A group of British Columbia mink breeders are suing the provincial government, claiming the ban on mink fur farming during the pandemic was not within the government’s powers. Following positive cases of COVID-19 among both employees and mink on several mink farms in BC, on July 26th 2021, an Order of the Provincial Health Officer prohibited new mink farms and new mink breeding until January 31st 2022. In November 2021, the province announced a phase-out of mink farming by 2025. The lawsuit filed on February 15th 2022 claims that the province’s order was ultra vires and that they failed to meaningfully consult with mink farmers before making the order. The lawsuit also comes weeks after the Federal government introduced Bill C-247: Prohibition of Fur Farming Act. Read more here.
Spotlights
Litigation Updates
British Columbia Mink Farmers Sue Provincial Government
Animal Organizations Sue Ontario Government Over Coyote Killing Contest
Animal Justice, Coyote Watch Canada, and the Fur-Bearers have launched a lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Although Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry - which governs hunting - has said the contest is legal, Animal Justice et al claims that the province is ignoring its own laws against incentivised hunting. Animal Justice et al points to Section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest. Read the news article here, and Animal Justice’s blog here.
Animal Justice, Coyote Watch Canada, and the Fur-Bearers have launched a lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Although Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry - which governs hunting - has said the contest is legal, Animal Justice et al claims that the province is ignoring its own laws against incentivised hunting. Animal Justice et al points to Section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest. Read the news article here, and Animal Justice’s blog here.
Enforcement Updates
Horse Slaughterhouse in Alberta Has Licence Suspended by CFIA
The Canadian Food Inspection Agency (CFIA) has announced a suspension of the Safe Food for Canadians licence of Bouvry Exports Calgary Ltd. The horse slaughterhouse failed to comply with regulations related to sanitation procedures, and preventative control measures for the detection of E. coli and temperature deviation in carcasses. There was no associated recall of any products. The licence may be reinstated by the CFIA if corrective measures are taken. Read the CFIA announcement here.
The Canadian Food Inspection Agency (CFIA) has announced a suspension of the Safe Food for Canadians licence of Bouvry Exports Calgary Ltd. The horse slaughterhouse failed to comply with regulations related to sanitation procedures, and preventative control measures for the detection of E. coli and temperature deviation in carcasses. There was no associated recall of any products. The licence may be reinstated by the CFIA if corrective measures are taken. Read the CFIA announcement here.
Academic Updates
New Book Review of Ernest Freeberg, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement, 2020.
Angela Fernandez, “Henry Bergh, The American Society for the Prevention of Cruelty to Animals, and the Horse” (21 February 2022) The Journal of Things We Like (Lots).
Angela Fernandez reviews Ernest Freeberg’s 2020 book, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement. The book details the history of Henry Bergh as he founded the first American Society for the Prevention of Cruelty to Animals (ASPCA) in 1886. The title of the book refers to Bergh as a traitor to humanity, and more so a pest to the population of New York where Bergh conducted his activism. Fernandez highlights how Berg was particularly moved to activism by horses, which were prevalently used by humans in the late 1800s. Fernandez draws a comparison between a flu that spread through North America’s horses in 1872 to the current COVID-19 pandemic and its effects on animals.
Angela Fernandez, “Henry Bergh, The American Society for the Prevention of Cruelty to Animals, and the Horse” (21 February 2022) The Journal of Things We Like (Lots).
Angela Fernandez reviews Ernest Freeberg’s 2020 book, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement. The book details the history of Henry Bergh as he founded the first American Society for the Prevention of Cruelty to Animals (ASPCA) in 1886. The title of the book refers to Bergh as a traitor to humanity, and more so a pest to the population of New York where Bergh conducted his activism. Fernandez highlights how Berg was particularly moved to activism by horses, which were prevalently used by humans in the late 1800s. Fernandez draws a comparison between a flu that spread through North America’s horses in 1872 to the current COVID-19 pandemic and its effects on animals.
