Brooks Animal Law Digest

During the ongoing meetings of the Standing Senate Committee on Energy, the Environment and Natural Resources for Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act, the Committee adopted amendments aimed at reducing toxicity testing on animals. The amendments were necessary because while the reduction of animal testing was included in the preamble of the bill, there were no provisions addressing animal testing in the body of the proposed legislation (see Issue 13, Spotlights, Legislative Updates). Bill sponsor Senator Stan Kutcher introduced the first of the amendments, which state that in the process of assessing whether a substance is toxic the Minister of Environment will “[e]ncourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce, or refine the use of vertebrate animals.” During the eleven meetings about the bill, Senator Rosa Galvez was vocal about amending the bill to prioritize animal testing as a last resort only to be used where no other scientifically valid methods are available. Other provisions in the bill were similarly amended to include the wording “replace, reduce, or refine the use of vertebrate animals.” Before the clause-by-clause considerations began, the Committee heard testimony from Dr. Toolika Rastogi of Humane Canada and Elizabeth Ormandy of the Canadian Society for Humane Science, who offered guidance on how to amend the bill to reduce animal testing. A draft of the bill with all Committee amendments is not yet publicly available. Watch the clause-by-clause consideration here (Senator Kutcher’s amendment starting at 18:39:50 and ending 19:06:55), and see the bill’s progress here.

During the ongoing second reading debates on proposed Bill S-241: Jane Goodall Act, Senator Patricia Bovey gave a speech supporting the bill. As a Senator from Manitoba, Senator Bovey drew specific attention to the Assiniboine Park Conservancy, which includes the Assiniboine Park Zoo, stating that the facility proves the bill’s high animal welfare goals are attainable. Senator Bovey indirectly addressed remarks made in a May 17th speech at second reading, in which Senator Julie Miville-Dechêne raised concerns that the bill would create a two-tiered system in which facilities accredited by the United States-based Association of Zoos & Aquariums (AZA) would bypass some administrative procedures whereas zoos accredited by Canada's Accredited Zoos and Aquariums (CAZA) would not (see Issue 17, Spotlights, Legislative Updates). Senator Bovey argued that the bill would not create a two-tier system, and that any facility could apply for and earn AZA accreditation, just as the Assiniboine Park Conservancy successfully did. The Assiniboine Park Conservancy is one of the seven AZA-accredited facilities in Canada that the proposed bill names and designates as eligible animal care operations that could possibly keep otherwise-prohibited animals. Senator Bovey highlighted the important role facilities like the Assiniboine Park Conservancy play in science-driven species conservation and public education. Addressing the rise of increased animal welfare concerns, Senator Bovey stated “[s]ociety wants good animal care, animal welfare and action on animal rights. That is what this bill is about — animal rights under human care.” She ended by emphasizing the Indigenous values reflected in the bill, inviting listeners to visit the park and zoo located on Treaty 1 territory and referencing a letter of support from Coastal First Nations. See the bill’s progress here, and read the speech here, or watch the speech here (starting at 15:47:40).

The Invasive Species Council of British Columbia hosted a webinar outlining proposed changes to the province’s Wildlife Act's Designation and Exemption Regulation which would make it easier to capture and kill wild European and Eastern Cottontail rabbits. Although very different types of rabbits, both species are listed under Schedule C of the Regulation which are exempted from the Act’s hunting licensing provisions under s.11(1).  According to the webinar hosted by the Invasive Species Council of British Columbia and the speaker Naomi Nichol, Senior Policy analyst at the Fish and Wildlife Branch of the Ministry of Forests, wildlife centres that cannot house or rehome rabbits brought to them will be forced to euthanize the rabbits under the proposed legislation, as no release back into the wild even of rehabilitated cottontails will be permitted. Wildlife organization The Fur-Bearers criticized the proposed changes, taking issue with how removing permit requirements will also remove oversight for accountability and transparency for large scale culls and may lead to increased animal cruelty or killing of non-target rabbit species. They also point out that the prohibition on wildlife centres rehabilitating and releasing cottontails will cause individuals to keep those animals as pets when that is inappropriate for that species of rabbit. Feral European “pet” rabbits abandoned by humans who have reproduced in the wild might be difficult to keep as companion animals. However, such rehoming is not possible for the cottontails. A written version of the proposed changes are not yet publicly available. Read The Fur-Bearers blog post here, and watch the webinar here.

