Brooks Animal Law Digest

Senator Jane Cordy with the Progressive Senate Group rose to speak in support of the proposed Bill S-241: Jane Goodall Act. In her speech, available as a video or text, Senator Cordy said that “Bill S-241 has the potential to establish the strongest protections for captive wild animals anywhere in the world.” She called for the Bill to be sent to committee for further study.

A ban by the Canadian Food Inspection Agency (CFIA) on importing dogs from a list of over 100 countries came into effect on September 28th, 2022. Animal advocacy organizations have filed a complaint to the Complaints and Appeals Office of the CFIA asking for reconsideration in order to allow rescued dogs to continue entering Canada for rehoming.

Environment commissioner Jerry DeMarco reported that an audit of Canada’s efforts to protect aquatic species at risk found Fisheries and Oceans Canada very slow to act on the recommendations made to it by the Committee on the Status of Endangered Wildlife under the Species at Risk Act (SARA). DeMarco notes that that reviews of half of the 230 aquatic species recommended by the Committee to be designated “at risk” have not been completed since SARA came into effect in 2004. He highlights that twelve years have passed since the Committee recommended (for the second time) that Newfoundland cod be placed on the endangered species list and Fisheries and Oceans Canada have yet to finish their review.

Rawsome Raw Vegan Inc., a vegan cheese company, successfully appealed a 2021 conviction that found them guilty of violating food labeling laws by describing their cashew-based products as “cheese.” The Quebec Superior Court overturned the conviction, finding that the labeling laws only applied to dairy-based cheeses. Rawsome Raw Vegan Inc. is still proceeding with a Charter challenge against the labeling laws alongside Animal Justice, which was granted intervenor status in August 2022.

The Quebec Superior Court denied the request for an extension of the safeguard order issued this past spring regarding the City of Longueuil’s plans to cull over sixty deer in Michel-Chartrand Park. Anne-France Goldwater, lawyer for Sauvetage Animal Rescue, a group of advocates opposing the hunt, requested the extension on September 28th, 2022. The Montreal Society for the Prevention of Cruelty to Animals (SPCA), an intervenor in the case, argued that the City of Longueuil’s proposed culling method, use of a bow-and-arrow, raises animal welfare concerns and urged the consideration of non-lethal methods such as sterilization or chemical contraception. The Montreal SPCA plans to appeal the decision.

Paul J Harpley, “Zoos in Canada: Responses to COVID-19 Pandemic” (2022) in Stanley D Brunn & Donna Gilbreath (Eds), COVID-19 and a World of Ad Hoc Geographies, 2259-2286.

Abstract: The COVID-19 pandemic has had a significant impact on Canadian zoos’ current and potentially future operations, form, and function as a modern western zoo. Evolving from ancient institutions that have responded over millennia to their human community interests, desires, social/cultural needs, and constraints of animal keeping and display, zoos continue to evolve. Impacts of this major pandemic on public recreation, animal behaviour, animal health and care, conservation, and other programs in the geographic context of diverse Canadian zoos are explored. Provisional observations and analysis are presented, even as the pandemic still rages in many geographic regions of the world. A cold climate northern country, Canada’s unique zoo institutional challenges are investigated, for future zoo prospects in an emerging world with zoonotic and other human disease risks, biodiversity losses, and changing climate. New perspectives with historical geography considerations are also presented including a summary of the major impacts of COVID-19 and Canada’s response, resilience and institutional responses, animal behaviour change and care and repercussions on other Canadian zoos.

Latvian Parliament passed amendments to the Animal Protection Law which would ban fur farming beginning in January 2028. The ban will end operations for the four remaining fur farms in Latvia, who keep approximately 270 animals for fur. In passing the law, Latvia became the fifteenth European country to ban fur farms.

Approximately sixty-three percent of voters in Switzerland rejected a referendum asking whether factory farming should be banned in the country. The initiative was opposed by farmers unions, which argued that animals are already protected under Swiss law.

Responding to a typhoon-caused capsizing of a ship in 2020 off the coast of Japan in which the lives of 6000 cattle and 41 crew members were lost, New Zealand announced that it would ban the export of live sheep and cattle by sea on April 30th 2023.