Canadian Artist’s Painting Included in Martha Nussbaum’s Article in the New York Review of Books
A painting by Canadian artist Nancy Friedland appears in the March 10 2022 issue of the New York Review of Books accompanying an article written by American philosopher Martha Nussbaum, a free sneak peak of which is available here. The painting is called “Night Deer #5, 2022.” Nussbaum’s very rich review covers a number of scientific books, specifically Mama’s Last Hug: Animal Emotions and What They Tell Us About Ourselves by Frans de Waal, Dolphin Communication and Cognition: Past, Present, and Future edited by Denise L. Herzing and Christine M. Johnson, and Deep Thinkers: Inside the Minds of Whales, Dolphins, and Porpoises edited by Janet Mann. The review essay focuses on the theme of culturally transmitted learning among nonhuman animals and the body of “new learning about animal lives and their complexity” into which these books all fit. It also argues that the “so like us” argument for animal respect and protection of the “small group of animals whom judges are likely to view as close to humans” (apes and elephants) is misguided. Nussbaum also explains the application of a “capabilities approach” to nonhuman animals, which will presumably be explored in more depth in her forthcoming book Justice for Animals: Our Collective Responsibility in December 2022.
A painting by Canadian artist Nancy Friedland appears in the March 10 2022 issue of the New York Review of Books accompanying an article written by American philosopher Martha Nussbaum, a free sneak peak of which is available here. The painting is called “Night Deer #5, 2022.” Nussbaum’s very rich review covers a number of scientific books, specifically Mama’s Last Hug: Animal Emotions and What They Tell Us About Ourselves by Frans de Waal, Dolphin Communication and Cognition: Past, Present, and Future edited by Denise L. Herzing and Christine M. Johnson, and Deep Thinkers: Inside the Minds of Whales, Dolphins, and Porpoises edited by Janet Mann. The review essay focuses on the theme of culturally transmitted learning among nonhuman animals and the body of “new learning about animal lives and their complexity” into which these books all fit. It also argues that the “so like us” argument for animal respect and protection of the “small group of animals whom judges are likely to view as close to humans” (apes and elephants) is misguided. Nussbaum also explains the application of a “capabilities approach” to nonhuman animals, which will presumably be explored in more depth in her forthcoming book Justice for Animals: Our Collective Responsibility in December 2022.
International Updates
Ecuador’s Constitutional Court Rules Animals are Protected by Rights of Nature
Ecuador enshrined the Rights of Nature (RoN) in its Constitution in 2008. This sparked a question of whether RoN applied to ecosystems or biosystems, or to individuals within nature. Now, for the first time, Ecuador’s Constitutional Court has explicitly ruled that individual animals are protected by the RoN and that the protections include the free development of animal behaviour. This decision comes from the 27 January 2022 decision in the Mona Estrellita case (Estrellita the Monkey case). The case concerned a chorongo monkey named Estrellita, who was seized by the Ministry of Environment from a fifty-seven year-old librarian who described herself as Estrellita’s mother and caretaker. She attempted to bring an application for habeas corpus but unfortunately Estrellita died a few days after being transferred from a wildlife sanctuary to an eco-zoo. The Constitutional Court nevertheless chose this case as an opportunity to develop binding jurisprudence on the RoN as including the rights of the animal individuals who make up part of nature. Read the original case here (Spanish), and an article here (English).
Ecuador enshrined the Rights of Nature (RoN) in its Constitution in 2008. This sparked a question of whether RoN applied to ecosystems or biosystems, or to individuals within nature. Now, for the first time, Ecuador’s Constitutional Court has explicitly ruled that individual animals are protected by the RoN and that the protections include the free development of animal behaviour. This decision comes from the 27 January 2022 decision in the Mona Estrellita case (Estrellita the Monkey case). The case concerned a chorongo monkey named Estrellita, who was seized by the Ministry of Environment from a fifty-seven year-old librarian who described herself as Estrellita’s mother and caretaker. She attempted to bring an application for habeas corpus but unfortunately Estrellita died a few days after being transferred from a wildlife sanctuary to an eco-zoo. The Constitutional Court nevertheless chose this case as an opportunity to develop binding jurisprudence on the RoN as including the rights of the animal individuals who make up part of nature. Read the original case here (Spanish), and an article here (English).