The town of Smith Falls Ontario, south of Ottawa, rescinded an order for residents Beth and Craig Sinclair to uproot their naturalized lawn. The Smith Falls “property standards” bylaw states that “[y]ards must be maintained in a neat and tidy condition” and be free of “growth of grass or weeds in excess of 20 cm.” However, many property-owning environmentalists are choosing to “naturalize” their lawns by planting and growing a variety of plant species that promote biodiversity and support insect and wild animal populations. Neighbours began to complain about the Sinclair’s lawn, and the Town Council ordered them to comply with the bylaw. The couple sought the help of environmental lawyer David Donnelly, who cited past litigation which established that for an environmentalist, a naturalized lawn is constitutionally protected, including by the Charter s. 2(b) right to freedom of expression). The Town rescinded their order once the Sinclairs brought their case to the Ontario Superior Court. The Town is now considering amending the bylaw with provisions addressing naturalized yards. Read more here.

Morris Tokaryk was charged under both the Saskatchewan Animal Protection Act (APA) and under the Criminal Code following an investigation by Animal Protection Services of Saskatchewan (APSS). After receiving a complaint, the APSS attended Tokaryk’s property to find hundreds of emaciated cows. Between April 6th and April 8th, the APSS undertook their largest investigation to date, seizing 308 live cows and finding an undisclosed number of dead cows. The Criminal Code charges include causing unnecessary pain and failing to provide adequate water, food, and care. The APA charges include allowing animals to be in distress and failing to comply with a corrective order. Tokaryk’s first appearance in court is scheduled for June 27th in North Battleford. Read more here.

Sarah Frame, “Sinking Mink: An Argument for Ending the Mink Industry in Nova Scotia” (2022) 45:1 Dalhousie Law Journal. Download article here.

Abstract: Nova Scotia produces more mink pelts than any other province, but its fur farming industry imposes costs disproportionate to its benefits. These costs include the substantial financial aid given to mink farms, the toxic algae blooms in some lakes, the frequent spread of viruses from mink to humans and wildlife, the regular and wasteful mass culls of diseased mink, and the animal suffering caused by captivity, neglect, and abuse. Federal and provincial legislation does not and cannot provide meaningful protection to mink because of innate species characteristics and the cruelties inherent in the fur industry. Due to the association between mink farming and the spread of COVID-19, British Columbia plans to prohibit the practice; Nova Scotia should do the same.

In a 5:2 ruling, the New York Court of Appeals denied Happy the Elephant’s petition for a writ of habeas corpus, and in doing so denied her personhood. On May 18th, the Nonhuman Rights Project (NhRP) represented Happy in a one-day hearing, hoping that the Court would grant a writ of habeas corpus, which would allow for a review of Happy’s continued confinement at the Bronx Zoo (see Issue 17, Spotlights, International Updates). Writing for the majority, Chief Judge Janet DiFiore stated “[b]ecause the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a “person” subjected to illegal detention.” The two dissenting judges concluded that throughout history, the writ of habeas corpus has been extended to protect those with less than a full personhood status, including abused spouses, children, and enslaved persons, and they would have granted the petition and allowed the case to proceed on the merits. Read the decision here, and read the NhRP’s response statement here.

During the ongoing meetings of the Standing Senate Committee on Energy, the Environment and Natural Resources for Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act, the Committee adopted amendments aimed at reducing toxicity testing on animals. The amendments were necessary because while the reduction of animal testing was included in the preamble of the bill, there were no provisions addressing animal testing in the body of the proposed legislation (see Issue 13, Spotlights, Legislative Updates). Bill sponsor Senator Stan Kutcher introduced the first of the amendments, which state that in the process of assessing whether a substance is toxic the Minister of Environment will “[e]ncourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce, or refine the use of vertebrate animals.” During the eleven meetings about the bill, Senator Rosa Galvez was vocal about amending the bill to prioritize animal testing as a last resort only to be used where no other scientifically valid methods are available. Other provisions in the bill were similarly amended to include the wording “replace, reduce, or refine the use of vertebrate animals.” Before the clause-by-clause considerations began, the Committee heard testimony from Dr. Toolika Rastogi of Humane Canada and Elizabeth Ormandy of the Canadian Society for Humane Science, who offered guidance on how to amend the bill to reduce animal testing. A draft of the bill with all Committee amendments is not yet publicly available. Watch the clause-by-clause consideration here (Senator Kutcher’s amendment starting at 18:39:50 and ending 19:06:55), and see the bill’s progress here.

