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Brooks Animal Law Digest

Canada Edition: Issue 25

  BACK TO CANADA DIGEST INDEX

This Week's Spotlights

Legislative Updates

August 31, 2022
Health Canada Proposes Continued Use of Poison to Kill Wild Animals

Health Canada’s Pest Management Regulatory Agency proposed the continued use of strychnine and sodium monofluroacetate (also known as Compound 1080) currently in use in Alberta to kill wolves, coyotes, black bears, and skunks. The proposed decision highlights steps to reduce the killing of non-target animals. A ninety-day public consultation period is open for additional information to be taken into consideration before the final decision.

September 16, 2022
Four Quebec Parties Commit to Banning Fur Farming During Debate

During a provincial electoral debate on animal protection presented by the Montreal Society for the Prevention of Cruelty to Animals (SPCA), all four participating party representatives committed to banning fur farming of foxes and minks in Quebec. The Montreal SPCA states that this is the first time the four parties - the Parti conservateur du Québec, the Quebec Liberal Party, the Parti Québécois, and Québec solidaire - have taken a formal position on the issue.

Litigation Updates

August 31, 2022
Animal Justice Granted Intervenor Status in Quebec Vegan Labeling Lawsuit

Animal Justice was granted intervenor status in a lawsuit by vegan cheese company Rawsome against the federal government and province of Quebec, over whether Rawesome can use the term “cheese” on its cashew-based cream cheese products, which authorities have alleged is misleading to the public. Animal Justice will argue that banning vegan companies from using common words like “milk” and “cheese” is a violation of the s, 2(a) Charter right to freedom of conscience and the s. 2(b) Charter right to freedom of expression.

September 22, 2022
Marineland and Phil Demers Settle Decade-Long Legal Dispute Over Smooshi

Marineland and Phil Demers have settled their decade-long legal dispute ahead of the trial scheduled for October 2022. Marineland sued former employee turned whistleblower, Phil Demers, approximately $1.5 million in 2013 for an alleged plan to steal Smooshi the walrus, and Demers quickly countersued for defamation and abuse of process. As part of the settlement, Smooshi and her calf, Koyuk, will be rehomed as soon as reasonably possible.

Enforcement Updates

September 14, 2022
Three Quebec Residents Arrested and Charged After Sled Dogs Cruelly Killed

Three individuals were arrested following an investigation into sled dog operation Expedition Mi-Loup in Saint-Jean-de-l'Île-d'Orléans, Quebec. Antoine Simard, Elisabeth Leclerc, and Édouard Parent were charged with criminal animal cruelty and neglect after sled dogs and puppies were found frozen, drowned, shot, and gassed to death. A court appearance is set for November 16th, 2022.

Academic Updates

August 11, 2022
Canadians Should Eat Less Meat and Dairy to Achieve National Climate Targets, Study Finds

According to a new report by Navius Research, commissioned by World Animal Protection, Canadians should substantially reduce their red meat and dairy consumption if the country is to lower emissions from the agricultural sector. Canada’s aim is to reduce greenhouse gas emissions by forty percent below the 2005 levels by 2030, and achieve net-zero emissions by 2050. The report’s results indicate that Canada can reach these targets by reducing meat and dairy intake first by thirty percent then fifty percent.

International Updates

September 6, 2022
City in the Netherlands to Ban All Meat Advertising Due to Climate Crisis

Haarlem, a city in the Netherlands with a population of approximately 160,000 became the first city in the world to ban advertisements for meat in public places. The ban was enacted to reduce meat consumption and reduce associated greenhouse gas emissions. The ban will take effect in 2024.

Other Updates

September 9, 2022
Retiring Alberta Chief Justice Catherine Fraser Honours Animals at Retirement Dinner

During her retirement dinner speech, now former Chief Justice of the Alberta Court of Appeal, Catherine Fraser, highlighted how her dissent in Reece v Edmonton (City) affected her. According to Professor Peter Sankoff, she stated: “I wish sometimes I had been able to do more. I’m sorry Lucy, I really tried.” A legacy award was created in her name, The Catherine A. Fraser Award for Excellence in the Advancement of Animal Law.

September 12, 2022
Electronic Petition to Exempt Rescue Dogs from Federal Import Ban Open for Signatures

Heather Hulkenberg of Calgary, Alberta, initiated a formal online petition to the House of Commons to exempt rescue dogs from the upcoming ban on commercial dog imports from over 100 countries. Petition e-4122 (Animals) was authorized by Calgary Nosehill Conservative MP Michelle Rempel Garner. In less than two weeks, it garnered over 10,000 signatures and will be open until January 10th, 2023.

Legislative Updates

August 31, 2022
Health Canada Proposes Continued Use of Poison to Kill Wild Animals

Health Canada’s Pest Management Regulatory Agency proposed the continued use of strychnine and sodium monofluroacetate (also known as Compound 1080) currently in use in Alberta to kill wolves, coyotes, black bears, and skunks. The proposed decision highlights steps to reduce the killing of non-target animals. A ninety-day public consultation period is open for additional information to be taken into consideration before the final decision.

September 7, 2022
New By-Law Provides Regulation of Exotic and Other Animals in the Municipality of North Middlesex

A proposed by-law in the Ontario region of North Middlesex would regulate future exotic animal ownership in the region. The municipality’s current “Dog Control By-Law" has no provisions regarding exotic animals.

