During the second reading of the proposed Strengthening Environmental Protection for a Healthier Canada Act, an amendment to the preamble would include the promotion, development, and timely incorporation of “scientifically justified alternative methods and strategies in the testing and assessment of substances to reduce, refine or replace the use of vertebrate animals.” This continues to be the only mention of animals in the proposed bill, as alternative testing on animals is not mentioned anywhere else in the bill. Although alternatives to animal testing is included in the preamble, there are currently no proposed changes to any laws that would affect animal testing. Read the amendments here.
Spotlights
Legislative Updates
Federal Bill S-5 Amended During Second Reading to Mention Testing on Animals
New Federal Bill Seeks to Phase Out Open Net Aquaculture Practices
A private member’s bill proposed by Lisa Marie Barron (New Democratic Party member from Nanaimo-Ladysmith British Columbia) seeks to address growing threats that open-net fish farms pose to the Pacific Coast wild fish populations, surrounding ecosystems, and coastal communities. Bill C-258: An Act to Amend the Fisheries Act (closed containment aquaculture) would amend the Fisheries Act to transition from open net fish farming practices to closed containment systems, which are characterised by solid walls that do not allow any fish, parasites, waste, and other pollutants from escaping and contaminating the surrounding waters. Bill C-258 has passed first reading. Read the text of the bill here and view the bill’s status here.
A private member’s bill proposed by Lisa Marie Barron (New Democratic Party member from Nanaimo-Ladysmith British Columbia) seeks to address growing threats that open-net fish farms pose to the Pacific Coast wild fish populations, surrounding ecosystems, and coastal communities. Bill C-258: An Act to Amend the Fisheries Act (closed containment aquaculture) would amend the Fisheries Act to transition from open net fish farming practices to closed containment systems, which are characterised by solid walls that do not allow any fish, parasites, waste, and other pollutants from escaping and contaminating the surrounding waters. Bill C-258 has passed first reading. Read the text of the bill here and view the bill’s status here.
Saskatchewan Ag-gag-Style Bill Passes Third Reading
Saskatchewan’s Bill 40: The Trespass to Property Amendment Act, 2021 has passed Committee consideration and its third reading. The bill seeks to increase penalties for trespassing from the previous $2,000 fine to $200,000 for corporations who aid, counsel, or direct persons to commit trespass, as well as impose individual liability for directors or officers of such corporations. The bill also establishes a statutory right to bring civil action for trespass, elaborates that the action can be brought without proof of damage, and places a reverse onus on the defendant to prove they had a reasonable belief of consent. Provisions similar to these are often used in ag-gag laws, which punish and deter animal activists from trespassing onto farms to expose conditions of the farmed animals. Read the text and status of the bill here and read more about ag-gag laws here.
Saskatchewan’s Bill 40: The Trespass to Property Amendment Act, 2021 has passed Committee consideration and its third reading. The bill seeks to increase penalties for trespassing from the previous $2,000 fine to $200,000 for corporations who aid, counsel, or direct persons to commit trespass, as well as impose individual liability for directors or officers of such corporations. The bill also establishes a statutory right to bring civil action for trespass, elaborates that the action can be brought without proof of damage, and places a reverse onus on the defendant to prove they had a reasonable belief of consent. Provisions similar to these are often used in ag-gag laws, which punish and deter animal activists from trespassing onto farms to expose conditions of the farmed animals. Read the text and status of the bill here and read more about ag-gag laws here.
Litigation Updates
R v Zhou, Appeal from Conviction Dismissed
In 2018, Xin Ying Zhou was convicted on charges of animal welfare violations following a trial in the British Columbia Provincial Court. She had been running a dog and cat daycare between August 2012 and February 2017. During that time, the British Columbia Society for the Prevention of Animal Cruelty attended her property for various animal cruelty complaints, and in February 2016 the BC SPCA seized sixty-nine cats and sixteen dogs from her property. Following her conviction, she was given a two-year suspended sentence and a two-year animal ownership prohibition. She appealed her conviction, claiming ineffective assistance of counsel. Justice Riley of the Supreme Court of British Columbia found that Zhou had not established the elements of ineffective assistance and dismissed the appeal. Read the BCSC decision here.