The City of Toronto has been undergoing an Animal Bylaw review since November 2021 to improve the coexistence of humans and wildlife, decrease nuisance behaviour, and enhance animal welfare (see Issue 4, Spotlights, Legislative Updates). A staff report from the Executive Director, Municipal Licensing and Standards, Tracey Cook, proposes specific linguistic changes to the bylaw. Recommended changes include adding definitions for “feed”, “bird feeding device”, “songbird”, and “wildlife”, limiting the number of guinea pigs or rabbits to four per household, a provision prohibiting the feeding of wildlife and a list of exceptions, as well as enforcement provisions. The recommendations are set to be reviewed by the City’s Economic Community Development Committee on July 6th. Read about the City’s Animal Bylaw Review here.

During the ongoing second reading debates on proposed Bill S-241: Jane Goodall Act, Senator Patricia Bovey gave a speech supporting the bill. As a Senator from Manitoba, Senator Bovey drew specific attention to the Assiniboine Park Conservancy, which includes the Assiniboine Park Zoo, stating that the facility proves the bill’s high animal welfare goals are attainable. Senator Bovey indirectly addressed remarks made in a May 17th speech at second reading, in which Senator Julie Miville-Dechêne raised concerns that the bill would create a two-tiered system in which facilities accredited by the United States-based Association of Zoos & Aquariums (AZA) would bypass some administrative procedures whereas zoos accredited by Canada's Accredited Zoos and Aquariums (CAZA) would not (see Issue 17, Spotlights, Legislative Updates). Senator Bovey argued that the bill would not create a two-tier system, and that any facility could apply for and earn AZA accreditation, just as the Assiniboine Park Conservancy successfully did. The Assiniboine Park Conservancy is one of the seven AZA-accredited facilities in Canada that the proposed bill names and designates as eligible animal care operations that could possibly keep otherwise-prohibited animals. Senator Bovey highlighted the important role facilities like the Assiniboine Park Conservancy play in science-driven species conservation and public education. Addressing the rise of increased animal welfare concerns, Senator Bovey stated “[s]ociety wants good animal care, animal welfare and action on animal rights. That is what this bill is about — animal rights under human care.” She ended by emphasizing the Indigenous values reflected in the bill, inviting listeners to visit the park and zoo located on Treaty 1 territory and referencing a letter of support from Coastal First Nations. See the bill’s progress here, and read the speech here, or watch the speech here (starting at 15:47:40).

The Invasive Species Council of British Columbia hosted a webinar outlining proposed changes to the province’s Wildlife Act's Designation and Exemption Regulation which would make it easier to capture and kill wild European and Eastern Cottontail rabbits. Although very different types of rabbits, both species are listed under Schedule C of the Regulation which are exempted from the Act’s hunting licensing provisions under s.11(1).  According to the webinar hosted by the Invasive Species Council of British Columbia and the speaker Naomi Nichol, Senior Policy analyst at the Fish and Wildlife Branch of the Ministry of Forests, wildlife centres that cannot house or rehome rabbits brought to them will be forced to euthanize the rabbits under the proposed legislation, as no release back into the wild even of rehabilitated cottontails will be permitted. Wildlife organization The Fur-Bearers criticized the proposed changes, taking issue with how removing permit requirements will also remove oversight for accountability and transparency for large scale culls and may lead to increased animal cruelty or killing of non-target rabbit species. They also point out that the prohibition on wildlife centres rehabilitating and releasing cottontails will cause individuals to keep those animals as pets when that is inappropriate for that species of rabbit. Feral European “pet” rabbits abandoned by humans who have reproduced in the wild might be difficult to keep as companion animals. However, such rehoming is not possible for the cottontails. A written version of the proposed changes are not yet publicly available. Read The Fur-Bearers blog post here, and watch the webinar here.

In December 2021, Brian Merrill Levy was convicted for permitting an animal to be in distress under Nova Scotia’s Animal Protection Act. The conviction followed an investigation by the Nova Scotia Society for the Prevention of Cruelty to Animals (NS SPCA) who received a complaint that Levy was operating a puppy mill. As part of his sentence, the court ordered Levy not to own any animals for breeding purposes although he was permitted to have custody of up to two spayed or neutered companion dogs. The NS SPCA was tipped off that Levy had breached his conditions by being in possession of five dogs. Three dogs were seized from his residence. Levy is set to return to court on June 28th to address charges of breaching a court order. Read more here.

