Recent Developments in Canadian Animal Rights Law & Policy

Recent

Developments

in Canadian

Animal Rights

Law & Policy

2023 YEAR IN REVIEW

A curated compilation of the Brooks Animal Law Digest – Canada Edition

Materials and analysis by Angela Fernandez and Krystal-Anne Roussel

About

This compendium is a curated compilation of the Canada Edition of the Brooks Animal Law

Digest, a collaboration between The Brooks Institute for Animal Rights Law & Policy, Inc. and

the University of Toronto Faculty of Law. This premier online production is published twice

monthly and offers timely in-depth and up-to-date coverage on current events pertaining

to Canadian animal law. The Digest is meant to serve as a resource for anyone interested

in learning more about the eld of animal law—either as a high-level overview of current

developments or a jumping off point for digging deeper into a specic issue.

Visit the Brooks Institute website to view the full issue archive and subscribe.

Editors

Angela Fernandez is a Full Professor at the Faculty of Law, University of Toronto, where

she is cross-appointed to the Department of History. She clerked for former Justice Michel

Bastarache at the Supreme Court of Canada after completing her LL.B. (common law) and

B.C.L. (civil law degree) at the Faculty of Law at McGill University in 2000. Her graduate degrees

are from Queen’s University (an M.A. in philosophy) and Yale Law School, an LL.M. (Master’s in

law) and a J.S.D. (Doctorate in law). In addition to teaching animal law, Professor Fernandez

runs a Working Group on Animals in the Law & Humanities. She is a member of the Brooks

Animal Studies Academic Network (BASAN), a collaborative research network with the Brooks

Institute for Animal Rights, Law & Policy. In collaboration with Brooks, she supervises the

production of the Brooks Animal Law Digest: Canada Edition and oversees the University of

Toronto’s Animal Law Research Guide. For four years she has worked with Brooks and Animal

Justice to organize the North American Animal Law Conference and the Canadian Animal Law

Conference. She sits on the Board of Advisors of Animal Justice.

Krystal-Anne Roussel is the Animal Law Research Associate at the Faculty of Law, University

of Toronto. She graduated in 2020 from the University of Ottawa, Faculty of Law, where

she pursued her research interests in animal law, environmental law, and Indigenous laws

and legal traditions. During this time, she was the founder and president of the University

of Ottawa Animal Justice Association and was co-president of the University of Ottawa

Environmental Law Students’ Association. While completing her studies, she was awarded the

Newton Rowell Scholarship for academic excellence and interest in public service. She also

has an undergraduate degree in criminology and anthropology from St. Thomas University

in Fredericton, New Brunswick and a Certicate in Humane Education and Advanced Animal

Legal Issues from Thompson Rivers University in Kamloops, British Columbia. Krystal-Anne

worked as a summer student with Animal Justice in 2018 and East Coast Environmental

Law in 2019. She was called to the Bar in Ontario in May 2021 and articled with the Canadian

Environmental Law Association (CELA). She continued to work for CELA as legal counsel

and Water Policy Coordinator, Healthy Great Lakes and was awarded a TBCG Young Lawyers

Mentorship Fund Award by CELA in November 2022.

Table of Contents

LEGISLATIVE UPDATES �� 6

Federal Updates �� 7

• Ending Animal Testing �� 7

• Introducing Agricultural-Gag Laws �� 8

• Banning Live Horse Exports �� 8

• Protecting Captive Wild Animals �� 9

• Curbing Wild Animal Trafcking ��10

• Safeguarding Wildlife Habitat �� 11

• Other Updates ��12

Provincial Updates �� 13

• Alberta �� 13

• British Columbia �� 13

• Manitoba ��14

• New Brunswick ��14

• Newfoundland and Labrador ��15

• Ontario �� 15

• Prince Edward Island �� 18

• Québec ��18

Other Noteworthy Legislative Updates ��19

LITIGATION UPDATES �� 20

ENFORCEMENT UPDATES �� 27

Undercover Investigations �� 28

Animals Used in Entertainment �� 29

Pet Custody ��31

Police Misconduct �� 32

Precedent Setting Sentences for Animal Cruelty �� 33

Other �� 34

AGENCY UPDATES �� 36

Alberta �� 37

British Columbia ��37

Manitoba ��38

Nova Scotia ��38

Ontario �� 39

Indigenous Government �� 40

Federal �� 40

ACADEMIC UPDATES �� 45

OTHER UPDATES ��53

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Legislative

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

7

Federal Updates

ENDING ANIMAL TESTING

Canada Bans Cosmetic Testing on Animals

Canada ofcially banned cosmetics animal testing and trade with the passing of measures

through Bill C-47, the Budget Implementation Act, on June 22, 2023. These measures prohibit

cosmetics animal testing, ban the sale of products relying on new animal testing data,

and prohibit misleading labelling related to animal testing. Animal protection advocates,

including Humane Society International/Canada, Animal Alliance Canada, and Cruelty

Free International, along with industry partners such as Cosmetics Alliance Canada, Lush

Cosmetics, and The Body Shop, collaborated with the Canadian government to achieve this

milestone. Canada now joins over forty jurisdictions and major markets in ending or limiting

cosmetics animal testing and sales. The amendments came into effect on December 22,

2023. Health Canada issued guidance to aid industry compliance.

Canada Passes Groundbreaking Bill to End Toxicity Tests on Animals

On June 13, 2023, Bill S-5, the Strengthening Environmental Protection for a Healthier Canada

Act, received royal assent. Bill S-5 amends the Canadian Environmental Protection Act, 1999

(CEPA), a cornerstone federal law focused on pollution prevention and the regulation of toxic

substances, notably incorporating provisions aimed at phasing out toxicity tests on animals.

Under Bill S-5, the Canadian government formally acknowledges “the importance of promoting

the development and timely incorporation of scientically justied alternative methods and

strategies in the testing and assessment of substances to replace, reduce or rene the use

of vertebrate animals.” The Act mandates Environment and Health Ministers to integrate

these methods whenever feasible during substance toxicity assessments. Moreover, the Act

necessitates Ministers to publish a comprehensive plan within two years, outlining endeavors to

encourage the development and application of these alternative methods and strategies.

This marks the most signicant update to CEPA since 1999.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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On November 7, 2023, the Government of Canada issued a notice of intent to develop a strategy

aimed at implementing the amendments under Bill S-5, which will guide Health Canada and

Environment and Climate Change Canada in incorporating alternative methods and strategies.

INTRODUCING AGRICULTURAL-GAG LAWS

Federal Ag-Gag Style Bill Passes House of Commons

Bill C-275, a federal ag-gag style bill sponsored by Conservative Member of Parliament and

Agriculture and Agri-Food Committee Member John Barlow, passed its nal vote in the House

of Commons. During third reading debates on November 22, 2023, Member of Parliament

(MP) Caroline Desbiens expressed her concerns about the bill. Specically, MP Desbiens

raised questions about the federal government’s jurisdiction concerning the bill’s application.

She advocated for additional committee scrutiny, emphasizing the need for a thorough

examination of the bill’s functionality and application. Similar concerns have been raised by

animal law organizations like Animal Justice and AEL Advocacy, who note that the bill likely

encroaches upon provincial jurisdiction by introducing an additional legal mechanism for

prosecuting farm trespassers. Bill C-275 is now in the Senate for further study.