Upon its return from summer recess, the Canadian Senate resumed second reading debates of the proposed Bill S-241: Jane Goodall Act. Senator Chantal Petitclerc gave a speech supporting the bill. The senator argued that by protecting the over 800 species designated in the bill, “Canada would become a leader in protecting against animal cruelty and neglect.”

British Columbia is in Phase One of a three-phase and multi-year review[AF1]  to modernize its Family Law Act. Animal advocates in British Columbia see the review as an opportunity for the province to recognize companion animals as family by including specific provisions for companion animals.

Senator Jane Cordy with the Progressive Senate Group rose to speak in support of the proposed Bill S-241: Jane Goodall Act. In her speech, available as a video or text, Senator Cordy said that “Bill S-241 has the potential to establish the strongest protections for captive wild animals anywhere in the world.” She called for the Bill to be sent to committee for further study.

The Canadian Food Inspection Agency (CFIA) amended the Humane Transportation of Animals Regulation in 2019 to require truck drivers to process paperwork showing that animals were properly treated (fed, watered, and rested) before boarding the truck. A two-year grace period expired in February 2022; however, the required “Transfer of Care” document is reportedly not being used widely and there is no pressure from the CFIA to begin using it.

A pilot project funded by the governments of Canada and British Columbia offers livestock emergency response trailers in the Lower Mainland and Kootenays. The trailers will be available to support producers during emergencies to capture, contain, and transport animals out of dangerous situations. This response came from the Canadian Agricultural Partnership, part of a five-year, three-billion-dollar commitment.

Canadian Minister of Agriculture and Agri-Food, Marie-Claude Bibeau, announced the appointment of Shikha Jain to the Board of Directors of the Canadian Dairy Commission (CDC) for a four-year term. Jain is the Chief Executive Officer of Green Energy Trading Corporation, a green tech organization that supports farming sustainability in the dairy industry. Part of the CDC’s mandate letter includes environmental commitments and support for climate resiliency.

A ban by the Canadian Food Inspection Agency (CFIA) on importing dogs from a list of over 100 countries came into effect on September 28th, 2022. Animal advocacy organizations have filed a complaint to the Complaints and Appeals Office of the CFIA asking for reconsideration in order to allow rescued dogs to continue entering Canada for rehoming.

Environment commissioner Jerry DeMarco reported that an audit of Canada’s efforts to protect aquatic species at risk found Fisheries and Oceans Canada very slow to act on the recommendations made to it by the Committee on the Status of Endangered Wildlife under the Species at Risk Act (SARA). DeMarco notes that that reviews of half of the 230 aquatic species recommended by the Committee to be designated “at risk” have not been completed since SARA came into effect in 2004. He highlights that twelve years have passed since the Committee recommended (for the second time) that Newfoundland cod be placed on the endangered species list and Fisheries and Oceans Canada have yet to finish their review.

Rawsome Raw Vegan Inc., a vegan cheese company, successfully appealed a 2021 conviction that found them guilty of violating food labeling laws by describing their cashew-based products as “cheese.” The Quebec Superior Court overturned the conviction, finding that the labeling laws only applied to dairy-based cheeses. Rawsome Raw Vegan Inc. is still proceeding with a Charter challenge against the labeling laws alongside Animal Justice, which was granted intervenor status in August 2022.

Justice Matheson of the Ontario Superior Court granted a stay of a decision ordering Windrift Adventures Inc to pay a one-million-dollar bill for the continued care of over 100 sled dogs seized from Windrift in 2021. This latest update is part of the ongoing litigation between Windrift and Ontario Animal Welfare Services. The stay will extend until the Divisional Court releases decisions on two applications which may impact whether Windrift must pay the one million.

Ontario Farmer Matt Peredery was ordered to pay $13,959.45 to the provincial government for costs associated with the seizure, transport, and veterinary care for twenty-nine chickens, five ducks, and four rabbits, which were seized from his property by Ontario Animal Welfare Services in February 2022. Peredery appealed three statements of account, and Adjudicator Susan Clarke lowered the total amount by $1,034.68. He also appealed a Compliance Order for the remaining animals on his farm, but the Compliance Order was confirmed and he has until October 31st 2022 to comply.

