Although not initially included in the party platforms, after realizing demand for animal policy was high, four of Canada’s major political parties - Liberal Party, Conservative Party, New Democratic Party, and Green Party - included animal policies as part of their election campaigns in the Federal Election this Fall. Additionally, Animal Justice hosted the first ever National Animal Protection Election Debate on 12 September 2021. Read more and watch the recorded debate here.
Issue 6: Fall 2021 Highlights
Spotlights
Legislative Updates
Litigation Updates
R v Chen (2021 ABCA) Decision Released
For the first time, an appellate court has articulated the sentencing principles for criminal animal cruelty offences. Writing for the unanimous Court, Paperny JA began by highlighting the enforcement gap and the conclusion that sentences in animal cruelty offences often do not reflect the gravity of the offence, and that Parliment’s action of increasing the sentences for animal cruelty in 2008 meant that the courts should give harsher penalties than were given before the amendment. Concluding that animal cruelty is a crime of violence, Paperny JA stated “I agree that animals, sentient beings that experience pain and suffering, must be treated as living victims and not chattels. Smashing a pet through a window is not the same as smashing a window” (para 27). The Court found that deterrence and decunciation are primary considerations in sentences in animal cruelty because “[a]nimals feel pain and suffer, they are not merely property” (para 39). The Court continued: “All animals not living in the wild, including companion animals, livestock, and animals in industrialized production settings, are under the complete dominion of human caretakers and are extremely vulnerable to mistreatment and exploitation at the hands of those caretakers. They are at the mercy of those who are expected to care for them and, unlike some other victims of crime, are incapable of communicating their suffering” (para 39). Read more here, including a link to the decision.
Marineland Charged for Criminal Code Violations
Following complaints from Last Chance for Animals and Animal Justice in October, Niagara Region Police Service (NRPS) have charged Marineland under s. 445.2(4) of the Criminal Code. The provision criminalizes using captive cetaceans for performance and entertainment purposes without authorization. Marineland’s first court date for these charges is 14 February 2022. Read NRPS’s release here.
Enforcement Updates
Ontario Auditor General Criticizes Government’s Failure to Protect Endangered Species
Ontario Auditor General, Bonnie Lysyk, released an annual report “Protecting and Recovering Species at Risk.” Within the Report, she scrutinizes Ontario’s practice of automatically approving development plans without consideration of the Endangered Species Act. Lysyk states “The Ministry is essentially facilitating development rather than protecting species at risk.” Read the news release here.
Academic Updates - Paper and Video Presentation
Animals as Property, Quasi-Property or Quasi-Person
Angela Fernandez, “Animals as Property, Quasi-Property or Quasi-Person,” paper and accompanying video presentation (with trailer) has been made available in the Brooks U series Animal Law Fundamentals. See here.
Abstract: It is often said that there are only two available legal categories for nonhuman animals, property or person. Faced with this stark choice, judges, legislators, and members of the public will likely place them in the property category. This paper proposes an in between quasi-hood status – quasi-property/quasi-personhood – that can be used to downplay the property-like qualities of nonhuman animals and augment their personhood-like ones. This status can be used for a large number of nonhuman animals, both as individuals and at a species level, as a kind of sliding scale, as human understanding and views of nonhuman animals and what we owe them change over time.
International Updates
United Kingdom Recognizes Lobsters, Octopuses, and Crabs as Sentient Beings
An amendment to the United Kingdom’s Animal Welfare (Sentience) BIll will add lobsters, octopuses, crabs and all other decapod crustaceans and cephalopod molluscs to the list of sentient beings. The amendment follows extensive research by the London School of Economics and Political Science which concluded strong scientific support that the mentioned sealife are sentient. Read more here.
Legislative Updates
Canadian Federal Parties Included Animal Policy in their Election Platforms
Although not initially included in the party platforms, after realizing demand for animal policy was high, four of Canada’s major political parties - Liberal Party, Conservative Party, New Democratic Party, and Green Party - included animal policies as part of their election campaigns in the Federal Election this Fall. Additionally, Animal Justice hosted the first ever National Animal Protection Election Debate on 12 September 2021. Read more and watch the recorded debate here.