Other Updates
Second Marineland Beluga Transferred to United States Aquarium Dies
In May of 2021, five beluga whales were trafficked from Marineland, Ontario, to Mystic Aquarium, Connecticut. This first beluga, named Havok, died in August 2021 with the aquarium reporting ongoing gastrointestinal issues. The aquarium claims they made operational changes following Havok’s death and the ensuing inspection by the United States Department of Agriculture. The Animal Welfare Institute (AWI) stated that this second death reinforces the notion that the belugas from Marineland were transported while they were already ill. The aquarium continues to house six other belugas, with one currently in intensive care. Read the news report here, and Animals Justice’s blog post calling for legislative measures here.
In May of 2021, five beluga whales were trafficked from Marineland, Ontario, to Mystic Aquarium, Connecticut. This first beluga, named Havok, died in August 2021 with the aquarium reporting ongoing gastrointestinal issues. The aquarium claims they made operational changes following Havok’s death and the ensuing inspection by the United States Department of Agriculture. The Animal Welfare Institute (AWI) stated that this second death reinforces the notion that the belugas from Marineland were transported while they were already ill. The aquarium continues to house six other belugas, with one currently in intensive care. Read the news report here, and Animals Justice’s blog post calling for legislative measures here.
Ontario Egg Farm Caught Killing 52,000 Hens for Depopulation Effort
In January 2022, a now-deleted Tiktok video was posted by a truck driver who was upset he had to haul 52,000 chickens who were allegedly killed due to the pandemic. Now identified as Maple Lodge Farms slaughterhouse in Brampton Ontario, the farm claims that the mass killing was part of their routine practice of killing hens that no longer lay enough eggs to be profitable, a widespread practice in the egg industry. A blog post by Animal Justice about the incident explains how there are no government regulations addressing on-farm killing, and how the voluntary Codes of Practice by the National Farm Animal Care Council (NFACC) are not legally enforceable. Read Animal Justice’s blog post here.
In January 2022, a now-deleted Tiktok video was posted by a truck driver who was upset he had to haul 52,000 chickens who were allegedly killed due to the pandemic. Now identified as Maple Lodge Farms slaughterhouse in Brampton Ontario, the farm claims that the mass killing was part of their routine practice of killing hens that no longer lay enough eggs to be profitable, a widespread practice in the egg industry. A blog post by Animal Justice about the incident explains how there are no government regulations addressing on-farm killing, and how the voluntary Codes of Practice by the National Farm Animal Care Council (NFACC) are not legally enforceable. Read Animal Justice’s blog post here.
Legislative Updates
Canada Continues to Consider Caribou as Endangered Species
On a recommendation from the Minister of the Environment, Canada will continue monitoring several species of caribous under the Species at Risk Act. The first species of caribou, being the Woodland Caribou (Southern Mountain population), was listed as threatened in 2003. Since then, over fifteen other species have been considered under the legislation. The current recommendation seeks further information about the status of Caribou (Rangifer tarandus) Northern Mountain population, Central Mountain population, and Southern Mountain population. Read the recommendation here.
On a recommendation from the Minister of the Environment, Canada will continue monitoring several species of caribous under the Species at Risk Act. The first species of caribou, being the Woodland Caribou (Southern Mountain population), was listed as threatened in 2003. Since then, over fifteen other species have been considered under the legislation. The current recommendation seeks further information about the status of Caribou (Rangifer tarandus) Northern Mountain population, Central Mountain population, and Southern Mountain population. Read the recommendation here.
Litigation Updates
Marineland’s First Appearance in Court on Criminal Charges
Marineland’s lawyer, Scott Fenton, appeared in court for the first time following the criminal charges laid in December, which followed an October investigation alleging that dolphins were made to perform for entertainment purposes. Such practice has been illegal since the passage of Bill S-203: Ending the Captivity of Whales and Dolphins Act in June 2019. At this time, Marineland is still waiting for disclosure from the Crown. The next appearance date is March 23rd. Read more here.
Marineland’s lawyer, Scott Fenton, appeared in court for the first time following the criminal charges laid in December, which followed an October investigation alleging that dolphins were made to perform for entertainment purposes. Such practice has been illegal since the passage of Bill S-203: Ending the Captivity of Whales and Dolphins Act in June 2019. At this time, Marineland is still waiting for disclosure from the Crown. The next appearance date is March 23rd. Read more here.