BANNING LIVE HORSE EXPORTS

Canada Introduces Two Bills to Ban Live Export of Horses for Slaughter

Senator Pierre Dalphond and singer Jann Arden collaborated to introduce a new Senate

bill, Bill S-270, also known as The Horse Protection Act, on June 21, 2023. The bill aims to ban

live horse exports for slaughter in Canada. This comes after MPs and animal-welfare groups

accused the federal government of going back on their commitment to ban the transport of

thousands of live horses to Japan and Member of Parliament Alistair MacGregor presented

a petition signed by more than 36,000 Canadians in the House of Commons calling on the

Minister of Agriculture and Agri-Food to end the practice. On June 20, Liberal MP Tim Louis

also announced plans to introduce a private member’s bill in the House of Commons to

outlaw the practice, highlighting the government’s lack of progress.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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After announcing plans to also introduce a private member’s bill to ban live horse exports on

June 20, Liberal MP Tim Louis presented Bill C-355 in the House of Commons on September 19,

2023. The bill similarly aims to prohibit the live export of horses for slaughter in Canada. During

second reading debates on December 14, 2023, Member of Parliament George Chahal voiced

his endorsement of the private member’s bill, stating: “Canadians want to see this practice

come to an end.” MP Chahal underscored the widespread concern by noting that the Minister of

Agriculture and Agri-Food has received nearly “27,000 pieces of correspondence on this issue.”

PROTECTING CAPTIVE WILD ANIMALS

Jane Goodall Act Passes Second Reading in the Senate

On June 8, 2023, Bill S-241, also known as the Jane Goodall Act, sponsored by Senator

Marty Klyne, successfully passed second reading in the Senate. Bill S-241 contains new legal

protections for over 800 species of captive non-domesticated animals, including big cats,

bears, wolves, hyenas, pinnipeds (marine mammals such as seals, sea lions, and walruses),

certain primates, and dangerous reptiles, including crocodilians, giant constrictors, and

venomous snakes. The bill also includes a legislative framework to exempt some “animal care

organizations” from restrictions (e.g. sanctuaries, rescue centres, and some zoos); and a call in

the preamble for measures to further address the unsustainable global wildlife trade through

regulation. Bill S-241 would lead to a national phase out of elephant captivity; allow for the

continuation of great ape conservation and science programs; and establish limited legal

standing for affected species in sentencing for captivity offences, such as illegal breeding or

use in performance for entertainment, allowing for the relocation of animals with costs. It also

sets up a framework for governments to extend the bill’s legal protections to additional wild

species by executive order, through what is being called by some the “Noah Clause.” As with

Canada’s 2019 whale and dolphin captivity laws, the bill essentially prohibits new captivity of

affected species, subject to the legislation’s licensing framework.

Bill S-241 is the most debated bill in second reading in the Senate this 44th Parliament,

spanning over thirteen months with fteen speeches and over four hours of debate. Senator

Dennis Glen Patterson, for example, has expressed his concerns about the potential impact of

a clause that creates an “animal advocate” under section 445.2(1) of the Criminal Code, putting

forward various slippery slope arguments about what it could mean to grant rights to animals.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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Senator Patterson also called for an examination of how the bill encroaches on provincial

jurisdiction over animal welfare laws. Senator Donald Neil Plett, the leader of the Opposition in

the Canadian Senate, has expressed similar concerns that granting limited legal standing to

animals could have far-reaching consequences for zoos and agriculture.

During the House of Commons question period on May 9, 2023, Senator Marty Klyne asked

the federal government about the fate of Bill S-241, the Jane Goodall Act. Senator Klyne

emphasized that the bill “would fulll two government election commitments reected in

Minister Guilbeault’s mandate letter to protect captive wild animals and to curb wild animal

trafcking including elephant ivory and rhino horn.”

The bill will now undergo further examination by several Senate committees.

Canada Introduces Bill to End Elephant and Great Ape Captivity

On November 21, 2023, Bill S-15, sponsored by Senator Marty Klyne, was introduced in

the Senate. Aiming to phase out the captivity of elephants and great apes, the bill would

prohibit acquiring new animals or breeding existing ones, immediately ending their use in

entertainment. Exceptions would apply for rescue efforts and legitimate conservation programs.

Senator Klyne describes Bill S-15 as “essentially a piece of Bill S-241,” the Jane Goodall Act. Calling

the bills “related but distinct,” he points out that Bill S-15 does not include certain features of Bill

S-241, such as the animal care organization framework or the possibility of judicial relocation

of animals. Building on the ban on whale and dolphin captivity, this fullls a 2021 election

platform commitment by the Liberal government. The bill is currently under Senate study.

CURBING WILD ANIMAL TRAFFICKING

Canada Bans Trade of Elephant Ivory and Rhino Horns

On November 20, 2023, the Government of Canada passed amendments to the Wild Animal

and Plant Trade Regulations to prohibit the import and export of elephant ivory and rhino

horn, extending to hunting trophies containing these parts. Previously prohibited without a

permit, permits will now only be issued if the item in question is being transported for use

in a museum, zoo, for scientic research, or to support a law enforcement investigation in

some way. This means that big game hunters will no longer be allowed to obtain a permit to

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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transport a hunting trophy containing elephant tusks or rhinoceros horn into Canada. The

changes will come into effect on January 8, 2024.

SAFEGUARDING WILDLIFE HABITAT

Federal Government Launches Study on Removal of 7,400 Acres of Habitat from Greenbelt

On March 21, 2023, the federal government launched an environmental study of Rouge National

Urban Park to evaluate the impacts of Ontario’s decision to pass new regulations removing 7,400

acres of land from the Greenbelt for housing developments. Parks Canada criticized the decision

in fall 2022, saying it could cause irreversible harm to wildlife, including endangered species.

The study, led by the Impact Assessment Agency of Canada, will assess the park’s biodiversity

and natural features, potentially delaying development of the adjacent Dufns Rouge

Agriculture Preserve. The study aims to protect wildlife, natural resources, and ecological

connectivity, and will include consultation with the public, Indigenous groups, and others.

Federal Government Proposes Three Nova Scotia Islands as National Wildlife Areas

On July 1, 2023, the federal government proposed amendments to the Wildlife Area

Regulations and Environmental Violations Administrative Monetary Penalties Regulations

for the designation of three remote Nova Scotia islands as National Wildlife Areas, offering

increased safeguards against habitat destruction, limited access, and restricted human use.

The proposed sites include St. Paul Island, Country Island, and Isle Haute, all known for their

exceptional ecological value. St. Paul Island serves as a stopover for migrating songbirds and

supports threatened species like Bicknell’s thrush and Leach’s storm petrel. Country Island

harbours a quarter of Canada’s endangered roseate tern nesting population, while Isle Haute

provides undisturbed habitat for sixty bird species. The wildlife designation aims to protect

these species and their habitats, with permits required for entry and specic activities.

Federal Bill to Expand Protected Habitats Passes Senate

On December 14, 2023, Bill S-14, the Protecting Canada’s Natural Wonders Act, sponsored

by Canada’s Minister of Environment and Climate Change, Steven Guilbeault, passed

third reading in the Senate. The bill will nalize the establishment of the Akami-Uapishk

U

-

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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KakKasuak-Mealy Mountains National Park Reserve in Labrador and the Tallurutiup Imanga

National Marine Conservation Area in Nunavut. Additionally, it will update boundaries of

seven national parks and one national park reserve, covering areas like Atlantic dunes and

vital grasslands. The legislation will add 12,085,851 hectares of protected land, contributing

signicantly to the survival and recovery of species at risk who live there. Bill S-14 will now

move on to rst reading in the House of Commons.

OTHER UPDATES

Senate Approves Amendment to Federal Bill Expanding Carbon Tax Exemption for Farmers

Third reading debates on Bill C-234, a private member’s bill tabled by Conservative Member

of Parliament Ben Lobb, continued on November 30, 2023. The bill aims to broaden the

existing fuel charge exemptions granted to farmers under the Greenhouse Gas Pollution

Pricing Act. Senator Yuen Pau Woo, in his address, highlighted the House of Commons’

rejection of a motion urging the Senate to promptly adopt the bill. Senator Marc Gold

dismissed offensive remarks made by a Conservative MP, who suggested that senators

should understand their role in a democracy and “go back to doing what they’re good at,

which is being invisible.” Senator Woo expressed concern over potential intimidation, and

Gold urged the Senate to continue its debate on Bill C-234 objectively and independently.