Vancouver City Council Votes to Shift to 20% Plant-Based Purchasing
The Vancouver City Council (VHS) unanimously voted to pass this motion to reduce city spending on animal-based products by 20%. The vote comes after a report was submitted by the Vancouver Humane Society (VHS) titled “Increasing Plant-Based Purchasing at the Municipal Level.” See the VHS post here.
British Columbia to Phase-Out Mink Farms by 2025
Minister of Agriculture, Lana Popham, announced that the province will phase-out mink farming by April 2025. The government will assist the nine current BC mink farms which employ 150 people. The decision comes from ongoing concerns of public health and mink farming. Read the release here.
Litigation Updates
R v Black-Sturby: Farm Owner Facing Criminal Charges
Connie Black-Sturby faces criminal charges after the Animal Protection Services of Saskatchewan seized 107 cattle from a rural farm near Prince Albert in April 2020. This case marks a growing trend of enforcement agencies holding farm owners accountable for the suffering of their farmed animals. Read more here.
R v Blake: Adjourned for Judicial Pre-Trial
Andrew Blake, charged with one count of careless driving causing death under Ontario’s provincial Highway Traffic Act, appeared in court on November 1st. There, his case was adjourned until December 8th for a judicial pre-trial. This case proceeds almost one and a half years after Blake killed animal rights activist Regan Russell outside Fearmans Pork slaughterhouse in Burlington Ontario in June 2020. Read more here.
R v Chen (2021 ABCA) Decision Released
For the first time, an appellate court has articulated the sentencing principles for criminal animal cruelty offences. Writing for the unanimous Court, Paperny JA began by highlighting the enforcement gap and the conclusion that sentences in animal cruelty offences often do not reflect the gravity of the offence, and that Parliment’s action of increasing the sentences for animal cruelty in 2008 meant that the courts should give harsher penalties than were given before the amendment. Concluding that animal cruelty is a crime of violence, Paperny JA stated “I agree that animals, sentient beings that experience pain and suffering, must be treated as living victims and not chattels. Smashing a pet through a window is not the same as smashing a window” (para 27). The Court found that deterrence and decunciation are primary considerations in sentences in animal cruelty because “[a]nimals feel pain and suffer, they are not merely property” (para 39). The Court continued: “All animals not living in the wild, including companion animals, livestock, and animals in industrialized production settings, are under the complete dominion of human caretakers and are extremely vulnerable to mistreatment and exploitation at the hands of those caretakers. They are at the mercy of those who are expected to care for them and, unlike some other victims of crime, are incapable of communicating their suffering” (para 39). Read more here, including a link to the decision.
Animal Justice to Give Argument on Legal Standing at the Supreme Court of Canada
Animal Justice was granted intervenor status in British Columbia (AG) v Council of Canadians with Disabilities, in which public interest standing is in dispute. As public interest standing has been a barrier to justice in animal rights advocacy (see Reece v Edmonton (City) and Zoocheck v Alberta (Min of Ag)), Animal Justice has submitted arguments highlighting the importance of access to justice and protection of vulnerable groups in the Court's consideration of public interest standing. Read more here.
Marineland Charged for Criminal Code Violations
Following complaints from Last Chance for Animals and Animal Justice in October, Niagara Region Police Service (NRPS) have charged Marineland under s. 445.2(4) of the Criminal Code. The provision criminalizes using captive cetaceans for performance and entertainment purposes without authorization. Marineland’s first court date for these charges is 14 February 2022. Read NRPS’s release here.
Enforcement Updates
British Columbia Police Criticized for Deadly Use-of-Force Against Animals
Following a lawsuit led by animal lawyer Rebeka Breder, police in British Columbia are receiving criticism over their lack of training surrounding use-of-force and animals. Data from the BC Ministry of Public Safety has revealed that between 2007 and 2019, out of 1,049 firearm incidents, 803 (~76.5%) involved an officer discharging their guns toward an animal, which includes both companion animals and wild animals. Read more here.
Cedar Valley Farms Licence Conditionally Reinstated
Following the complaints and exposé released in October 2021, the British Columbia Milk Marketing Board (BC Milk) has conditionally reinstated the licence for Cedar Valley Farms after two weeks of suspension. BC Milk released a notice that they have concluded their investigations into the allegations of violations of the Code of Practice for the Care and Handling of Dairy Cattle, concluding that there were multiple violations and the BC SPCA will continue to investigate. BC Milk contends that there was independent oversight during the suspension period and the animals are “healthy and receiving proper care.” Read the notice here.