British Columbia Mink Farmers Sue Provincial Government
A group of British Columbia mink breeders are suing the provincial government, claiming the ban on mink fur farming during the pandemic was not within the government’s powers. Following positive cases of COVID-19 among both employees and mink on several mink farms in BC, on July 26th 2021, an Order of the Provincial Health Officer prohibited new mink farms and new mink breeding until January 31st 2022. In November 2021, the province announced a phase-out of mink farming by 2025. The lawsuit filed on February 15th 2022 claims that the province’s order was ultra vires and that they failed to meaningfully consult with mink farmers before making the order. The lawsuit also comes weeks after the Federal government introduced Bill C-247: Prohibition of Fur Farming Act. Read more here.
A group of British Columbia mink breeders are suing the provincial government, claiming the ban on mink fur farming during the pandemic was not within the government’s powers. Following positive cases of COVID-19 among both employees and mink on several mink farms in BC, on July 26th 2021, an Order of the Provincial Health Officer prohibited new mink farms and new mink breeding until January 31st 2022. In November 2021, the province announced a phase-out of mink farming by 2025. The lawsuit filed on February 15th 2022 claims that the province’s order was ultra vires and that they failed to meaningfully consult with mink farmers before making the order. The lawsuit also comes weeks after the Federal government introduced Bill C-247: Prohibition of Fur Farming Act. Read more here.
Sentencing Decision in R v Geick
John Geick of Calgary Alberta has been sentenced to three years incarceration for killing his girlfriend's two companion dogs. In February 2019, Geick fatally beat a basset hound named Sophie and a chihuahua named Tyler. The dogs’ owner told the judge that Geick was jealous of the attention that she gave to the dogs. Prosecutor Rose Greenwood sought a sentence of three-and-a-half to four years incarceration, while defence lawyer Efrayim Moldofsky sought a sentence of six-months house arrest. Justice Bernette Ho ruled that the brutailty of the criminal animal cruelty justified a three-year carceral sentence. Read more here.
John Geick of Calgary Alberta has been sentenced to three years incarceration for killing his girlfriend's two companion dogs. In February 2019, Geick fatally beat a basset hound named Sophie and a chihuahua named Tyler. The dogs’ owner told the judge that Geick was jealous of the attention that she gave to the dogs. Prosecutor Rose Greenwood sought a sentence of three-and-a-half to four years incarceration, while defence lawyer Efrayim Moldofsky sought a sentence of six-months house arrest. Justice Bernette Ho ruled that the brutailty of the criminal animal cruelty justified a three-year carceral sentence. Read more here.
Animal Organizations Sue Ontario Government Over Coyote Killing Contest
Animal Justice, Coyote Watch Canada, and the Fur-Bearers have launched a lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Although Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry - which governs hunting - has said the contest is legal, Animal Justice et al claims that the province is ignoring its own laws against incentivised hunting. Animal Justice et al points to Section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest. Read the news article here, and Animal Justice’s blog here.
Animal Justice, Coyote Watch Canada, and the Fur-Bearers have launched a lawsuit against the Ontario Government for their inaction concerning a coyote killing contest. Each year for the month of February, Chesher’s Outdoor Store near Belleville Ontario awards cash prizes to hunters who kill the top five heaviest coyotes. Although Ontario’s Ministry of Northern Development, Mines, Natural Resources, and Forestry - which governs hunting - has said the contest is legal, Animal Justice et al claims that the province is ignoring its own laws against incentivised hunting. Animal Justice et al points to Section 11 of Ontario’s Fish and Wildlife Conservation Act, which prohibits hunting for gain or the expectation of gain or payment without authorization from the Minister. Neither the store nor the Minister have confirmed whether authorization was given for the contest. Read the news article here, and Animal Justice’s blog here.
Enforcement Updates
Montreal SPCA Seizes Two Horses from a Locked Barn
The Montreal Society for the Prevention of Cruelty to Animals seized two horses, named Freedom and Charlotte, after a complaint was received on January 15th 2022. The two horses had been housed in a locked barn with no natural light from between two to six years without ever being let out of the barn. The SPCA reported finding years of excrement buildup on the floor as well as overgrown hooves on the horses. The horses are now in rehabilitation. There is no mention of whether charges were laid. Read more here.