During third reading debates on December 5, 2023, an amendment that would exclude

the heating and cooling of barns and greenhouses from the exemption was approved by a

narrow margin. The amendment, previously rejected by the majority of Senators, passed with

forty Senators voting yes, thirty-nine voting no, and none abstaining. Once the amended bill

passes third reading in the Senate, it will return to the House of Commons for further debate.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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Provincial Updates

ALBERTA

Alberta Bill Would Increase Penalties for Animal Neglect

On March 23, 2023, Alberta MLA Jordan Walker introduced Bill 209, the Animal Protection

(Prevention of Animal Neglect) Amendment Act, 2023, which aims to increase penalties for

causing or permitting an animal to be in distress due to abuse or neglect. The proposed

amendments include a ne of up to $25,000 for a rst offense, a ne of up to $35,000 or

imprisonment of up to six months for a second offense, and a ne of up to $50,000 or

imprisonment of up to six months for a third or subsequent offense.

BRITISH COLUMBIA

British Columbia Government Introduces Changes to Simplify Pet Custody Disputes

On May 11, 2023, the government of British Columbia passed Bill 17, the Family Law Amendment

Act, 2023, which will amend the Family Law Act to provide guidance for people and judges

involved in animal custody disputes. The amendments will require the consideration of factors

such as each person’s ability and willingness to care for the pet, the relationship between

the child and the animal, and the risk of family violence or threat of cruelty. V. Victoria Shroff,

animal law specialist at Shroff and Associates, said: “These amendments reect how pets are

valued as unique family members by society rather than as inanimate property like furniture

[ . . . ] Having relevant factors to consider for these difcult decisions will bring more clarity and

is a welcome change.” These amendments are the rst of their kind in Canada and are set to

come into force by regulation of the Lieutenant Governor in Council.

British Columbia Introduces Bill to Safeguard Wetlands and Wildlife Habitat

On November 23, 2023, Member of the Legislative Assembly John Rustad introduced Bill

M226, the No Net Loss of Wetland Act, aiming to conserve wetland functions in British

Columbia. The bill emphasizes preventing a net loss of these functions and sustaining

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

14

their value as sh and wildlife habitat. If a government program or infrastructure project

impacts a wetland in the region, the bill mandates safeguarding its functions, holding the

government accountable for conserving, enhancing, restoring, or creating any diminished

wetland functions resulting from the program, project, or tenure.

MANITOBA

Manitoba Proposes Amendments to Animal Care Regulation

On February 17, 2023, Manitoba Agriculture launched a forty-ve-day consultation period on

proposed amendments to the province’s Animal Care Regulation, which would recognize

Canada’s Accredited Zoos and Aquariums (CAZA) accreditation standards of 2022 as the

animal welfare standard for zoological facilities in the province, including the Assiniboine

Park Zoo. The amendments to the regulation would also remove detailed reporting

requirements for animal markets, including stockyards or animal auctions, and assembling

stations, meaning any place where commercial animals are assembled for shipment.

Manitoba Passes Animal Care Amendment Act

On May 16, 2023, the Animal Care Amendment Act (2), also known as Bill 31, passed third

reading in the Legislative Assembly of Manitoba. Introduced by Manitoba’s Agriculture

Minister, Derek Johnson, in March 2023, the bill includes several amendments to the Animal

Care Act. The primary objective of these updates is to improve the appeals process before

the Animal Care Appeal Board, with the ultimate goal of streamlining procedures and

expediting the resolution of animal care-related cases throughout the province.

NEW BRUNSWICK

New Brunswick Tables Bill to Create Right to a Healthy Environment

On December 7th, 2023 Green Party Leader David Coon tabled Bill 19, An Act Respecting the

Right to a Healthy Environment, in the New Brunswick Legislative Assembly. The bill aims

to secure the rights of current and future residents to a healthy and ecologically balanced

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

15

environment. The bill responds to concerns arising from corporate pollution incidents like the

Saint John American Iron & Metals explosion and air pollution from the Richibucto Coastal

Shell Product plant. Coon contends that successive governments neglected environmental

issues, prompting the need to establish a legal right to a healthy environment. The proposed

human right could also extend protections to animals and wildlife.

NEWFOUNDLAND AND LABRADOR

Newfoundland and Labrador Proposes Changes to Aquaculture Regulations

On October 6, 2023, the government of Newfoundland and Labrador introduced Bill 17, which

would repeal and replace the provincial Aquaculture Act. Likely responding to a badly handled

“mass asphyxiation” event in Fortune Bay in 2019, the proposed Bill includes a farm’s obligation

to notify the provincial government when “an abnormal mortality event” happens (s. 38(a)), as

well as the farm’s obligation to report “an incident event” to the public (s. 42(e)). The proposed

legislation also insulates the provincial Ministry against liability for anything done in good faith

and any damages award (s. 60), which hindered the Minister and led to long delay in making

a public statement. The Minister initially vastly understated the number of dead sh. The

proposed Bill would require an annual “inventory reconciliation report,” stating the number

of “cultured aquatic animals” in a facility at the beginning of the year and the number at the

end, with explanations for any discrepancies, along with reports relating to net testing and net

cleaning (ss. 2(w) & 30(2)(d)), factors which likely contributed to net collapse in 2019. Facilities

would also be required to have environmental and waste management plans.

ONTARIO

Ontario Passes Amendments to Animal Health Act

Bill 46, the Less Red Tape, Stronger Ontario Act, 2023, received royal assent on March 22,

2023, and includes amendments to the Animal Health Act, 2009 (AHA). The amendments

enable the Minister of Agriculture, Food and Rural Affairs to issue a temporary response

order in situations where delay in implementing the measures authorized or required by the

order may substantially increase the risk to animal or human health. The Bill also amends

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

16

section 18 of the AHA to achieve greater consistency in setting out an inspector’s authority to

conduct an inspection to check for compliance with an existing order, including an animal

health control area order, a temporary response order, and a surveillance zone order.

Ontario Decides Not to Proceed with Development of a Wildlife Management Strategy

On March 30, 2023, the Ontario Ministry of Natural Resources and Forestry (MNRF)

announced that they will not proceed with developing a provincial Wildlife Management

Strategy. The strategy would have provided a comprehensive strategic plan for wildlife

management in Ontario, including broad guidance for all wildlife, their habitats, and

ecosystems. The MNRF originally sought public feedback on the proposal in 2016.

Ontario Passes Bill to Allow New Penned Hunting Areas

Introduced by MPP Parm Gill, Bill 91, the Less Red Tape, Stronger Economy Act, 2023,

received royal assent on June 8, 2023. The bill includes controversial amendments to section

35 of the Fish and Wildlife Conservation Act, 1997, which permit the issuance and transfer of

licenses for new dog train and trial areas where wildlife are kept captive for training dogs in

hunting skills and conducting hunting dog competitions.

The amendments sparked signicant controversy. Animal Alliance of Canada Director

Barry MacKay emphasized concerns about the humane treatment of animals, likening dog

activities to dog ghting. Ontario animal rights activist Jenny McQueen disrupted a meeting

of the Standing Committee on Justice Policy on Bill 91, Less Red Tape, Stronger Economy

Act, 2023, to express concerns about the cruel nature of penned dog hunting. Member

of Provincial Parliament Terence Kernaghan also criticized the government for “moving

backwards on animal welfare” given the agreement in 1997 under Bill 139 that train and trial

areas would be phased out in the province.