The town of Smith Falls Ontario, south of Ottawa, rescinded an order for residents Beth and Craig Sinclair to uproot their naturalized lawn. The Smith Falls “property standards” bylaw states that “[y]ards must be maintained in a neat and tidy condition” and be free of “growth of grass or weeds in excess of 20 cm.” However, many property-owning environmentalists are choosing to “naturalize” their lawns by planting and growing a variety of plant species that promote biodiversity and support insect and wild animal populations. Neighbours began to complain about the Sinclair’s lawn, and the Town Council ordered them to comply with the bylaw. The couple sought the help of environmental lawyer David Donnelly, who cited past litigation which established that for an environmentalist, a naturalized lawn is constitutionally protected, including by the Charter s. 2(b) right to freedom of expression). The Town rescinded their order once the Sinclairs brought their case to the Ontario Superior Court. The Town is now considering amending the bylaw with provisions addressing naturalized yards. Read more here.

Two men set for trial on various puppy mill-related charges failed to appear in court. Eric Couture and Kevin Lockwood were charged in August 2020 for failing to provide adequate medical attention to an animal under New Brunswick’s Society for the Prevention of Cruelty to Animals (SPCA) Act and for failing to provide adequate care under the Criminal Code. The charges followed complaints by residents of Escuminac, a town east of Miramichi, who claimed the two men were operating a puppy mill. The New Brunswick SPCA attended the licensed dog kennel, seized sixty pinscher puppies, and later laid the charges. Couture’s trial was set for Monday June 6th, and Lockwood was set to appear as a witness; however, neither appeared in court. Judge Johanne-Marguerite Landry issued arrest warrants for both men. Couture’s trial will be rescheduled, and Lockwood’s trial is scheduled for July 25th. Read more here.

During Question Period in the Legislative Assembly of Manitoba, Member of the Legislative Assembly (MLA) Diljeet Brar, asked the Minister of Agriculture, Derek Johnson, whether an investigation was initiated to explore the deaths of approximately 2,000 pigs at HyLife factory pig farm on April 24th, 2022. MLA Brar recounted that a storm had caused a power outage in a barn and backup generators failed causing the pigs to suffocate (see Issue 16, Spotlights, Other Updates). In response, Minister Johnson stated that every farm in Manitoba needs to have an emergency action plan that includes backup generators. MLA Brar highlighted the importance of formal investigations by veterinarians for transparency and to prevent future “unnecessary loss of animal life.” MLA Brar asked whether the Minister would order an investigation and produce a report detailing farmed animal suffocation incidents in Manitoba for the past five years. Minister Johnson did not commit to either ordering an investigation or producing a report. Watch the Question Period here (MLA Brar’s question beginning at 56:50), read more about the incident on Animal Justice’s blog post here, and read more here.

Morris Tokaryk was charged under both the Saskatchewan Animal Protection Act (APA) and under the Criminal Code following an investigation by Animal Protection Services of Saskatchewan (APSS). After receiving a complaint, the APSS attended Tokaryk’s property to find hundreds of emaciated cows. Between April 6th and April 8th, the APSS undertook their largest investigation to date, seizing 308 live cows and finding an undisclosed number of dead cows. The Criminal Code charges include causing unnecessary pain and failing to provide adequate water, food, and care. The APA charges include allowing animals to be in distress and failing to comply with a corrective order. Tokaryk’s first appearance in court is scheduled for June 27th in North Battleford. Read more here.

In separate cases, two women have been charged with selling dogs without certificates of health under the Animal Protection Act of Nova Scotia (APA). The Nova Scotia Society for the Prevention of Cruelty to Animals (NS SPCA) initiated investigations after receiving complaints.

Lisa Benoit of Halifax is alleged to have facilitated the import of approximately sixty puppies per month from Texas, many of whom were sick or fell ill afterwards (and some allegedly died en-route) and selling them without proper medical inspections or health certificates. Benoit says she volunteers with a non-profit organization in Texas and does not sell the dogs, she saves them. She states that she follows all Canada Border Services Agency and Canadian Food Inspection Agency rules that apply to unaccompanied pets entering Canada. Read more here. Benoit is facing twelve charges under the APA, and her first court appearance is scheduled for July 22nd.