The Montreal Society for the Prevention of Cruelty to Animals seized two horses, named Freedom and Charlotte, after a complaint was received on January 15th 2022. The two horses had been housed in a locked barn with no natural light from between two to six years without ever being let out of the barn. The SPCA reported finding years of excrement buildup on the floor as well as overgrown hooves on the horses. The horses are now in rehabilitation. There is no mention of whether charges were laid. Read more here.
Horse Slaughterhouse in Alberta Has Licence Suspended by CFIA
The Canadian Food Inspection Agency (CFIA) has announced a suspension of the Safe Food for Canadians licence of Bouvry Exports Calgary Ltd. The horse slaughterhouse failed to comply with regulations related to sanitation procedures, and preventative control measures for the detection of E. coli and temperature deviation in carcasses. There was no associated recall of any products. The licence may be reinstated by the CFIA if corrective measures are taken. Read the CFIA announcement here.
The Canadian Food Inspection Agency (CFIA) has announced a suspension of the Safe Food for Canadians licence of Bouvry Exports Calgary Ltd. The horse slaughterhouse failed to comply with regulations related to sanitation procedures, and preventative control measures for the detection of E. coli and temperature deviation in carcasses. There was no associated recall of any products. The licence may be reinstated by the CFIA if corrective measures are taken. Read the CFIA announcement here.
Academic Updates
New Academic Article Researches Rats as Companions in British Columbia
Cheng Yu Hou & Alexandra Protopopova, “Rats as Pets: Predictors of Adoption and Surrender of Pet Rats (Rattus Norvegicus Domestica) in British Columbia, Canada” (2022) 17:2 PLOS ONE [Public Library of Science].
Abstract: Whereas much research has been conducted on rats in their roles as pests and laboratory animal models, little is known about rats in their role as companion animals. However, rats have become the third most common companion animal admitted to the British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) shelter system after cats and dogs. This paper analyses 5 years of province-wide rat admission and outcome data (n = 3,392) at the BC SPCA. Most rats that entered BC SPCA shelters were white, sexually intact, and pups less than 6 months old. Rats were mostly relinquished by their owners, and the most common surrender reasons were due to owner-related issues and housing issues. Reasons for euthanasia were primarily poor health and neonatal age. A multiple linear regression model found that rats that were either senior, albino, unhealthy, seized by humane officers, or born onsite tended to stay longer in shelters (F[12, 1466] = 9.565, p < .001, adjusted R2 = .06). Time to adoption for albino rats was 79% longer than for white rats. These findings help us understand the preferences of rat adopters and why the rat-human relationship may fail. Results may also be useful to improve the quality of life for pet rats by identifying programs to reduce their length of stay in animal shelters. Finally, our study highlights new questions for welfare research in an understudied companion animal–the pet rat.
Cheng Yu Hou & Alexandra Protopopova, “Rats as Pets: Predictors of Adoption and Surrender of Pet Rats (Rattus Norvegicus Domestica) in British Columbia, Canada” (2022) 17:2 PLOS ONE [Public Library of Science].
Abstract: Whereas much research has been conducted on rats in their roles as pests and laboratory animal models, little is known about rats in their role as companion animals. However, rats have become the third most common companion animal admitted to the British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) shelter system after cats and dogs. This paper analyses 5 years of province-wide rat admission and outcome data (n = 3,392) at the BC SPCA. Most rats that entered BC SPCA shelters were white, sexually intact, and pups less than 6 months old. Rats were mostly relinquished by their owners, and the most common surrender reasons were due to owner-related issues and housing issues. Reasons for euthanasia were primarily poor health and neonatal age. A multiple linear regression model found that rats that were either senior, albino, unhealthy, seized by humane officers, or born onsite tended to stay longer in shelters (F[12, 1466] = 9.565, p < .001, adjusted R2 = .06). Time to adoption for albino rats was 79% longer than for white rats. These findings help us understand the preferences of rat adopters and why the rat-human relationship may fail. Results may also be useful to improve the quality of life for pet rats by identifying programs to reduce their length of stay in animal shelters. Finally, our study highlights new questions for welfare research in an understudied companion animal–the pet rat.
New Book Review of Ernest Freeberg, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement, 2020.