In 2018, Xin Ying Zhou was convicted on charges of animal welfare violations following a trial in the British Columbia Provincial Court. She had been running a dog and cat daycare between August 2012 and February 2017. During that time, the British Columbia Society for the Prevention of Animal Cruelty attended her property for various animal cruelty complaints, and in February 2016 the BC SPCA seized sixty-nine cats and sixteen dogs from her property. Following her conviction, she was given a two-year suspended sentence and a two-year animal ownership prohibition. She appealed her conviction, claiming ineffective assistance of counsel. Justice Riley of the Supreme Court of British Columbia found that Zhou had not established the elements of ineffective assistance and dismissed the appeal. Read the BCSC decision here.
Enforcement Updates
Vancouver Aquarium and Greater Vancouver Zoo Under Investigation for Animal Cruelty
A complaint from the Vancouver Humane Society (VHS) has triggered an investigation of animal cruelty in Vancouver’s only two remaining animal attractions: the Vancouver Aquarium and the Greater Vancouver Zoo. On March 8th, VHS released disturbing footage of animal individuals from both establishments displaying abnormal behaviours suggesting psychological distress. The British Columbia Society for the Prevention of Animal Cruelty is currently investigating. Both the Vancouver Aquarium and the Greater Vancouver Zoo have acknowledged the VHS footage and reiterated their commitments to high standards of animal care. Watch the VHS footage here and read more here.
A complaint from the Vancouver Humane Society (VHS) has triggered an investigation of animal cruelty in Vancouver’s only two remaining animal attractions: the Vancouver Aquarium and the Greater Vancouver Zoo. On March 8th, VHS released disturbing footage of animal individuals from both establishments displaying abnormal behaviours suggesting psychological distress. The British Columbia Society for the Prevention of Animal Cruelty is currently investigating. Both the Vancouver Aquarium and the Greater Vancouver Zoo have acknowledged the VHS footage and reiterated their commitments to high standards of animal care. Watch the VHS footage here and read more here.
Legislative Updates
Federal Bill S-5 Amended During Second Reading to Mention Testing on Animals
During the second reading of the proposed Strengthening Environmental Protection for a Healthier Canada Act, an amendment to the preamble would include the promotion, development, and timely incorporation of “scientifically justified alternative methods and strategies in the testing and assessment of substances to reduce, refine or replace the use of vertebrate animals.” This continues to be the only mention of animals in the proposed bill, as alternative testing on animals is not mentioned anywhere else in the bill. Although alternatives to animal testing is included in the preamble, there are currently no proposed changes to any laws that would affect animal testing. Read the amendments here.
During the second reading of the proposed Strengthening Environmental Protection for a Healthier Canada Act, an amendment to the preamble would include the promotion, development, and timely incorporation of “scientifically justified alternative methods and strategies in the testing and assessment of substances to reduce, refine or replace the use of vertebrate animals.” This continues to be the only mention of animals in the proposed bill, as alternative testing on animals is not mentioned anywhere else in the bill. Although alternatives to animal testing is included in the preamble, there are currently no proposed changes to any laws that would affect animal testing. Read the amendments here.
The Proposed Food Day In Canada Act Passes Second Reading
Senate Bill S-227 has now passed second reading. The Bill seeks to establish the Saturday of the August long weekend, before the civic holiday Monday, to be “Food Day in Canada.” During her major speech, Secator Rose-May Poirier (Conservative member from Saint-Louis-de-Kent, New Brunswick), highlighted the resiliency of Canadian farmers during the pandemic, and especially how the dairy industry donated to food banks. She also noted that a study by Columbia Climate School found that buying local foods could reduce an “average consumer’s greenhouse gas emissions by 4%-5%.” With no additional questions for debate, the bill has passed second reading and has been moved for consideration by the Standing Senate Committee on Agriculture and Forestry. Read the status of the bill here and the text here.