Ontario Passes Amendments to Provincial Animal Welfare Law

On June 8, 2023, Bill 102, the Strengthening Safety and Modernizing Justice Act, 2023

received royal assent. The bill amended the Provincial Animal Welfare Services Act, 2019

to expand the authority of Animal Welfare Services inspectors to take reasonable steps

to alleviate an animal’s distress and streamline Animal Care Review Board processes. The

proposed amendments would also improve cost recovery mechanisms, e.g. by allowing for a

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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broader range of circumstances for statements of account to be served and considering the

unpaid amount as a debt owed to the Crown.

Ontario Reverses Decision to Remove 7,400 Acres of Habitat in the Greenbelt

On September 21, 2023, Ontario Premier Doug Ford announced that he would reverse his

controversial plan to open protected Greenbelt lands for housing development after nearly

a year of criticism, including resignations by two cabinet ministers and two top staffers. This

announcement came after Ontario’s provincial government passed two new regulations

related to its proposal to remove 7,400 acres of land from the Greenbelt, which provides

critical habitat for seventy-eight species at risk in the province. The rst redesignated lands

in the Oak Ridges Moraine Conservation Plan and the second added thirteen new areas

of land while removing fteen other areas elsewhere in the Greenbelt. During a caucus

retreat in Niagara Falls, Ford acknowledged that he had made a mistake and apologized for

breaking his past promise not to touch the Greenbelt.

NDP MPP Introduces Legislation for Bird-Safe Buildings in Ontario

On October 30, 2023, New Democratic Party (NDP) Member of Provincial Parliament (MPP)

Chris Glover introduced a new bill aimed at safeguarding migratory birds. Bill 145, the

Bird-Safe Windows Act, 2023, would amend the Building Code Act, 1992 to ensure Ontario

Regulation 332/12 (Building Code) includes the Canadian Standards Association Bird-Friendly

Building Design Standard. Glover’s initiative aims to mandate bird-safe windows in all new

constructions and major renovations. The move comes in response to the Ford government’s

inaction in the face of an estimated two million bird deaths from window collisions in

Ontario since the fall of 2021.

Ontario Introduces Legislation to Combat Puppy Mills

On December 4, 2023, Solicitor General Michael Kerzner introduced Bill 159, the Preventing

Unethical Puppy Sales Act (PUPS Act), aiming to amend Ontario’s Provincial Animal

Welfare Services Act. The bill proposes new regulations, including record-keeping, minimum

penalties for puppy mill operators, and nes for specic breeding practices. It targets

inbreeding, limits breeding frequency, and prohibits the separation of puppies from mothers

before eight weeks. National animal law organization Animal Justice criticized the bill for

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

18

not going far enough to stop abuse at puppy mills in the province, citing gaps in addressing

housing, food, exercise, socialization, and genetic screening, as well as failing to provide a cap

on the number of animals permitted in any one facility. The organization notes that Bill 259

does not mandate licensing for dog breeders, potentially hampering effective enforcement

and oversight of breeding practices.

PRINCE EDWARD ISLAND

Prince Edward Island Introduces Bill to Regulate Service Dogs

On June 20, 2023, Conservative MLA Jamie Fox introduced Bill no. 101, titled the Service Dog

Act, which aims to establish regulations and rights for service dog handlers. The proposed

law would create a Registrar of Service Dogs and set out requirements for obtaining

certicates and identication cards for service dogs. It would also ensure that service dog

handlers have the right to enter public places with their dogs and cannot be denied rental

units based on having a dog member of a service dog team on the premises.

QUÉBEC

Québec Solidaire Introduces Bill that Would Ban “No-Pet” Clauses in Rental Leases

On May 25, 2023, Andrés Fontecilla, MNA for Laurier-Dorion and Québec Solidaire’s housing

critic, introduced a bill that would amend the Civil Code to render ineffective “no-pet”

clauses in rental housing leases. The proposed legislation, known as Bill 494, aims to address

the challenge of nding animal-friendly housing in the midst of a housing crisis. It would

apply to both new and existing leases.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

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Other Noteworthy Legislative Updates

New City of Toronto Bylaw Prohibits Feeding of Wild Animals

On April 1, 2023, new regulations under Chapter 349 of the City of Toronto’s Animals Bylaw

came into effect. The regulations make it illegal to feed wildlife or leave food out to attract

animals on both public and private properties in Toronto. The city is taking an educational

approach to encourage compliance with the new bylaw, but those who continue to violate it

could face a ne. These regulations are part of the city’s efforts to protect people and wildlife

due to a rise in negative interactions involving humans and wildlife. Feeding wild animals

changes their natural instincts and may increase their presence and tolerance of people,

creating problems for both wildlife and Toronto communities.

Toronto City Council Votes to End Backyard Hen Pilot Program

On May 10, 2023, Toronto City Council voted to amend Toronto Municipal Code, Chapter 349

to end the UrbanHensTO Pilot Program, which allowed residents to keep up to four chickens

in their backyard. The program was terminated due to animal welfare concerns and the rising

cases of avian inuenza in the province. The program launched in 2018 and currently has about

eighty households enrolled. Anyone currently keeping hens as part of the program in permitted

areas of the city may continue to keep them until they have died, despite the end of the pilot.

Toronto City Council Adopts Two Plant-Forward Motions

On September 20, 2023, Directors of the Toronto Vegetarian Food Bank, Nital Jethalal and Matt

Noble, along with Riana Topan from Humane Society International Canada, spoke at Toronto City

Hall to urge the City of Toronto to reduce pollution and improve animal welfare and public health

by promoting plant-based food options city-wide. Following their appeal, Councillor Dianne Saxe

introduced two signicant plant-forward motions. The rst directs progress updates on Toronto’s

Cool Food Pledge and C40 Good Food Cities Declaration commitments. The second instructs

a report on adopting a policy on plant-based purchasing savings for the city, promoting

sustainable choices. Both motions were adopted by the council on October 11, 2023.

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Litigation

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

21

Canadian Activist Accused of Chicken Theft in Sonoma County Reaches Plea Deal

with Prosecutors

Almira Tanner, an animal activist and Lead Organizer at Direct Action Everywhere, agreed on

January 28, 2023 to a plea deal with prosecutors after being accused of taking chickens from

Sonoma County poultry farms. She had previously pleaded no contest to a misdemeanor

count of trespassing during her preliminary hearing with co-defendants, Wayne Hsiung,

Cassandra King, and Priya Sawhney, on January 19. The case relates to demonstrations at

several California farms in 2018 and 2019, when Tanner and other protesters were charged

with multiple counts of second-degree burglary, conspiracy, theft, trespassing and unlawful

assembly. The deal mandates that Tanner do 100 hours of community service, pay $12,719 in

restitution, and stay 100 yards from Sunrise Farms (a site of one of the demonstrations).

Truck Driver Who Killed Animal Rights Activist Regan Russell Sentenced to Pay $2,000

On March 27, 2023, truck driver Andrew Blake pleaded guilty to careless driving causing the

death of animal rights activist Regan Russell outside Fearmans Pork slaughterhouse located

in Burlington, Ontario in June 2020. Blake pleaded guilty to the single charge under the

provincial Highway Trafc Act and was ordered to pay the minimum possible ne of $2,000

while a charge of careless driving causing death could have attracted a maximum $50,000

ne plus two years in jail. Russell, a member of the Animal Save Movement, was killed while

protesting the province’s ag-gag law, the Security from Trespass and Protecting Food Safety

Act, 2020. Camille Labchuk, a lawyer and executive director of Animal Justice, stated: “the

leniency shown by police and prosecutors in this case is troubling but not surprising. Industries

that farm, transport, and slaughter animals are seldom held to account for causing unlawful

animal suffering—despite clear evidence regularly provided to authorities.”