Gertruda (Trudy) Steiner of Aylesford is facing charges of selling puppies without certificates of health as well as providing false or misleading information to buyers. The NS SPCA received a complaint that Steiner was selling puppies on Kijiji who were later found to have serious communicable diseases. The complainant, Liz Burton, purchased a puppy from Steiner, who upon delivery said the puppy had eaten some cat food and may have an upset stomach. After a few days of unimproved health, Burton took the puppy to a veterinarian, who diagnosed the puppy with parvovirus and euthanized the sick puppy. The NS SPCA investigation resulted in the seizure of two puppies and a pregnant female dog from Steiner’s residence. Steiner is scheduled to appear in court on July 9th.

Read the NS SPCA release here, and read more here.

Sarah May Lindsay, “The “Problem” of Multispecies Families: Speciesism in Emergency Intimate Partner Violence (IPV) Shelters” (2022) 11:6 Social Sciences 242. Download article here.

Abstract: When a woman seeks emergency shelter from an abusive relationship, she may bring her children but rarely companion animals. Through a Critical Animal Studies (CAS) lens, this article qualitatively analyzes in-depth interviews with shelter workers in Ontario, Canada, exploring the place of multispecies families in intimate partner violence (IPV) shelters. The findings indicate that companion animals are viewed as problematic, as obstacles to their clients’ safe relocation, falling outside the scope of IPV shelters (who rarely take a co-sheltering approach), and as potential strains on an already resource-stretched social institution. Addressing a gap in the literature about the effects of companion animal policies in social housing on clients and staff, the results are relevant to social service providers and policymakers working with multispecies families, including insights about women and children’s reactions to separation from companion animals, contradictions in related policies, and institutional priorities. The article concludes that multispecies families are poorly accounted for in the IPV shelter system and suggests that researchers and shelters should collaborate with their communities to advocate for resources and policies that accommodate families with companion animals

Sarah Frame, “Sinking Mink: An Argument for Ending the Mink Industry in Nova Scotia” (2022) 45:1 Dalhousie Law Journal. Download article here.

Abstract: Nova Scotia produces more mink pelts than any other province, but its fur farming industry imposes costs disproportionate to its benefits. These costs include the substantial financial aid given to mink farms, the toxic algae blooms in some lakes, the frequent spread of viruses from mink to humans and wildlife, the regular and wasteful mass culls of diseased mink, and the animal suffering caused by captivity, neglect, and abuse. Federal and provincial legislation does not and cannot provide meaningful protection to mink because of innate species characteristics and the cruelties inherent in the fur industry. Due to the association between mink farming and the spread of COVID-19, British Columbia plans to prohibit the practice; Nova Scotia should do the same.

Cassandra N. Reedman, Todd F. Duffield, Trevor J. DeVries, Kerry D. Lissemore, & Charlotte B. Winder, “Graduate Student Literature Review: Role of Pain Mitigation on the Welfare of Dairy Calves Undergoing Disbudding” (2022) 105:8 Journal of Dairy Science. Download article here.

Abstract: This review synthesizes research findings on the pain and welfare of dairy calves undergoing disbudding procedures. We describe disbudding practices in North America as well as the use and perceptions of pain control for these procedures. Governing bodies across Canada and the United States, including each country's veterinary medical association and nationwide initiatives such as proAction and Farmers Assuring Responsible Management (FARM), recommend or require the use of a local anesthetic, a nonsteroidal anti-inflammatory drug (NSAID), and a sedative for disbudding procedures. Although the use of pain relief for disbudding has increased over the past decade or so, some in the dairy industry still do not believe that pain control for disbudding is necessary. As a painful procedure, disbudding has numerous welfare impacts on the calf both during and following the procedure that can be categorized under all 3 principles of animal welfare: natural living, biological functioning, and affective state. The use of pain control for disbudding; namely, a local anesthetic and NSAID, can improve welfare outcomes such as procedure-induced pain behavior, cortisol concentrations, mechanical nociceptive threshold, emotional states, and so on, compared with no pain control for the procedure. Although extensive research exists on pain control practices for disbudding, this review identified further gaps in knowledge and areas for future research. Mechanical nociceptive threshold can be evaluated around the disbudding wounds and is a reliable test in older calves; however, this outcome in very young calves after caustic paste disbudding has been reported to be inconclusive compared with that in older calves. As well, research evaluating xylazine sedation for disbudding has reported both potentially positive and negative results that are difficult to interpret or base suggestions on for the use of this drug. Finally, wounds caused by disbudding take a long time to heal (up to 13 wk) and have increased sensitivity for the entire healing process. Therefore, future research should aim to (1) determine accurate behavioral tests for calves under 1 wk of age undergoing disbudding to better understand their experience, (2) further attempt to understand the effects of xylazine sedation for disbudding and potential impacts of providing this medication, and (3) determine more ways to reduce the healing time and pain experienced by the calf after disbudding procedures.