Senate Bill S-227 has now passed second reading. The Bill seeks to establish the Saturday of the August long weekend, before the civic holiday Monday, to be “Food Day in Canada.” During her major speech, Secator Rose-May Poirier (Conservative member from Saint-Louis-de-Kent, New Brunswick), highlighted the resiliency of Canadian farmers during the pandemic, and especially how the dairy industry donated to food banks. She also noted that a study by Columbia Climate School found that buying local foods could reduce an “average consumer’s greenhouse gas emissions by 4%-5%.” With no additional questions for debate, the bill has passed second reading and has been moved for consideration by the Standing Senate Committee on Agriculture and Forestry. Read the status of the bill here and the text here.
New Federal Bill Seeks to Phase Out Open Net Aquaculture Practices
A private member’s bill proposed by Lisa Marie Barron (New Democratic Party member from Nanaimo-Ladysmith British Columbia) seeks to address growing threats that open-net fish farms pose to the Pacific Coast wild fish populations, surrounding ecosystems, and coastal communities. Bill C-258: An Act to Amend the Fisheries Act (closed containment aquaculture) would amend the Fisheries Act to transition from open net fish farming practices to closed containment systems, which are characterised by solid walls that do not allow any fish, parasites, waste, and other pollutants from escaping and contaminating the surrounding waters. Bill C-258 has passed first reading. Read the text of the bill here and view the bill’s status here.
A private member’s bill proposed by Lisa Marie Barron (New Democratic Party member from Nanaimo-Ladysmith British Columbia) seeks to address growing threats that open-net fish farms pose to the Pacific Coast wild fish populations, surrounding ecosystems, and coastal communities. Bill C-258: An Act to Amend the Fisheries Act (closed containment aquaculture) would amend the Fisheries Act to transition from open net fish farming practices to closed containment systems, which are characterised by solid walls that do not allow any fish, parasites, waste, and other pollutants from escaping and contaminating the surrounding waters. Bill C-258 has passed first reading. Read the text of the bill here and view the bill’s status here.
Saskatchewan Ag-gag-Style Bill Passes Third Reading
Saskatchewan’s Bill 40: The Trespass to Property Amendment Act, 2021 has passed Committee consideration and its third reading. The bill seeks to increase penalties for trespassing from the previous $2,000 fine to $200,000 for corporations who aid, counsel, or direct persons to commit trespass, as well as impose individual liability for directors or officers of such corporations. The bill also establishes a statutory right to bring civil action for trespass, elaborates that the action can be brought without proof of damage, and places a reverse onus on the defendant to prove they had a reasonable belief of consent. Provisions similar to these are often used in ag-gag laws, which punish and deter animal activists from trespassing onto farms to expose conditions of the farmed animals. Read the text and status of the bill here and read more about ag-gag laws here.
Saskatchewan’s Bill 40: The Trespass to Property Amendment Act, 2021 has passed Committee consideration and its third reading. The bill seeks to increase penalties for trespassing from the previous $2,000 fine to $200,000 for corporations who aid, counsel, or direct persons to commit trespass, as well as impose individual liability for directors or officers of such corporations. The bill also establishes a statutory right to bring civil action for trespass, elaborates that the action can be brought without proof of damage, and places a reverse onus on the defendant to prove they had a reasonable belief of consent. Provisions similar to these are often used in ag-gag laws, which punish and deter animal activists from trespassing onto farms to expose conditions of the farmed animals. Read the text and status of the bill here and read more about ag-gag laws here.