Ontario Court Rejects Lawsuit Over Coyote Killing Contest

On April 3, 2023, the Divisional Court dismissed an application for judicial review led by Animal

Justice, The Fur-Bearers, and Coyote Watch Canada against a coyote killing contest put on

by Chesher’s Outdoor Store in Belleville, Ontario in 2021 and 2022. The judge found that the

store did not have the written authorization required under the Fish and Wildlife Conservation

Act. However, it was the store rather than the respondent in the case, the Ontario Minister of

Northern Development, Mines, Natural Resources and Forestry, who was the party in potential

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

22

LITIGATION UPDATES

22

violation of the Act. On the question at issue in the case, namely, judicial review of the Minister’s

decision to not prosecute the store, the court held that it was within his discretion not to

prosecute. The annual contest was held again in February 2023. Animal Justice and Coyote

Watch Canada have led an application for an investigation under Ontario’s Environmental Bill

of Rights, hoping the province will be open to this way of holding the store accountable.

Quebec Court Dismisses Lawsuit Against St-Tite Rodeo

On April 21, 2023, the Superior Court of Quebec dismissed a lawsuit brought by animal rights

group, Droits animalier Québec (DAQ), seeking an injunction to halt calf roping and steer

wrestling at the St-Tite Western Festival. The court dismissed the rodeo’s claim that the lawsuit

was an abuse of process, noting that the possible violation of provincial animal welfare law

was a serious and justiciable issue in which the group had a genuine interest. However, the

court ultimately concluded that DAQ’s written complaint led with the Ministry of Agriculture,

Fisheries and Food in 2018 constituted an effective remedy “already in progress” and that

allowing the continuation of the injunction would not be an appropriate use of judicial

resources. DAQ has led a Notice of Appeal with the Quebec Court of Appeal.

Fate of Longueuil’s Deer Population to be Determined by Quebec Superior Court

On April 25, 2023, the Quebec Superior Court heard experts’ testimonies in the on-going

case about how to deal ethically with the overpopulation of deer at Michel-Chartrand Park

in Longueuil. The deer have tripled in numbers since 2017, and experts say the park can only

sustain fteen animals. The plaintiffs in the case insist that the municipality has not considered

all options and that the plan to cull the deer is irrational and unreasonable. The case against

the city is being heard for the rst time since last fall, when the Quebec Court of Appeal

ordered the city to wait before allowing the hunting of the deer.

Montreal SPCA to Challenge Housing Pet Bans in Court

On June 7, 2023, the Montreal Society for the Prevention of Cruelty to Animals (SPCA) led a

writ of intervention with the housing tribunal in support of two tenants who are challenging a

clause in their rental leases prohibiting them from owning animals. The SPCA contends that

these clauses contradict the recognition of animals as “sentient beings” in the Civil Code of

Quebec since they treat animals as mere property and disregard the emotional attachment and

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

23

obligations humans have towards them. They also argue that article ve of the Quebec Charter

of Rights and Freedoms guarantee of every person’s right to respect of their private life protects

the right to choose to live with a companion animal, as well as an argument about such clauses

being abusive and unreasonable, especially during a housing crisis. On May 25, 2023, Andrés

Fontecilla, MNA for Laurier-Dorion and Québec Solidaire’s housing critic, introduced a bill that

would amend the Civil Code to render ineffective “no-pet” clauses in rental housing leases.

British Columbia Veterinary Hospital Loses Legal Bid to Have ‘Defamatory’ Reviews on

TikTok Removed

A Surrey veterinary hospital’s request for an interim injunction to remove alleged

“defamatory” TikTok videos was denied by a British Columbia Supreme Court judge in a

decision released on July 31, 2023. The videos, posted by Victoria Veira, accuse the hospital of

mistreating her dog, Charlie, during a neutering procedure, leading to an infection. The clinic

sued Veira for defamation, claiming reputational damage and holding Veira responsible for

the infection. Veira argued her comments were protected by “fair comment” and requested

the suit’s dismissal. The judge found that stiing Veira’s freedom of speech before a trial on

the merits was not justied, as the posts did not meet the high standard for an interlocutory

injunction that restricts expression. The possibility of a settlement before the trial has been

acknowledged by both parties’ lawyers.

Vancouver Café Ordered to Pay $12,000 for Discriminating Against Visually Impaired

Woman with Guide Dog

On August 9, 2023, the British Columbia Human Rights Tribunal ruled that a Vancouver café

must pay $12,000 to Georgia Pike, a visually impaired woman, for discriminating against her

and her service animal. Pike, who relies on a guide dog named Grainger, and her father, were

denied service by Ooh La La café because of her dog. Despite explaining Grainger’s service

status, they were repeatedly asked to leave by the owner, as shown in a video submitted

as evidence. Pike, after nearly four years of ghting, expressed gratitude for the outcome,

hoping it will raise awareness about guide dog users’ rights.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

24

Supreme Court of Canada Deems Most of Impact Assessment Act Unconstitutional

On October 13, 2023, the Supreme Court of Canada ruled most provisions of the federal Impact

Assessment Act (IAA) unconstitutional following a reference case was brought forward by

the Alberta government, claiming it intruded on provincial authority. Chief Justice Wagner’s

majority opinion stated that the IAA overstepped federal boundaries by assessing projects

beyond its jurisdiction. This decision raises concerns about environmental oversight, affecting

federal efforts to address climate change, potentially exacerbating wildlife conservation

challenges and biodiversity loss. Although reference rulings are advisory in nature, the federal

government pledged to amend the Act to make it comply with the Supreme Court’s decision.

Despite this, Ontario’s Attorney-General, Doug Downey, announced Ontario’s intent to

challenge the IAA in court, ling two judicial review applications citing potential impacts on

projects like Highway 413 and an Ontario Place parking garage.

Ontario Pig Farm Convicted of Animal Cruelty

In October 2023, an Ontario pig farm, Paragon Farms, was convicted of animal cruelty and

ned $20,000 following an undercover investigation by Animal Justice. The footage revealed

distressing conditions, including pigs conned in tiny gestation crates, pigs with injuries,

and violations of workplace health and safety standards. Paragon Farms’ two corporate

entities pleaded guilty to two offences under the Provincial Animal Welfare Services Act, one

involving an illegal c-section on a conscious pig and another related to painful castrations

and tail-cutting of piglets without anesthesia. Despite potential nes of $500,000 per offense,

each entity was ned only $5,000. Additionally, a worker was ned $1,000 for mistreating

pigs. Prosecutors did not seek a ban on farm animal ownership, animal welfare training, or

surveillance cameras in the barn. This case shows the value of undercover investigations, which

would now be made virtually impossible under Ontario’s ag-gag law.

Newfoundland Court of Appeal Overturns Acquittal for Animal Cruelty

On October 30, 2023, the Court of Appeal of Newfoundland and Labrador overturned the

provincial court acquittal of Robert Picco on eight counts of criminal animal cruelty. Picco had

been charged with neglecting four severely emaciated beagles in 2018. Despite evidence from

a veterinarian pathologist describing the dogs as emaciated, starving, and near death, Judge

Jacqueline Brazil acquitted Picco in 2021, arguing the Crown had not proven the dogs were

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

25

“suffering.” Last year, Supreme Court Judge Peter O’Flaherty upheld the acquittal, stating that

Justice Brazil’s nding that the dogs were not suffering was a factual determination, which

falls to the trial judge to make. However, a recent decision by the Newfoundland and Labrador

Appeal Court disagreed, citing errors in the previous rulings. The Court of Appeal concluded

that the dogs were indeed suffering and that Picco should have known the consequences

of denying food and water to the dogs, reinstating the charges and ordering a new trial.

University of Alberta law professor Peter Sankoff emphasized the signicance of the ruling,

calling it “one of the three most important cases ever decided on animal cruelty.”