Ontario Auditor General Criticizes Government’s Failure to Protect Endangered Species
Ontario Auditor General, Bonnie Lysyk, released an annual report “Protecting and Recovering Species at Risk.” Within the Report, she scrutinizes Ontario’s practice of automatically approving development plans without consideration of the Endangered Species Act. Lysyk states “The Ministry is essentially facilitating development rather than protecting species at risk.” Read the news release here.
Academic Updates
Animal Law Textbook
V. Victoria Schroff, Canadian Animal Law (LexisNexis Canada, 2021)
Summary of text: This book provides commentary and analysis of the main issues in animal law, with a focus on how the field intersects with more mainstream practice areas, including family law, criminal law, wills and estates, environmental law, and professional liability. Canadian Animal Law is an engaging and accessible read that will appeal to a broad audience, from law students and lawyers, to animal rights activists and members of the general public. Drawing on her more than twenty years of experience in the animal law field – in both the courtroom and the classroom – Shroff provides commentary and analysis of the main issues in animal law, with a focus on how they intersect with other doctrinal areas. Her insightful examination of these topics is illustrated with interesting real-life examples, case studies and case law and an understanding of intersectional points of view. In addition, this unique book includes chapters dedicated to international animal law, wildlife law, and animals in research and science. See more here.
Paper and Video Presentation
Animals as Property, Quasi-Property or Quasi-Person
Angela Fernandez, “Animals as Property, Quasi-Property or Quasi-Person,” paper and accompanying video presentation (with trailer) has been made available in the Brooks U series Animal Law Fundamentals. See here.
Abstract: It is often said that there are only two available legal categories for nonhuman animals, property or person. Faced with this stark choice, judges, legislators, and members of the public will likely place them in the property category. This paper proposes an in between quasi-hood status – quasi-property/quasi-personhood – that can be used to downplay the property-like qualities of nonhuman animals and augment their personhood-like ones. This status can be used for a large number of nonhuman animals, both as individuals and at a species level, as a kind of sliding scale, as human understanding and views of nonhuman animals and what we owe them change over time.
International Updates
Landmark Animal Personhood Case Proceedings from US and Colombia
After the death of Pablo Escobar, the hippos he had smuggled into Colombia thrived and reproduced. Colombian authorities have been discussing whether to cull approximately 100 hippos to curb the population. Since Colombia allows animals to sue to protect their interests, the US-based Animal Legal Defence Fund (ALDF) applied for two wildlife experts in Ohio to give depositions arguing for the use of one contraceptive over another to control the population of this community of hippos. The US District Court for the Southern District of Ohio granted the application that the hippos themselves as parties to the lawsuit were “interested persons” under the US statute allowing for depositions to be taken in the US in support of a foreign case, thereby becoming the first US Court to accept the premise that hippos are legal persons. Read more here.
United Kingdom Recognizes Lobsters, Octopuses, and Crabs as Sentient Beings
An amendment to the United Kingdom’s Animal Welfare (Sentience) BIll will add lobsters, octopuses, crabs and all other decapod crustaceans and cephalopod molluscs to the list of sentient beings. The amendment follows extensive research by the London School of Economics and Political Science which concluded strong scientific support that the mentioned sealife are sentient. Read more here.
Spain Recognizes Animals as Sentient Beings in Civil Code
Spain’s Congress of Deputies has passed legislation recognizing animals as sentient beings and not objects. Although Spain’s Criminal Code already recognized animal sentience, the new law changes Spain’s Civil Code to ensure animal wellbeing will be taken into account during divorce and separation. Read more here.
Iran Parliament Introduces a Ban on Domesticated Animals
Iran’s conservative leadership has introduced a bill entitled Protection of the Public’s Rights Against Animals which would criminalize the keeping of companion animals, including dogs, cats, snakes, rabbits, and more. Parliamentarians are justifying the bill, claiming domesticated dogs cause nursainces and cause bodily harm to humans. The bill would impose several punishments, such as animal confiscation, a fine of $900-$2700, a three-month jail term for walking a dog in public, or impoundment of a car if driving with a dog in the car. Read more here.
The Canada Edition of the Animal Law Digest is published twice monthly in collaboration with the University of Toronto Faculty of Law.