Angela Fernandez, “Henry Bergh, The American Society for the Prevention of Cruelty to Animals, and the Horse” (21 February 2022) The Journal of Things We Like (Lots).
Angela Fernandez reviews Ernest Freeberg’s 2020 book, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement. The book details the history of Henry Bergh as he founded the first American Society for the Prevention of Cruelty to Animals (ASPCA) in 1886. The title of the book refers to Bergh as a traitor to humanity, and more so a pest to the population of New York where Bergh conducted his activism. Fernandez highlights how Berg was particularly moved to activism by horses, which were prevalently used by humans in the late 1800s. Fernandez draws a comparison between a flu that spread through North America’s horses in 1872 to the current COVID-19 pandemic and its effects on animals.
Angela Fernandez, “Henry Bergh, The American Society for the Prevention of Cruelty to Animals, and the Horse” (21 February 2022) The Journal of Things We Like (Lots).
Angela Fernandez reviews Ernest Freeberg’s 2020 book, A Traitor to His Species: Henry Bergh and the Birth of the Animals Rights Movement. The book details the history of Henry Bergh as he founded the first American Society for the Prevention of Cruelty to Animals (ASPCA) in 1886. The title of the book refers to Bergh as a traitor to humanity, and more so a pest to the population of New York where Bergh conducted his activism. Fernandez highlights how Berg was particularly moved to activism by horses, which were prevalently used by humans in the late 1800s. Fernandez draws a comparison between a flu that spread through North America’s horses in 1872 to the current COVID-19 pandemic and its effects on animals.
Canadian Artist’s Painting Included in Martha Nussbaum’s Article in the New York Review of Books
A painting by Canadian artist Nancy Friedland appears in the March 10 2022 issue of the New York Review of Books accompanying an article written by American philosopher Martha Nussbaum, a free sneak peak of which is available here. The painting is called “Night Deer #5, 2022.” Nussbaum’s very rich review covers a number of scientific books, specifically Mama’s Last Hug: Animal Emotions and What They Tell Us About Ourselves by Frans de Waal, Dolphin Communication and Cognition: Past, Present, and Future edited by Denise L. Herzing and Christine M. Johnson, and Deep Thinkers: Inside the Minds of Whales, Dolphins, and Porpoises edited by Janet Mann. The review essay focuses on the theme of culturally transmitted learning among nonhuman animals and the body of “new learning about animal lives and their complexity” into which these books all fit. It also argues that the “so like us” argument for animal respect and protection of the “small group of animals whom judges are likely to view as close to humans” (apes and elephants) is misguided. Nussbaum also explains the application of a “capabilities approach” to nonhuman animals, which will presumably be explored in more depth in her forthcoming book Justice for Animals: Our Collective Responsibility in December 2022.
A painting by Canadian artist Nancy Friedland appears in the March 10 2022 issue of the New York Review of Books accompanying an article written by American philosopher Martha Nussbaum, a free sneak peak of which is available here. The painting is called “Night Deer #5, 2022.” Nussbaum’s very rich review covers a number of scientific books, specifically Mama’s Last Hug: Animal Emotions and What They Tell Us About Ourselves by Frans de Waal, Dolphin Communication and Cognition: Past, Present, and Future edited by Denise L. Herzing and Christine M. Johnson, and Deep Thinkers: Inside the Minds of Whales, Dolphins, and Porpoises edited by Janet Mann. The review essay focuses on the theme of culturally transmitted learning among nonhuman animals and the body of “new learning about animal lives and their complexity” into which these books all fit. It also argues that the “so like us” argument for animal respect and protection of the “small group of animals whom judges are likely to view as close to humans” (apes and elephants) is misguided. Nussbaum also explains the application of a “capabilities approach” to nonhuman animals, which will presumably be explored in more depth in her forthcoming book Justice for Animals: Our Collective Responsibility in December 2022.