Due to outbreaks of avian flu (H5N1), farmers are culling their chicken populations at a high rate in Canada, the United States (US), and Europe. New research by the Animal Welfare Institute (AWI) found that seventy-three percent of chicken culls in the US between February and March 2022 were performed using the ventilation shutdown method (VSD), where airflow is cut-off to barns and sheds and chickens overheat to death. The method is described as “roasting animals alive.” For comparison, the last avian flu epidemic that occurred in 2015 resulted in the death of fifty million chickens in the US, who were primarily killed by carbon dioxide poisoning, also painful and inhumane but less so. Although a United States Department of Agriculture (USDA) policy states that VSD should only be used if other methods are not available, director of the AWI, Dena Jones, shared concerns that VSD has become the default method for chicken depopulation in the US. In Canada, the Canadian Food Inspection Agency (CFIA) reports that over two million farmed birds have been impacted by avian influenza on ninety-four different properties; however, there is currently no data on methods of killing used. Read more here.

The New York Legislature passed the Puppy Mill Pipeline Bill, which aims to reduce cruelty in dog breeding practices by banning pet stores from selling dogs, cats, and rabbits. The state of New York has one of the highest concentrations of pet stores that sell puppies in the United States. The bill targets the puppy mill-to-pet store pipeline, which allows customers to purchase animals without knowing they were bred in mills. The bill is now awaiting the signature of Governor Kathy Hochul before becoming enforceable law. The bill only targets for-profit retail shops and does not include any not-for-profit rescue or adoption organizations. Read more here.

Australian law firm Shine Lawyers committed to working with Global Animal Law Association (GAL) to advocate for a United Nations Convention on Animal Health and Protection (UNCAHP). In an interview with Lawyers Weekly, Shine Lawyers solicitor Paul Tweddell, who will be working with GAL, stated that Shine Lawyers’ value of “standing up for the little guy” aligns perfectly with GAL. He states that the “UNCAHP is important to acknowledge and protect animals as individual sentient beings capable, as humans are, of feeling pain, fear, sadness, happiness and love.” Tweddell noted especially in Australia, animal welfare issues arise in the agriculture industry’s use of live animal transport and medical procedures performed without anesthetic, as well as the use of animals in entertainment such as circuses and rodeos. Tweddell drew specific attention to zoonotic diseases and COVID-19, and the connection between human and animal health. On the topic of why an international convention is important, Tweddell stated that waiting for domestic legislation would take too long, and that he believes adoption of a UNCAHP is achievable. Read the interview here.

A ship attempting to export sheep from Suakin port in Sudan to Saudi Arabia sank after 15,800 sheep were loaded on the vessel with a capacity for 9,000 sheep. All human crew members but only 700 live sheep were recovered. Head of the National Exporters’ Association, Salah Selim, stated that the sunken ship will affect the port’s operations and the mass deaths in the waters will likely have a negative environmental impact. Selim called for an investigation into the incident. This incident comes a month after a major fire caused damage to the cargo area of the port. An investigation was launched to determine the cause of the fire. Read more here.

In a 5:2 ruling, the New York Court of Appeals denied Happy the Elephant’s petition for a writ of habeas corpus, and in doing so denied her personhood. On May 18th, the Nonhuman Rights Project (NhRP) represented Happy in a one-day hearing, hoping that the Court would grant a writ of habeas corpus, which would allow for a review of Happy’s continued confinement at the Bronx Zoo (see Issue 17, Spotlights, International Updates). Writing for the majority, Chief Judge Janet DiFiore stated “[b]ecause the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a “person” subjected to illegal detention.” The two dissenting judges concluded that throughout history, the writ of habeas corpus has been extended to protect those with less than a full personhood status, including abused spouses, children, and enslaved persons, and they would have granted the petition and allowed the case to proceed on the merits. Read the decision here, and read the NhRP’s response statement here.