Animal Justice Challenges Ontario’s Ag-Gag Law in Landmark Court Case

National animal law organization Animal Justice appeared in the Superior Court of Justice

from October 30 to November 1, 2023, to challenge Ontario’s agricultural gag law, the

Security from Trespass and Protecting Food Safety Act, 2020. The Act prevents animal

advocates from investigating animal cruelty at farms and slaughterhouses. Animal Justice,

alongside journalist Jessica Scott-Reid and animal advocate Louise Jorgensen of Toronto

Cow Save, argued that the law infringes upon the right to free expression and peaceful

assembly, aims to conceal widespread animal abuse, and hinders consumers’ knowledge

about the origins of their food. Comparable ag-gag laws in the United States have previously

been deemed unconstitutional in many states. This is the rst legal challenge to a Canadian

ag-gag law. On the rst day of the hearing, over 100 animal rights advocates gathered

outside the courthouse to voice support for the lawsuit.

Canadian Federal Court Rules Against Designating Plastic as “Toxic”

On November 16, 2023, the Federal Court ruled that the Government of Canada exceeded

its authority by designating plastic items as “toxic” under the Canadian Environmental

Protection Act. The case, brought by Canada’s major plastic-producing companies known

as the Responsible Plastic Use Coalition, sought to remove the toxic listing. Animal Justice

intervened in support of the listing, emphasizing the importance of addressing plastic

pollution that annually harms millions of animals. Advocates express hope that the

government will continue robust efforts to combat plastic pollution.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

26

British Columbia Animal Advocates Appeal Convictions Over Exposing Pig Farm Cruelty

On November 23, 2023, animal rights activists, Amy Soranno and Nick Schafer, appeared at the

British Columbia Court of Appeal to appeal their October 2022 convictions for break-and-enter

and mischief stemming from the 2019 occupation of Excelsior Hog Farm in Abbotsford. Their

lawyers argue that Justice Verhoeven erred by barring video evidence depicting alleged animal

cruelty. The footage revealed pigs in distress, yet the farm faced no legal consequences. Soranno

and Schafer, sentenced to thirty days in jail, also claim crucial evidence was lost or destroyed.

Recent hidden-camera footage from the farm shows continued alleged abuse and neglect.

Human Rights Tribunal of Ontario Rules Veganism Not a Protected Ground of

Discrimination

On November 29, 2023, the Human Rights Tribunal of Ontario denied Adam Knauff’s

discrimination claim against his employer for being denied vegan food while ghting

wildres in British Columbia. Knauff faced disciplinary actions after expressing frustration

over inadequate vegan options. The case questioned whether veganism qualies as a

“creed,” a protected ground under the Ontario Human Rights Code. Although the Tribunal

acknowledged non-religious creed protection, it rejected ethical veganism for not addressing

“ultimate questions of human existence beyond [humans’ relationships with other animals

and the natural environment] or the existence or nonexistence of a higher or different order of

existence and/or a Creator.” Animal Justice, who had previously been denied intervenor status

in the case, nds the decision at odds with global legal trends. Knauff plans to appeal the

decision by seeking judicial review in the Divisional Court of Ontario.

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Enforcement

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

28

ENFORCEMENT UPDATES

28

Undercover Investigations

Investigation Launched After Video Reveals Cruelty at “Humane” Slaughterhouse

A complaint from Animal Justice has triggered an investigation of alleged animal cruelty

at Meadow Valley Meats, a small-scale, “humane” slaughterhouse in British Columbia (BC).

On February 23, 2023, Animal Justice released hidden-camera footage that depicts workers

beating animals in the face with various instruments, animals being improperly stunned,

and other kinds of illegal abuse. The conditions also put worker safety at risk, as employees

face terried animals trying to escape the abuse. The BC Society for the Prevention of Animal

Cruelty, Canadian Food Inspection Agency, and the BC Ministry of Agriculture and Food are

currently reviewing the footage and will be conducting an investigation into the complaint.

Investigation Reveals Cruelty at Alberta Horse Export Feedlot

On June 27, 2023, United States-based non-prot organization Animals’ Angels and European

Union partner the Animal Welfare Foundation released a new investigation exposing potential

cruelty and neglect at Bouvry Exports’ Prime Feedlot in Alberta. The footage reveals horses

in crowded, unsanitary conditions with injuries, illnesses, and decomposing carcasses on the

premises. Many horses suffered from overgrown hooves and painful hoof conditions due to

fattening for slaughter. The company is also linked to Canada’s live horse export trade, shipping

horses to Japan for slaughter. Animal Justice has led a legal complaint with the Alberta Society

for the Prevention of Cruelty to Animals and the Canadian Food Inspection Agency, urging the

agencies to investigate Bouvry Exports for potential violations of Alberta’s Animal Protection

Act, the federal Health of Animal Act, and Safe Food for Canadians Regulations.

Undercover Footage Exposes Cruel Penned Dog Hunting in Ontario

On August 22, 2023, Animal Justice unveiled undercover footage exposing the reality of

penned dog hunting in Ontario. With Ontario recently passing laws to expand this practice, the

organization sent an investigator undercover to visit dog hunting pens to get a rsthand look

into what happens in this industry. The footage reveals hunters using penned coyotes as live

bait for dogs, resulting in the maiming and killing of these animals, along with injuries to the

dogs. Wolves are also used in this unsportsmanlike form of “canned” hunting. Animal Justice

aims to use the footage to raise awareness and combat the cruelty of penned dog hunting.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

29

Animal Justice Releases Disturbing Footage from Excelsior Hog Farm

On November 16, 2023, Animal Justice revealed new footage from Excelsior Hog Farm in

Abbotsford, British Columbia, exposing alleged animal cruelty. The video depicts distressing

scenes of dead pigs, partially eaten piglet carcasses, and pigs subjected to jabbing with rods.

The British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) will investigate

the farm for the second time, citing potential violations of the Prevention of Cruelty to Animals

Act and the Criminal Code. In 2019, Excelsior was the target of a “Meat the Victims” sit-in,

leading to the conviction of activists Amy Soranno and Nick Schafer. The historic thirty-day jail

sentence for a non-violent act of civil disobedience prompted their appeal, which was heard on

November 23rd. The BC SPCA did not lay animal cruelty charges in 2019.

Animals Used in Entertainment

Animal Justice and Coyote Watch Canada File Application for Investigation of

Belleville Hunting Contest

On March 1, 2023, Animal Justice and Coyote Watch Canada led an application for investigation

under Ontario’s Environmental Bill of Rights in relation to a 2023 coyote hunting contest that

took place near Belleville, Ontario. The contest is regularly run by Chesher’s Outdoor Store and

is expected to award the participants who kill the largest coyotes with thousands of dollars

in cash and prizes. In Ontario, it is illegal to hunt for gain or to pay or accept a bounty unless

an exception is granted under the Fish and Wildlife Conservation Act. Animal Justice, Coyote

Watch Canada, and the Fur-Bearers are already suing the province for allowing the 2022

contest to take place in the absence of written authorizations as required under the Act.

Beluga Whale and Bottlenose Dolphin Die at Marineland Amidst Ongoing

Compliance Inspections

On May 8, 2023, the Ministry of the Solicitor General conrmed that a beluga whale and

bottlenose dolphin died at Marineland. The ministry did not specify when the deaths

occurred, and necropsies of both animals were conducted by professionals retained by

Marineland. The incident is the latest in a series of animal deaths at the aquarium, with

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

30

Canada’s last living orca in captivity, Kiska, dying in March. Marineland is under investigation,

and the ministry said it could not provide further details while compliance inspections are

ongoing to determine if the standards of care are being met.

