The Saskatoon Society for the Prevention of Cruelty to Animals has announced that it will stop investigating animal abuse and neglect complaints beginning April 1st, 2022. A major reason for the decision is the lack of provincial funding. Saskatchewan’s two largest cities, Saskatoon and Regina, are not currently receiving that funding from the Animal Protection Services of Saskatchewan despite the fact that animal services are a provincial rather than a municipal responsibility. Although the Saskatoon SPCA applied for funding in November 2021, they were denied. The announcement follows similar decisions by the Edmonton Humane Society in January 2019 and the Ontario SPCA in March 2019 to withdraw from active investigations and enforcement (although the reasons for the decisions differ somewhat). Discussions have begun to address the upcoming gap in enforcement in the City of Saskatoon. Read more here.
Issue 8: January 31, 2022
Spotlights
Enforcement Updates
Vancouver Company Fined for Illegal Shark Fin Imports
A Vancouver company has been fined $75,000 after it was caught importing more than 20,000 shark fins in September 2017. Although the investigation occured before Canada’s Federal Shark Fin Ban, some of the fins came from protected sharks, which were illegal to import even before the ban. The fine will support the Environmental Damages Fund to support projects that benefit the environment. The name of the company, Hang Hing Herbal Medicine Ltd., will be added to the Environmental Offenders Registry. Read more here.
Montreal SPCA Drafts and Offers “Animal Custody Agreement”
The Montreal Society for the Prevention of Cruelty to Animals has drafted an “Animal Custody Agreement” to fill the gap in family law, which still considers animals as property. With recognition that - statistically - the average life of a companion animal lasts longer than the average marriage/common-law partnership, the Montreal SPCA has drafted and made available a template agreement for pet custody for those who wish to prepare for their companion animal in the case of separation. The agreement is part of a campaign seeking changes to Quebec’s Civil Code to consider the best interest of the animal in family law situations. Read the draft agreement and learn about the campaign here.
Academic Updates
New Social Science Article Published
Kendra Coulter, “The Organization of Animal Protection Investigations and the Animal Harm Spectrum: Canadian Data, International Lessons” (2022) 11:1 Social Sciences, 22.
Abstract: This paper offers the first overview of the Canadian animal cruelty investigations landscape. First, the public and private sector organizations responsible for enforcement are explained, followed by examination of the implications of this patchwork for reporting suspected cruelty. Key statistical data are presented about the types of issues and cases and investigator responses. Initial recommendations are then proposed, and the value of the animal harm spectrum is discussed, including how it can be mobilized to strengthen the operations of animal protection work and animal welfare policy across nations.
New Academic Article in Rewritten Judicial Opinions Series
Angela Fernandez, “Pierson v. Post, 3 Cai. R. 175 (N.Y. Sup. Ct. 1805) Justice Angela Fernandez, Dissenting” in Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., Feminist Judgments: Rewritten Property Opinions (UK: Cambridge University Press, 2022), 98-118.
Summary: Angela Fernandez, author of Pierson v. Post, the Hunt for the Fox: Law and Professionalization in American Legal Culture (Cambridge: Cambridge University Press, 2018), presents her rewritten judgment in the (in)famous fox hunting property law case about first possession of a wild animal. It appears after a commentary on the case by Jill Fraley. Drawing on Fernandez’s extensive historical work on Pierson v. Post, this rewritten decision explores further key authorities, lays out overlooked facts, examines crucial distortions in the framing, discusses the capture rule and the environment, and critiques the (gendered) unprofessionalism on display. Written in an old fashioned style, this concurring dissent seeks to emulate the mixture of solemn and silly in the original dissent but in a way that this time gives the fox a voice. Fernandez has her emphatically say neither of the parties own her, she owns herself.
Legislative Updates
City of Winnipeg Approves Pet Bylaw Changes at Standing Policy Committee
As part of the ongoing legislative process regarding the recommended changes to the City of Winnipeg’s Responsible Pet Ownership Bylaw, the Standing Policy Committee on Protection, Community Services, and Parks heard testimony from interested parties. The Committee heard from eleven delegates, including Kaitlyn Mitchell (representing Animal Justice) and Jessica Miller (representing the Winnipeg Humane Society). See the full Committee meeting here. The Committee approves the proposed changes. See the Report here.
City of Iqaluit Changes Fees for Companion Animals in Consolidated Fees and Charges Bylaw
The City of Iqaluit in Nunavut has updated its animal control bylaw regarding licensing fees for companion animals. There is no longer an annual fee for unaltered, spayed, or neutered cats and dogs. Fees remain - although have been varied somewhat - for licensing of a “vicious” dog (as designated by a court), impound fees, replacement tags, and daycare and sustenance fees. Read the revised fee schedule here.
Enforcement Updates
Saskatoon SPCA to Stop Enforcement of Saskatchewan’s Animal Protection Act
The Saskatoon Society for the Prevention of Cruelty to Animals has announced that it will stop investigating animal abuse and neglect complaints beginning April 1st, 2022. A major reason for the decision is the lack of provincial funding. Saskatchewan’s two largest cities, Saskatoon and Regina, are not currently receiving that funding from the Animal Protection Services of Saskatchewan despite the fact that animal services are a provincial rather than a municipal responsibility. Although the Saskatoon SPCA applied for funding in November 2021, they were denied. The announcement follows similar decisions by the Edmonton Humane Society in January 2019 and the Ontario SPCA in March 2019 to withdraw from active investigations and enforcement (although the reasons for the decisions differ somewhat). Discussions have begun to address the upcoming gap in enforcement in the City of Saskatoon. Read more here.