Litigation Updates
#TheExcelsior4 Attend Court Ahead of Pre-Trial Hearing Beginning This Month
For their role in direct action on Excelsior Hog Farm in Abbotsford, British Columbia, activists Amy Soranno, Nick Schafer, Roy Sasano, and Geoff Regier - known as the Excelsior 4 - are facing twenty-one criminal charges. The Meat the Victims action occurred in April 2019, and sought to further expose the conditions on the farm following an exposé released by PETA. The prosecution is proceeding, with pre-trial hearing planned for March 28th to April 8th 2022, and trial scheduled for June 27th to July 21st 2022. Read more here.
For their role in direct action on Excelsior Hog Farm in Abbotsford, British Columbia, activists Amy Soranno, Nick Schafer, Roy Sasano, and Geoff Regier - known as the Excelsior 4 - are facing twenty-one criminal charges. The Meat the Victims action occurred in April 2019, and sought to further expose the conditions on the farm following an exposé released by PETA. The prosecution is proceeding, with pre-trial hearing planned for March 28th to April 8th 2022, and trial scheduled for June 27th to July 21st 2022. Read more here.
R v Zhou, Appeal from Conviction Dismissed
In 2018, Xin Ying Zhou was convicted on charges of animal welfare violations following a trial in the British Columbia Provincial Court. She had been running a dog and cat daycare between August 2012 and February 2017. During that time, the British Columbia Society for the Prevention of Animal Cruelty attended her property for various animal cruelty complaints, and in February 2016 the BC SPCA seized sixty-nine cats and sixteen dogs from her property. Following her conviction, she was given a two-year suspended sentence and a two-year animal ownership prohibition. She appealed her conviction, claiming ineffective assistance of counsel. Justice Riley of the Supreme Court of British Columbia found that Zhou had not established the elements of ineffective assistance and dismissed the appeal. Read the BCSC decision here.
In 2018, Xin Ying Zhou was convicted on charges of animal welfare violations following a trial in the British Columbia Provincial Court. She had been running a dog and cat daycare between August 2012 and February 2017. During that time, the British Columbia Society for the Prevention of Animal Cruelty attended her property for various animal cruelty complaints, and in February 2016 the BC SPCA seized sixty-nine cats and sixteen dogs from her property. Following her conviction, she was given a two-year suspended sentence and a two-year animal ownership prohibition. She appealed her conviction, claiming ineffective assistance of counsel. Justice Riley of the Supreme Court of British Columbia found that Zhou had not established the elements of ineffective assistance and dismissed the appeal. Read the BCSC decision here.
Enforcement Updates
Vancouver Aquarium and Greater Vancouver Zoo Under Investigation for Animal Cruelty
A complaint from the Vancouver Humane Society (VHS) has triggered an investigation of animal cruelty in Vancouver’s only two remaining animal attractions: the Vancouver Aquarium and the Greater Vancouver Zoo. On March 8th, VHS released disturbing footage of animal individuals from both establishments displaying abnormal behaviours suggesting psychological distress. The British Columbia Society for the Prevention of Animal Cruelty is currently investigating. Both the Vancouver Aquarium and the Greater Vancouver Zoo have acknowledged the VHS footage and reiterated their commitments to high standards of animal care. Watch the VHS footage here and read more here.
A complaint from the Vancouver Humane Society (VHS) has triggered an investigation of animal cruelty in Vancouver’s only two remaining animal attractions: the Vancouver Aquarium and the Greater Vancouver Zoo. On March 8th, VHS released disturbing footage of animal individuals from both establishments displaying abnormal behaviours suggesting psychological distress. The British Columbia Society for the Prevention of Animal Cruelty is currently investigating. Both the Vancouver Aquarium and the Greater Vancouver Zoo have acknowledged the VHS footage and reiterated their commitments to high standards of animal care. Watch the VHS footage here and read more here.
Academic Updates
New Blog Post by United Kingdom’s Nuffield Council on Bioethics
Peter Mills, “Animals as Sentient Beings” (7 March 2022) Nuffield Council on Bioethics.