Animal Justice Calls for Investigation Over False Claims in Edmonton Valley Zoo’s

Funding Request

In May 2023, Animal Justice wrote to Edmonton City Councillors, the Ofce of the City Auditor,

and the Edmonton Police Service calling for an investigation into the Edmonton Valley Zoo

over alleged fraudulent claims made in a recent funding request. The zoo had requested $61.2

million in public funding, stating that several animal enclosures did not meet accreditation

standards. However, an investigation by Canada’s Accredited Zoos and Aquariums could not

substantiate these claims. Animal Justice is calling on the city of Edmonton and the police to

assess the zoo’s animal conditions and determine if false information was provided to secure

funding. City ofcials are considering an audit of the zoo in response to these concerns.

Ontario Charges Marineland Over Care of Black Bears

On May 30, 2023, Ontario’s Ministry of the Solicitor General charged Marineland, a tourist

attraction in Niagara Falls, with three counts of failing to comply with an order related to the

care of its American Black Bears. The charges were laid under the Provincial Animal Welfare

Services Act, and Marineland must comply with the order or face legal consequences. In the

past, the park has faced charges related to animal cruelty, which were later dropped. The

ministry declined to provide further details, stating that the matter is now before the court.

City of London Ontario Launches Legal Action Against Reptilia

In June 2023, the City of London led an application with the Ontario Superior Court seeking

a judge’s decision regarding Reptilia’s compliance with London’s animal control bylaw.

Reptilia is keeping animals prohibited under the bylaw and the City is asking for an order to

prevent them from doing this and a declaration that they are not exempt from the bylaw.

Reptilia applied for an exemption three times but was denied by the city council. Reptilia

plans to oppose the city’s application and expects a court hearing in the early fall. The case is

set to be heard on March 18, 2024.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

31

Animal Justice Calls for Animal Cruelty Charges After Horse Fatality at Calgary Stampede

National animal law organization Animal Justice is calling for animal cruelty charges to be brought

against the Calgary Stampede after a horse was killed during the chuckwagon races on July 14, 2023.

Animal Justice is urging authorities to hold the event accountable and end the practice of rodeos

being exempt from animal cruelty laws. The Vancouver Humane Society has reported that over

100 animals have died in Stampede rodeo events since 1986, yet no prosecutions have occurred.

Calls for Animal Cruelty Charges After Horse Fatally Injured in Manitoba Rodeo Event

The Winnipeg Humane Society and Animal Justice are calling for animal cruelty charges

following the death of a horse during a bronc riding event on July 15, 2023, at the Triple S Fair

and Rodeo in Selkirk, Manitoba. A video shared online shows the horse falling and becoming

injured shortly after leaving the chute. Bronc riding, which uses bucking straps and spurs

to force horses into extreme bucking, is considered a cruel and dangerous practice. Animal

Justice and the Winnipeg Humane Society have reported the incident, urging authorities to

investigate and take enforcement action under animal welfare laws.

Pet Custody

British Columbia Civil Resolution Tribunal Considers Best Interests of Dog in

Custody Dispute

In a decision released on March 30, 2023, the British Columbia (BC) Civil Resolution Tribunal

considered new factors being proposed under the Family Law Act when determining the

custody of a dog named Bentley. Christina McInulty and Jeffrey Wayne Bond had shared

custody of Bentley on a rotating three-week cycle for eight years but ended up in court when

McInulty refused to let Bentley go when Bond came to pick him up. McInulty alleged that she

was no longer comfortable with Bond having Bentley because she had discovered upsetting

things about Bond but failed to substantiate the allegation. Vice Chair Andrea Ritchie said: “I

nd that Ms. McInulty unilaterally removing the dog from one of its owners, Mr. Bond, without

any explanation about the allegedly ‘upsetting’ behaviour or how it may have been dog-related,

displays a lack of ability to put Bentley’s best interests above her own personal interests.”

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

32

Police Misconduct

Animal Justice Calls for Investigation into Longueuil Police Deer Killing

Animal Justice led a complaint with Quebec’s Police Ethics Commissioner, calling for an

investigation into the conduct of a Longueuil police ofcer who shot an injured deer thirteen

times over half an hour on February 19, 2023, until the deer eventually died. The complaint

alleges that the ofcer’s conduct breached the “Code of Ethics of Quebec Police Ofcers” by

using greater force than was necessary. The police claim the deer had two broken legs and

needed to be euthanized, but the repeated shooting with a low-caliber weapon likely caused

additional pain and prolonged suffering which was inhumane and avoidable. Causing harm

to animals is illegal under provincial and federal animal cruelty laws.

Animal Justice Files Complaint Against Kawartha Lakes Police for Using Shovel to

Kill Raccoon

Animal Justice has led a complaint against Kawartha Lakes Police Service ofcers for

the cruel and likely illegal treatment of an injured raccoon during an incident on April 12,

2023. Instead of using a safe and humane method or calling for support, the police ofcers

beat the raccoon to death with a shovel because they believed the animal was a “threat to

public safety.” Animal Justice’s complaint alleges that the ofcers violated the police code

of conduct and provincial animal welfare laws, which prohibit causing an animal to be in

distress. Animal Justice is seeking justice for the raccoon and believes the ofcers should be

held accountable for their actions.

Investigation Launched After Ontario Police Ocers Fatally Strike Injured Deer with Axe

Ontario Provincial Police have launched an investigation following a disturbing incident

in Kenora, Ontario, where ofcers were lmed striking an injured deer with an axe. The

investigation was initiated after a complaint was led by Animal Justice. On September 3,

2023, two ofcers responded to a call regarding an injured deer hit by a vehicle. Instead of

using a humane method or seeking assistance, they fatally struck the deer in the head with

an axe, causing prolonged agony. Witnesses reported that the animal suffered for over an

hour after the ofcers left. Animal Justice alleges that the ofcers violated the Police Code

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

33

of Conduct by using cruel force and potentially violated animal welfare laws. They argue

that alternative, humane actions could have been taken, and the ofcers must be held

accountable for their actions.

Precedent Setting Sentences for

Animal Cruelty

Montreal Man Receives One of the Harshest Animal Cruelty Sentences Ever Handed Down

On March 15, 2023, Marc-Antoine Côté, a man from Montreal, was sentenced to sixteen

months in prison––one of the harshest animal cruelty sentences ever handed down in

Quebec. He was charged with throwing a cat off his balcony, causing her death, and for

causing injuries to his dog that resulted in the animal’s death. The Investigations Division of

the Montreal Society for the Prevention of Cruelty to Animals and the Service de police de la

Ville de Montréal collaborated on the investigation, resulting in Côté’s arrest in October 2022.

He pleaded guilty to the charges and is now banned from owning animals for life.

Calgary Woman Diagnosed as Psychopath Receives 6�5-Year Sentence for Cat Torture

Calgary resident Aleeta Raugust, diagnosed as a psychopath, pleaded guilty to nine counts

of animal cruelty involving the adoption and torture and/or killing of nine cats. While the

Crown sought an eight to ten-year prison term, Raugust was sentenced on September 14,

2023, to six and a half years, with about ve and a half years to serve after factoring in time

already served. This is believed to be the harshest sentence ever given to a Canadian animal

abuser. A psychological report revealed that Raugust had recorded videos of cat tortures and

watched them repeatedly.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

34

Other

Marineland’s Lawyer Charged with Violating Lobbying Act

The Royal Canadian Mounted Police conrmed in an e-mail to The Hill Times on April 26, 2023,

that Andrew Burns, Marineland’s lawyer, was charged with violating the Lobbying Act for

failing to le a return with the Ofce of the Commissioner of Lobbying after communicating

with a public ofce holder regarding Bill S-203. The legislation, which passed in 2019, banned

whale and dolphin captivity and breeding in Canada. Marineland opposed the bill and fought

to prevent it from becoming law. Pro-whale captivity senators in the Senate, led by then-

Senate whip Don Plett, engaged in stall tactics and other efforts to delay and kill the bill.