International Updates
Ecuador’s Constitutional Court Rules Animals are Protected by Rights of Nature
Ecuador enshrined the Rights of Nature (RoN) in its Constitution in 2008. This sparked a question of whether RoN applied to ecosystems or biosystems, or to individuals within nature. Now, for the first time, Ecuador’s Constitutional Court has explicitly ruled that individual animals are protected by the RoN and that the protections include the free development of animal behaviour. This decision comes from the 27 January 2022 decision in the Mona Estrellita case (Estrellita the Monkey case). The case concerned a chorongo monkey named Estrellita, who was seized by the Ministry of Environment from a fifty-seven year-old librarian who described herself as Estrellita’s mother and caretaker. She attempted to bring an application for habeas corpus but unfortunately Estrellita died a few days after being transferred from a wildlife sanctuary to an eco-zoo. The Constitutional Court nevertheless chose this case as an opportunity to develop binding jurisprudence on the RoN as including the rights of the animal individuals who make up part of nature. Read the original case here (Spanish), and an article here (English).
Ecuador enshrined the Rights of Nature (RoN) in its Constitution in 2008. This sparked a question of whether RoN applied to ecosystems or biosystems, or to individuals within nature. Now, for the first time, Ecuador’s Constitutional Court has explicitly ruled that individual animals are protected by the RoN and that the protections include the free development of animal behaviour. This decision comes from the 27 January 2022 decision in the Mona Estrellita case (Estrellita the Monkey case). The case concerned a chorongo monkey named Estrellita, who was seized by the Ministry of Environment from a fifty-seven year-old librarian who described herself as Estrellita’s mother and caretaker. She attempted to bring an application for habeas corpus but unfortunately Estrellita died a few days after being transferred from a wildlife sanctuary to an eco-zoo. The Constitutional Court nevertheless chose this case as an opportunity to develop binding jurisprudence on the RoN as including the rights of the animal individuals who make up part of nature. Read the original case here (Spanish), and an article here (English).
Other Updates
Second Marineland Beluga Transferred to United States Aquarium Dies
In May of 2021, five beluga whales were trafficked from Marineland, Ontario, to Mystic Aquarium, Connecticut. This first beluga, named Havok, died in August 2021 with the aquarium reporting ongoing gastrointestinal issues. The aquarium claims they made operational changes following Havok’s death and the ensuing inspection by the United States Department of Agriculture. The Animal Welfare Institute (AWI) stated that this second death reinforces the notion that the belugas from Marineland were transported while they were already ill. The aquarium continues to house six other belugas, with one currently in intensive care. Read the news report here, and Animals Justice’s blog post calling for legislative measures here.
In May of 2021, five beluga whales were trafficked from Marineland, Ontario, to Mystic Aquarium, Connecticut. This first beluga, named Havok, died in August 2021 with the aquarium reporting ongoing gastrointestinal issues. The aquarium claims they made operational changes following Havok’s death and the ensuing inspection by the United States Department of Agriculture. The Animal Welfare Institute (AWI) stated that this second death reinforces the notion that the belugas from Marineland were transported while they were already ill. The aquarium continues to house six other belugas, with one currently in intensive care. Read the news report here, and Animals Justice’s blog post calling for legislative measures here.
Ontario Egg Farm Caught Killing 52,000 Hens for Depopulation Effort
In January 2022, a now-deleted Tiktok video was posted by a truck driver who was upset he had to haul 52,000 chickens who were allegedly killed due to the pandemic. Now identified as Maple Lodge Farms slaughterhouse in Brampton Ontario, the farm claims that the mass killing was part of their routine practice of killing hens that no longer lay enough eggs to be profitable, a widespread practice in the egg industry. A blog post by Animal Justice about the incident explains how there are no government regulations addressing on-farm killing, and how the voluntary Codes of Practice by the National Farm Animal Care Council (NFACC) are not legally enforceable. Read Animal Justice’s blog post here.
In January 2022, a now-deleted Tiktok video was posted by a truck driver who was upset he had to haul 52,000 chickens who were allegedly killed due to the pandemic. Now identified as Maple Lodge Farms slaughterhouse in Brampton Ontario, the farm claims that the mass killing was part of their routine practice of killing hens that no longer lay enough eggs to be profitable, a widespread practice in the egg industry. A blog post by Animal Justice about the incident explains how there are no government regulations addressing on-farm killing, and how the voluntary Codes of Practice by the National Farm Animal Care Council (NFACC) are not legally enforceable. Read Animal Justice’s blog post here.