilitating government-supported industry use. This case study demonstrates that the law is failing to protect nonhuman animals, specifically fish, reflecting and reinforcing their poor regard, and leaving them to a terrible fate.
Justin Marceau, “Palliative Animal Law: The War on Animal Cruelty” in James Gacek and Richard Jochelson eds., Green Criminology and the Law (NY: Palgrave Macmillan, 2022), 217-233.
Abstract: In 2019 President Donald Trump signed into law the Preventing Animal Cruelty and Torture (PACT) Act (Pub. L. No. 116–72, 133 Stat. 1151 [2019] [codified at 18 U.S.C. § 48].) Although every state already permitted felony animal cruelty liability, animal lawyers hailed the PACT Act as a “defining moment” for animal law because it allowed acts of animal cruelty to be charged as federal felonies.
Legislative Updates
NFACC Considering A Code of Practice for the Care and Handling of Dairy Cattle
The National Farmed Animal Care Council (NFACC) has opened the public comment period for a draft Code of Practice for the Care and Handling of Dairy Cattle. The proposed Code addresses housing, feed and water, handling, euthanasia, transport, and more. The public comment period will close January 27th, 2022. Read and comment on the draft Code here.
The National Farmed Animal Care Council (NFACC) has opened the public comment period for a draft Code of Practice for the Care and Handling of Dairy Cattle. The proposed Code addresses housing, feed and water, handling, euthanasia, transport, and more. The public comment period will close January 27th, 2022. Read and comment on the draft Code here.
City of Winnipeg Recommends Changes to the Responsible Pet Ownership Bylaw
Following the consultation period which ran over the Summer of 2021, the City of Winnipeg has consolidated recommendations for changes to the Responsible Pet Ownership Bylaw. Recommendations include: (i) live outdoor traps must be checked once per day; (ii) a prohibition on feeding wildlife (except the use of bird feeders); (iii) a license structure for domesticated pets and several recommendations regarding the spaying/neutering of companion animals; and (iv) several other recommendations related to prohibiting harmful practices (including pet tethering and weather recommendations). The recommendations will be considered by the City Council on January 14th. Read the report and recommendations here.
Following the consultation period which ran over the Summer of 2021, the City of Winnipeg has consolidated recommendations for changes to the Responsible Pet Ownership Bylaw. Recommendations include: (i) live outdoor traps must be checked once per day; (ii) a prohibition on feeding wildlife (except the use of bird feeders); (iii) a license structure for domesticated pets and several recommendations regarding the spaying/neutering of companion animals; and (iv) several other recommendations related to prohibiting harmful practices (including pet tethering and weather recommendations). The recommendations will be considered by the City Council on January 14th. Read the report and recommendations here.
Litigation Updates
Montreal Man Sentenced for Abusing Dog
A man from Montreal has been sentenced following a guilty plea to two counts of animal cruelty under the Criminal Code. The Montreal SPCA found the dog, Angie, with broken teeth, a punctured eye (which had to be removed), and head wounds. The man was sentenced to seven-months incarceration combined with a fifteen-year animal prohibition. Read more here.
A man from Montreal has been sentenced following a guilty plea to two counts of animal cruelty under the Criminal Code. The Montreal SPCA found the dog, Angie, with broken teeth, a punctured eye (which had to be removed), and head wounds. The man was sentenced to seven-months incarceration combined with a fifteen-year animal prohibition. Read more here.
Animal Justice Argues on Legal Standing at the Supreme Court of Canada
Animal Justice intervened before the Supreme Court of Canada in British Columbia (AG) v Council of Canadians with Disabilities. Lawyer Kaitlin Mitchell highlighted the difficulties that public interest groups representing animals face under all three branches of the current public interest standing test. Mitchell also argued the importance of access to justice for vulnerable groups such as animals. Read more and view the webcast here.
Animal Justice intervened before the Supreme Court of Canada in British Columbia (AG) v Council of Canadians with Disabilities. Lawyer Kaitlin Mitchell highlighted the difficulties that public interest groups representing animals face under all three branches of the current public interest standing test. Mitchell also argued the importance of access to justice for vulnerable groups such as animals. Read more and view the webcast here.
Enforcement Updates
Ontario Animal Welfare Services Allowed to Keep Over 200 Sled Dogs Seized
Following the seizure of 239 dogs used for sledding in October from Windrift Adventures, Ontario’s Animal Care Review Board has ordered the return of eleven puppies which were seized, but decided Ontario’s Animal Welfare Services may keep 224 of the dogs. Since the initial seizure, four dogs have either died or have been euthanized while in Animal Welfare Services’ custody. The adjudicator refused to return the rest of the dogs, finding that doing so would put them back in situations of distress. Read the decision here.
Following the seizure of 239 dogs used for sledding in October from Windrift Adventures, Ontario’s Animal Care Review Board has ordered the return of eleven puppies which were seized, but decided Ontario’s Animal Welfare Services may keep 224 of the dogs. Since the initial seizure, four dogs have either died or have been euthanized while in Animal Welfare Services’ custody. The adjudicator refused to return the rest of the dogs, finding that doing so would put them back in situations of distress. Read the decision here.
Academic Updates
International Updates
Spanish Government Minister Highlights Environmental Impacts of Factory Farming
In a recent interview, Spanish government Minister of Consumer Affairs, Alberto Garzón, drew attention to the effects of megafarms on climate change. Garzón went so far as to advocate that Spaniards need to stop eating meat altogether or eat far less meat for the sake of human and environmental health. His comments were immediately mocked and dismissed by both the Spanish Minister of Agriculture and Prime Minister. Read more here.
In a recent interview, Spanish government Minister of Consumer Affairs, Alberto Garzón, drew attention to the effects of megafarms on climate change. Garzón went so far as to advocate that Spaniards need to stop eating meat altogether or eat far less meat for the sake of human and environmental health. His comments were immediately mocked and dismissed by both the Spanish Minister of Agriculture and Prime Minister. Read more here.