September 16, 2022
Four Quebec Parties Commit to Banning Fur Farming During Debate

During a provincial electoral debate on animal protection presented by the Montreal Society for the Prevention of Cruelty to Animals (SPCA), all four participating party representatives committed to banning fur farming of foxes and minks in Quebec. The Montreal SPCA states that this is the first time the four parties - the Parti conservateur du Québec, the Quebec Liberal Party, the Parti Québécois, and Québec solidaire - have taken a formal position on the issue.

Litigation Updates

August 31, 2022
Animal Justice Granted Intervenor Status in Quebec Vegan Labeling Lawsuit

Animal Justice was granted intervenor status in a lawsuit by vegan cheese company Rawsome against the federal government and province of Quebec, over whether Rawesome can use the term “cheese” on its cashew-based cream cheese products, which authorities have alleged is misleading to the public. Animal Justice will argue that banning vegan companies from using common words like “milk” and “cheese” is a violation of the s, 2(a) Charter right to freedom of conscience and the s. 2(b) Charter right to freedom of expression.

September 9, 2022
Ontario Woman to Pay $2,800 Before Return of Fourteen Cats

Nataliya Ishankova was ordered to pay $2,814.88 to the Ontario Animal Welfare Services (AWS) before they will return her fourteen cats. The cats were initially seized for being in distress. Ishankova was known to AWS, as they previously removed eighty cats belonging to her from a U-Haul.

September 9, 2022
Ghana Woman Fined $1,300 for Failing to Declare Cow Products at Canadian Border

Lydia Acheampong was ordered to pay a $1,300 fine for failing to present dried cow meat for inspection at the Canadian border in violation of the Health of Animals Regulations. Arriving by air from Ghana, Acheampong declared that she was not bringing any food, plant, or animal by-products into the country. A Canadian Border Services Agent uncovered six kilograms of dried cow meat.

September 13, 2022
Vancouver Man Acquitted for Bylaw Infraction After Dog Encounter with Child

Kevin Lam was acquitted of two charges under the City of Vancouver's Animal Control Bylaw, failing to hold a valid license and allowing his dog, Rousey, to bite, attack, or injure a person, namely a young child named Grayson. Represented by Rebeka Breder, Judicial Justice Zahid Makhdom was not convinced beyond a reasonable doubt that Rousey attacked Grayson.

September 22, 2022
Marineland and Phil Demers Settle Decade-Long Legal Dispute Over Smooshi

Marineland and Phil Demers have settled their decade-long legal dispute ahead of the trial scheduled for October 2022. Marineland sued former employee turned whistleblower, Phil Demers, approximately $1.5 million in 2013 for an alleged plan to steal Smooshi the walrus, and Demers quickly countersued for defamation and abuse of process. As part of the settlement, Smooshi and her calf, Koyuk, will be rehomed as soon as reasonably possible.

Enforcement Updates

September 8, 2022
CFIA Releases Report on Monetary Penalties for Health of Animals Act Violations

The Canadian Food Inspection Agency released its second quarterly report on Administrative Monetary Policies (AMPs) for April to June 2022. For violations of the Health of Animals Act or its accompanying regulations, thirty-seven AMPs were issued across Canada, totaling $163,600.

September 14, 2022
Three Quebec Residents Arrested and Charged After Sled Dogs Cruelly Killed

Three individuals were arrested following an investigation into sled dog operation Expedition Mi-Loup in Saint-Jean-de-l'Île-d'Orléans, Quebec. Antoine Simard, Elisabeth Leclerc, and Édouard Parent were charged with criminal animal cruelty and neglect after sled dogs and puppies were found frozen, drowned, shot, and gassed to death. A court appearance is set for November 16th, 2022.

Academic Updates

August 11, 2022
Canadians Should Eat Less Meat and Dairy to Achieve National Climate Targets, Study Finds

According to a new report by Navius Research, commissioned by World Animal Protection, Canadians should substantially reduce their red meat and dairy consumption if the country is to lower emissions from the agricultural sector. Canada’s aim is to reduce greenhouse gas emissions by forty percent below the 2005 levels by 2030, and achieve net-zero emissions by 2050. The report’s results indicate that Canada can reach these targets by reducing meat and dairy intake first by thirty percent then fifty percent.

International Updates

September 6, 2022
City in the Netherlands to Ban All Meat Advertising Due to Climate Crisis

Haarlem, a city in the Netherlands with a population of approximately 160,000 became the first city in the world to ban advertisements for meat in public places. The ban was enacted to reduce meat consumption and reduce associated greenhouse gas emissions. The ban will take effect in 2024.

Other Updates

September 9, 2022
Retiring Alberta Chief Justice Catherine Fraser Honours Animals at Retirement Dinner

During her retirement dinner speech, now former Chief Justice of the Alberta Court of Appeal, Catherine Fraser, highlighted how her dissent in Reece v Edmonton (City) affected her. According to Professor Peter Sankoff, she stated: “I wish sometimes I had been able to do more. I’m sorry Lucy, I really tried.” A legacy award was created in her name, The Catherine A. Fraser Award for Excellence in the Advancement of Animal Law.

September 12, 2022
Electronic Petition to Exempt Rescue Dogs from Federal Import Ban Open for Signatures

Heather Hulkenberg of Calgary, Alberta, initiated a formal online petition to the House of Commons to exempt rescue dogs from the upcoming ban on commercial dog imports from over 100 countries. Petition e-4122 (Animals) was authorized by Calgary Nosehill Conservative MP Michelle Rempel Garner. In less than two weeks, it garnered over 10,000 signatures and will be open until January 10th, 2023.

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