Brooks Animal Law Digest

Saskatchewan bylaw change would allow those in the Rural Municipality of Porcupine to shoot dogs found roaming unattended if trespassing on someone’s property or on adjoining roads. The proposed change has come under criticism, including by way of an online petition, which garnered 2,500 signatures as of August 18th. Animal Protection Services of Saskatchewan warns that killing dogs when they pose no threat might be a violation of the province’s Animal Protection Act.

The Condominium Authority Tribunal dismissed a request by a Toronto Standard Condominium Corporation to order the removal of the respondents’ dog from its premises, awarding the respondents $5000 in costs. The Condominium asserted that the respondents’ dog Stan is a nuisance and that Stan’s aggressive behaviour is contrary to the provisions of the corporation’s declaration and rules; however, the tribunal found that the evidence of one incident was not enough to support a finding that the dog is a nuisance.

The Civil Resolution Tribunal of British Columbia ordered Rain Coast Dog Rescue Society and its executive director, Jesse Adams, to pay a total of $527.42 in damages to Lloyd Hunter after they removed his dog, Luna, from his care for a claimed breach of the adoption agreement. As Luna was placed with a new adoptive family and the tribunal does not have jurisdiction to order delivery of a pet possessed by a non-party, it was not possible to order Rain Coast to return Luna to Hunter.

Animal Justice has filed a complaint in Quebec over the living conditions of mink and foxes on two Quebec fur farms. The complaint is based on photos obtained by the photojournalism agency We Animals Media in August 2022. The complaint calls for immediate inspection of the farms to determine if they are in violation of the Animal Welfare Safety Act and the Wildlife Conservation and Development Act.

The Council of Ministers approved a royal decree on August 23rd establishing that Spanish slaughterhouses will be monitored by mandatory surveillance systems, making Spain the first EU country to introduce compulsory slaughterhouse video monitoring. Once a formal announcement is published in the Official State Gazette, larger slaughterhouses will have one year to implement the rule while a two-year period will apply to smaller facilities.

A truck carrying chickens overturned in Hamilton on August 19th, tossing the birds, who were locked in cages, across the road and grass. Animal Justice has contacted the Canadian Food Inspection Agency to ask for an investigation of the incident.

Ontario Provincial Police (OPP) state that 2,400 chicks fell out of a commercial truck in Beamsville after a driver forgot to close the door. OPP Sergeant Kerry Schmidt states that no charges were laid and that he believes all the chicks survived. OPP made light of the accident in a tweet online, and multiple news sources followed their lead.

Saskatchewan bylaw change would allow those in the Rural Municipality of Porcupine to shoot dogs found roaming unattended if trespassing on someone’s property or on adjoining roads. The proposed change has come under criticism, including by way of an online petition, which garnered 2,500 signatures as of August 18th. Animal Protection Services of Saskatchewan warns that killing dogs when they pose no threat might be a violation of the province’s Animal Protection Act.

Moncton New Brunswick cat rescue organizations are concerned about a proposed bylaw amendment that would limit animal control services to dogs. Changes to the bylaw’s wording to apply exclusively to dogs went through first reading at an August 16th council meeting and a second reading was scheduled for September 6th.

Travis Dauvin appeared in Saskatoon Provincial Court on August 15th where he pleaded guilty to willfully and without lawful excuse killing his former girlfriend’s dog. The defense called for a conditional discharge, while the Crown called for harsher sentencing involving jail time, community service, probation, and a prohibition on owning animals. A decision is scheduled for September 23rd.

In a case relating to the removal and keeping of 229 sled dogs, the Ontario Animal Care Review Board ordered a variation in the statement of account owed by Windrift Adventures Inc., a dog sledding and horse-riding business operating in Ontario.

The Condominium Authority Tribunal dismissed a request by a Toronto Standard Condominium Corporation to order the removal of the respondents’ dog from its premises, awarding the respondents $5000 in costs. The Condominium asserted that the respondents’ dog Stan is a nuisance and that Stan’s aggressive behaviour is contrary to the provisions of the corporation’s declaration and rules; however, the tribunal found that the evidence of one incident was not enough to support a finding that the dog is a nuisance.

The Civil Resolution Tribunal of British Columbia ordered Rain Coast Dog Rescue Society and its executive director, Jesse Adams, to pay a total of $527.42 in damages to Lloyd Hunter after they removed his dog, Luna, from his care for a claimed breach of the adoption agreement. As Luna was placed with a new adoptive family and the tribunal does not have jurisdiction to order delivery of a pet possessed by a non-party, it was not possible to order Rain Coast to return Luna to Hunter.

A Regina man was arrested on August 23rd for allegedly luring and killing a cat. Twenty-nine-year-old Matthew James Drummond was charged with multiple offences after a dead cat was found. Drummond previously admitted to killing two cats in July 2021 and was given a non-custodial sentence that included a lifetime prohibition against possessing animals.

The Toronto Wildlife Centre states that an individual was charged with animal cruelty after allegedly attempting to poison a raccoon with bread soaked in windshield wiper fluid. Staff at the Wildlife Centre successfully rehabilitated the racoon.

Animal Justice has filed a complaint in Quebec over the living conditions of mink and foxes on two Quebec fur farms. The complaint is based on photos obtained by the photojournalism agency We Animals Media in August 2022. The complaint calls for immediate inspection of the farms to determine if they are in violation of the Animal Welfare Safety Act and the Wildlife Conservation and Development Act.

Canada has recently seen the introduction of "ag gag" laws in various levels of government, and a few provinces have fully adopted the laws. This article examines specific ag gag provisions from several Canadian provinces, and argues that they are a threat to the rule of law. Ag gag laws in several US states have been struck down for violating the right to free speech, and there are similar constitutional problems with the Canadian versions. We argue that ag gag also undermines even more fundamental rule of law principles, including the precepts that everyone is subject to the law, and no one can violate the law with impunity. Ag gag's rule of law problem is rooted in the deficiencies of Canada's farmed animal protection laws, which ag gag exacerbates by making it harder to hold those deficiencies to public scrutiny. We argue that the Canadian laws, regulations, and guidelines that are supposed to protect animals are in reality so weak – at least when it comes to farm and industrially exploited animals - that they do not really function as law at all. In other words, they are fake laws. Undercover investigations, whistleblowing, and protests are proven effective ways of exposing the lack of meaningful animal protections. But ag gag laws threaten to limit the possibilities for such actions, and thus reinforce the failure of Canadian animal protection laws to function as real law.

The Council of Ministers approved a royal decree on August 23rd establishing that Spanish slaughterhouses will be monitored by mandatory surveillance systems, making Spain the first EU country to introduce compulsory slaughterhouse video monitoring. Once a formal announcement is published in the Official State Gazette, larger slaughterhouses will have one year to implement the rule while a two-year period will apply to smaller facilities.

A truck carrying chickens overturned in Hamilton on August 19th, tossing the birds, who were locked in cages, across the road and grass. Animal Justice has contacted the Canadian Food Inspection Agency to ask for an investigation of the incident.

Lactalis Canada has announced that they are turning their Sudbury dairy facility into a plant-based production facility effective September 30 due to long-term volume decline and increased costs in the fluid milk market in Ontario. Animal Justice applauds this move given conditions for cows on dairy farms and changes to the Canada Food Guide promoting water as the optimal beverage and removing dairy as a separate category.

Ontario Provincial Police (OPP) state that 2,400 chicks fell out of a commercial truck in Beamsville after a driver forgot to close the door. OPP Sergeant Kerry Schmidt states that no charges were laid and that he believes all the chicks survived. OPP made light of the accident in a tweet online, and multiple news sources followed their lead.