The Quebec Superior Court denied the request for an extension of the safeguard order issued this past spring regarding the City of Longueuil’s plans to cull over sixty deer in Michel-Chartrand Park. Anne-France Goldwater, lawyer for Sauvetage Animal Rescue, a group of advocates opposing the hunt, requested the extension on September 28th, 2022. The Montreal Society for the Prevention of Cruelty to Animals (SPCA), an intervenor in the case, argued that the City of Longueuil’s proposed culling method, use of a bow-and-arrow, raises animal welfare concerns and urged the consideration of non-lethal methods such as sterilization or chemical contraception. The Montreal SPCA plans to appeal the decision.

Kamthong Clasby and Terence Lee Clasby were initially arrested on September 21st, 2021 for allegedly feeding coyotes in British Columbia’s Stanley Park. The two were charged a year after the alleged feeding with four offences under the Wildlife Act. Their next court appearance is October 4th, 2022.

Bradley MacIntyre was charged with break and enter, possession of a weapon dangerous to public peace, and causing an animal unnecessary suffering for allegedly breaking into a home and stabbing a dog. MacIntyre called police to turn himself in on September 29th, 2022. He was scheduled to appear in Dartmouth Provincial Court on October 3rd, 2022.

Paul J Harpley, “Zoos in Canada: Responses to COVID-19 Pandemic” (2022) in Stanley D Brunn & Donna Gilbreath (Eds), COVID-19 and a World of Ad Hoc Geographies, 2259-2286.

Abstract: The COVID-19 pandemic has had a significant impact on Canadian zoos’ current and potentially future operations, form, and function as a modern western zoo. Evolving from ancient institutions that have responded over millennia to their human community interests, desires, social/cultural needs, and constraints of animal keeping and display, zoos continue to evolve. Impacts of this major pandemic on public recreation, animal behaviour, animal health and care, conservation, and other programs in the geographic context of diverse Canadian zoos are explored. Provisional observations and analysis are presented, even as the pandemic still rages in many geographic regions of the world. A cold climate northern country, Canada’s unique zoo institutional challenges are investigated, for future zoo prospects in an emerging world with zoonotic and other human disease risks, biodiversity losses, and changing climate. New perspectives with historical geography considerations are also presented including a summary of the major impacts of COVID-19 and Canada’s response, resilience and institutional responses, animal behaviour change and care and repercussions on other Canadian zoos.

Agriculture and Agri-Food Canada & Province of Manitoba, 150 Years of Farming in Manitoba (published online, 2022).

Summary: The governments of Canada and Manitoba have launched 150 Years of Farming in Manitoba, an e-book developed in partnership with Keystone Agricultural Producers (KAP) that shares the 150-year evolution of the agriculture and agri-food sector in Manitoba, federal Agriculture and Agri-Food Minister Marie-Claude Bibeau and Manitoba Agriculture Minister Derek Johnson announced today. The e-book highlights the economic, societal and environmental benefits of agriculture in Manitoba, with a particular focus on the innovations of the last 50 years including those related to animal care, crop production, soil research and food safety.

Chapters addressing animal agriculture include chapters three “Return of the Bison,” six “Protein Explained,” nine “Hogging Headlines,” fifteen “Here’s the Beef,” and eighteen “Supply Managed.”

Latvian Parliament passed amendments to the Animal Protection Law which would ban fur farming beginning in January 2028. The ban will end operations for the four remaining fur farms in Latvia, who keep approximately 270 animals for fur. In passing the law, Latvia became the fifteenth European country to ban fur farms.

Approximately sixty-three percent of voters in Switzerland rejected a referendum asking whether factory farming should be banned in the country. The initiative was opposed by farmers unions, which argued that animals are already protected under Swiss law.

Responding to a typhoon-caused capsizing of a ship in 2020 off the coast of Japan in which the lives of 6000 cattle and 41 crew members were lost, New Zealand announced that it would ban the export of live sheep and cattle by sea on April 30th 2023.