The Nuffield Council on Bioethics is an independent body that examines and reports on ethical issues in biology and medicine. As the United Kingdom’s (UK) Animal Welfare (Sentience) Bill is soon expected to pass and become law, the field of bioethics and medicine in the UK will have to adapt to the widespread understanding of animal sentience and adapt to the new laws. This blog post comments on the Sentience Bill as it relates to the Lisbon Treaty 2017 and offers a caution with regards to the reliance on committees for uniform animal welfare standards. Mills goes on to comment on the potential makeup of the Animals Sentience Committee, as well as the relationship between the Committee and the government.
Peter Mills, “Animals as Sentient Beings” (7 March 2022) Nuffield Council on Bioethics.
The Nuffield Council on Bioethics is an independent body that examines and reports on ethical issues in biology and medicine. As the United Kingdom’s (UK) Animal Welfare (Sentience) Bill is soon expected to pass and become law, the field of bioethics and medicine in the UK will have to adapt to the widespread understanding of animal sentience and adapt to the new laws. This blog post comments on the Sentience Bill as it relates to the Lisbon Treaty 2017 and offers a caution with regards to the reliance on committees for uniform animal welfare standards. Mills goes on to comment on the potential makeup of the Animals Sentience Committee, as well as the relationship between the Committee and the government.
International Updates
Iowa’s Second Ag-gag Law Struck Down by Federal Court
Since 2012, in response to animal activist exposés of the farmed animal agriculture industry, Iowa has passed four laws in an attempt to limit the ability of activists to document conditions on Iowa’s farms. The first of the ag-gag laws was struck down as unconstitutional in 2019 by federal court Judge James Gritzner, who found the law violated the First Amendment right to free speech. In the present decision, US District Judge Stephanie Rose has ruled a second ag-gag law (Iowa Ag-gag 2.0) also violates the First Amendment. This decision adds to Iowa’s ten-year complicated relationship between activists, lawmakers, and constitutional challenges by animal law advocates. Read the Animal Legal Defence Fund’s article here.
Since 2012, in response to animal activist exposés of the farmed animal agriculture industry, Iowa has passed four laws in an attempt to limit the ability of activists to document conditions on Iowa’s farms. The first of the ag-gag laws was struck down as unconstitutional in 2019 by federal court Judge James Gritzner, who found the law violated the First Amendment right to free speech. In the present decision, US District Judge Stephanie Rose has ruled a second ag-gag law (Iowa Ag-gag 2.0) also violates the First Amendment. This decision adds to Iowa’s ten-year complicated relationship between activists, lawmakers, and constitutional challenges by animal law advocates. Read the Animal Legal Defence Fund’s article here.
United Kingdom Law to Ban Trophy Hunting Imports Scrapped
Following intense public scrutiny, the United Kingdom had introduced the Animals Abroad Bill, which would have banned trophy hunters from importing the animals they killed. The bill was promised as part of the 2019 Conservative Manifesto and widely supported by the Conservative government. However, Conservatives who support the bill are blaming a “handful of very wealthy peers” in the shooting and hunting lobby for the legislation now being scrapped, reportedly due to the concern this special interest group has that it would be seen as hypocritical to ban the import of trophy-hunted animals from abroad when shooting weekends at home are still permitted. Other Conservatives are calling for parliamentary debate of the issue when time allows. Read more here.
Following intense public scrutiny, the United Kingdom had introduced the Animals Abroad Bill, which would have banned trophy hunters from importing the animals they killed. The bill was promised as part of the 2019 Conservative Manifesto and widely supported by the Conservative government. However, Conservatives who support the bill are blaming a “handful of very wealthy peers” in the shooting and hunting lobby for the legislation now being scrapped, reportedly due to the concern this special interest group has that it would be seen as hypocritical to ban the import of trophy-hunted animals from abroad when shooting weekends at home are still permitted. Other Conservatives are calling for parliamentary debate of the issue when time allows. Read more here.