Vancouver Company Fined for Illegal Shark Fin Imports
A Vancouver company has been fined $75,000 after it was caught importing more than 20,000 shark fins in September 2017. Although the investigation occured before Canada’s Federal Shark Fin Ban, some of the fins came from protected sharks, which were illegal to import even before the ban. The fine will support the Environmental Damages Fund to support projects that benefit the environment. The name of the company, Hang Hing Herbal Medicine Ltd., will be added to the Environmental Offenders Registry. Read more here.
Montreal SPCA Drafts and Offers “Animal Custody Agreement”
The Montreal Society for the Prevention of Cruelty to Animals has drafted an “Animal Custody Agreement” to fill the gap in family law, which still considers animals as property. With recognition that - statistically - the average life of a companion animal lasts longer than the average marriage/common-law partnership, the Montreal SPCA has drafted and made available a template agreement for pet custody for those who wish to prepare for their companion animal in the case of separation. The agreement is part of a campaign seeking changes to Quebec’s Civil Code to consider the best interest of the animal in family law situations. Read the draft agreement and learn about the campaign here.
British Columbia SPCA Seizes 216 Individuals from Cow Farm
The British Columbia Society for the Prevention of Cruelty to Animals seized a total of 216 cows (including eighty calves) from a property on January 19th and 20th. A warrant was granted for the removal of the animals after the cows were found to be in poor condition, lacking sufficient food and water, as well as veterinary care, along with poor living conditions. The BC SPCA is reported to be recommending that Crown counsel bring charges of criminal animal cruelty. Read more here.
Academic Updates
New Social Science Article Published
Kendra Coulter, “The Organization of Animal Protection Investigations and the Animal Harm Spectrum: Canadian Data, International Lessons” (2022) 11:1 Social Sciences, 22.
Abstract: This paper offers the first overview of the Canadian animal cruelty investigations landscape. First, the public and private sector organizations responsible for enforcement are explained, followed by examination of the implications of this patchwork for reporting suspected cruelty. Key statistical data are presented about the types of issues and cases and investigator responses. Initial recommendations are then proposed, and the value of the animal harm spectrum is discussed, including how it can be mobilized to strengthen the operations of animal protection work and animal welfare policy across nations.
New Academic Article in Rewritten Judicial Opinions Series
Angela Fernandez, “Pierson v. Post, 3 Cai. R. 175 (N.Y. Sup. Ct. 1805) Justice Angela Fernandez, Dissenting” in Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., Feminist Judgments: Rewritten Property Opinions (UK: Cambridge University Press, 2022), 98-118.
Summary: Angela Fernandez, author of Pierson v. Post, the Hunt for the Fox: Law and Professionalization in American Legal Culture (Cambridge: Cambridge University Press, 2018), presents her rewritten judgment in the (in)famous fox hunting property law case about first possession of a wild animal. It appears after a commentary on the case by Jill Fraley. Drawing on Fernandez’s extensive historical work on Pierson v. Post, this rewritten decision explores further key authorities, lays out overlooked facts, examines crucial distortions in the framing, discusses the capture rule and the environment, and critiques the (gendered) unprofessionalism on display. Written in an old fashioned style, this concurring dissent seeks to emulate the mixture of solemn and silly in the original dissent but in a way that this time gives the fox a voice. Fernandez has her emphatically say neither of the parties own her, she owns herself.
New Academic Article Highlights Issues in Canadian Aquaculture
Leigh P. Gaffney & J. Michelle Lavery, “Research Before Policy: Identifying Gaps in Salmonid Welfare Research That Require Further Study to Inform Evidence-Based Aquaculture Guidelines in Canada” (2022) Frontiers of Veterinary Science.
Abstract: Aquaculture is a growing industry worldwide and Canadian finfish culture is dominated by marine salmonid farming. In part due to increasing public and stakeholder concerns around fish welfare protection, the first-ever Canadian Code of Practice for the Care and Handling of Farmed Salmonids was recently completed, following the National Farm Animal Care Council's (NFACC) rigorous Code development process. During this process, both the Scientific (responsible for reviewing existing literature and producing a peer-reviewed report that informs the Code) and Code Development (a diverse group of stakeholders including aquaculture producers, fish transporters, aquaculture veterinarians, animal welfare advocates, food retailers, government, and researchers) Committees identified research gaps in tandem, as they worked through the literature on salmonid physiology, health, husbandry, and welfare. When those lists are combined with the results of a public “top-of-mind” survey conducted by NFACC, they reveal several overlapping areas of scientific, stakeholder, and public concern where scientific evidence is currently lacking: (1) biodensity; (2) health monitoring and management, with a focus on sea lice infection prevention and management; (3) feed quality and management, particularly whether feed restriction or deprivation has consequences for welfare; (4) enclosure design, especially focused on environmental enrichment provision and lighting design; and (5) slaughter and euthanasia. For each of these five research areas, we provide a brief overview of current research on the topic and outline the specific research gaps present. The final section of this review identifies future research avenues that will help address these research gaps, including using existing paradigms developed by terrestrial animal welfare researchers, developing novel methods for assessing fish welfare, and the validation of new salmonid welfare indices. We conclude that there is no dearth of relevant research to be done in the realm of farmed salmonid welfare that can support crucial evidence-based fish welfare policy development.
The Canada Edition of the Animal Law Digest is published twice monthly in collaboration with the University of Toronto Faculty of Law.