Animal Justice Files Legal Complaint Over Live Animal Markets in Ontario

On May 5, 2023, Animal Justice led a complaint with the Ontario Ministry of Agriculture and

the Canadian Food Inspection Agency regarding live animal markets, citing concerns about

public health and animal welfare. Despite an avian u outbreak affecting Canada, an animal

sale was held in Shelburne, where animals were cramped together in unsanitary conditions

without access to food and water. The sale included birds, goats, pigs, rabbits, cows, and sheep,

and it was advertised that a kangaroo would be available. Animal Justice is calling for the

cancellation of similar sales to protect public health and animal welfare.

Ontario Seizes Nearly 100 Raccoons from Animal Rehabilitation Facility

In September 2023, Ontario’s Ministry of Natural Resources and Forestry seized ninety-ve

raccoons from Mally’s Third Chance Raccoon Rescue in Kawartha Lakes, Ontario. The owners of

the wildlife rehabilitation centre are accused of more than twenty violations of the Fish and Wildlife

Conservation Act relating to failures to comply to its licensing conditions. The Ministry, which claims

to have acted on a tip from the public, says that the raccoons are being cared for in a secure facility.

New Documents Reveal Wolves, Bobcats, and Lynx Farmed for Fur in Canada

Documents obtained by the Fur-Bearers through multiple freedom of information requests

have exposed fur farming practices in Canada involving wolves, bobcats, and lynx. This adds

three iconic Canadian wildlife species to the list of animals kept captive and killed for their

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

35

fur pelts, bringing the total to six, including minks, foxes, and chinchillas. Fur farms in Alberta

and Saskatchewan, not traditionally associated with fur farming, were identied in the

investigation. The largest fur farm in Saskatchewan, operational since 1996, reportedly houses

lynx, wolves, and foxes. This discovery, placing Canada on the global map for controversial fur

farming practices, has re-ignited calls to end the industry in the country.

Documents Reveal Drop in Charges and Orders from Ontario Animal Welfare Investigations

Data obtained by CBC Hamilton through a freedom of information request revealed that

investigations conducted by Provincial Animal Welfare Services (PAWS) in Ontario are resulting

in fewer orders and charges compared to when the Ontario Society for the Prevention of

Cruelty to Animals (OSPCA) oversaw animal welfare. From 2015 to 2018, the OSPCA issued

16,148 orders and laid 1,946 charges, while PAWS, with a signicantly larger budget, issued

6,970 orders and laid 667 charges from 2020 to June 2023. Animal welfare advocates, including

Camille Labchuk of Animal Justice, raise concerns about the drop, prompting calls for

increased support and transparency in Ontario’s animal welfare services.

BC SPCA Appeals Court to Overturn Decision Returning Abused Dog to Owner

On December 1, 2023, the British Columbia Society for the Prevention of Cruelty to Animals

(BC SPCA) appealed to the BC Supreme Court, urging a reversal of the BC Farm Industry

Review Board’s (FIRB) decision to return a Rhodesian ridgeback named Twelve Gauge

to owner Todd Leduc, who violently and repeatedly struck the dog. This marks only the

second time in a decade that the animal protection agency has sought a judicial review of

a decision of the FIRB. Twelve Gauge was initially seized under the Prevention of Cruelty to

Animals Act, following a complaint backed by video evidence of Leduc’s actions. Despite the

acknowledgment of abuse by the Board, it overturned the BC SPCA’s decision to retain Twelve

Gauge, prompting the legal challenge to the Supreme Court.

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Agency

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

37

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

37

Alberta

Edmonton Valley Zoo Under Investigation by Canadian Zoo Regulator

On February 8, 2023, the Canadian Association of Zoos and Aquariums (CAZA) announced an

investigation into the Edmonton Valley Zoo following a complaint made by Animal Justice. The

complaint alleges that the zoo is failing to provide adequate care for its animals––particularly its

lone elephant, Lucy––contrary to industry standards and the province’s animal protection laws.

In their complaint, Animal Justice cites the Zoo’s public funding request for $10.9 million to the

City of Edmonton in late 2022, which states that “a number of animal enclosures do not currently

meet (CAZA) standards.” Animal Justice is urging CAZA to take the necessary corrective or

disciplinary action, up to and including suspension or revoking the Zoo’s membership.

British Columbia

Vancouver Park Board Approves Lethal Removal of Canada Geese

On May 8, 2023, the Vancouver Park Board approved a plan to manage the city’s Canada

goose population, which includes the option of “lethal removal.” The Board has stated that any

method used will be humane and approved by regulators, but a permit from the Canadian

Wildlife Service is required before implementing it. Animal law lawyer Rebeka Breder said:

“What we really should be discussing and focusing on, is dealing with the root of the problem,

which is usually human behavior. The Park Board should really be focusing on stronger

enforcement of people feeding wildlife in parks, including birds, raccoons, coyotes — ning

them to the maximum extent of the bylaws which Vancouver now has.”

British Columbia Spends $1�65 Million on Wolf and Cougar Cull

According to information posted on the British Columbia’s caribou recovery program website

in June 2023, the province spent $1.65 million on a taxpayer-funded program aimed at

recovering caribou populations. The program involved tracking and shooting 217 wolves from

helicopters and using hunting dogs to kill eight cougars. Critics argue that this approach

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

38

contradicts research showing the ineffectiveness of wolf culls in saving endangered caribou. A

recent survey conducted by The Fur-Bearers also revealed that sixty-eight percent of Canadians

oppose killing wolves for conservation purposes, even if it means saving another species.

Manitoba

Manitoba Government Allocates Funding to Support Fish and Wildlife Conservation

On July 28, 2023, the Manitoba government approved $473,000 in funding through the Fish

and Wildlife Enhancement Fund (FWEF) for new projects aimed at conserving and enhancing

sh and wildlife populations. The projects will focus on infrastructure improvements, wildlife

management area enhancements, and educational campaigns to engage communities with

conservation efforts. An additional $750,000 contribution has been announced to support

the 2024 FWEF grant process. Non-prot groups, local agencies, and research organizations

can apply for funding to promote sustainable hunting and angling practices, protect critical

habitat, and provide public access to angling and hunting opportunities.

Nova Scotia

Nova Scotia Mink Industry Enhancement Program and Subsidies Discontinued

As of July 13, 2023, the Nova Scotia Mink Industry Enhancement program, along with its

corresponding website, has been taken down, indicating the discontinuation of provincial

subsidies for mink farms. The Fur-Bearers organization veried with the Department of

Agriculture that the program is no longer being offered by the province. The department

explained that while the program was previously available under the Canadian Agricultural

Partnership Agreement, it is not currently offered under the new Sustainable Canadian

Agricultural Partnership Agreement. This development suggests a shift in the province’s

approach to supporting the mink industry in Nova Scotia.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

39

Ontario

Ontario Government Invests $6 Million to Protect and Restore Great Lakes

On July 17, 2023, the Ontario government committed $6 million to support thirty multi-year

projects dedicated to preserving, conserving, and restoring the Great Lakes. The initiatives

will tackle challenges like plastic pollution, excess nutrients from agricultural lands, and

monitoring mercury in sh. They also aim to monitor and maintain water quality, protect

sh and wildlife habitats, and address emerging threats such as invasive species and climate

change. The projects involve diverse stakeholders, including community groups, non-prot

organizations, conservation authorities, universities, and Indigenous communities. These

investments align with commitments outlined in the Canada-Ontario Agreement on Great

Lakes Water Quality and Ecosystem Health and Ontario’s Great Lakes Strategy.

Ontario Creates Conservation Reserve to Protect Signiﬁcant Bird and Monarch

Butterﬂy Area

On July 31, 2023, the Ontario government established the Monarch Point Conservation Reserve,

the province’s rst new conservation reserve in over a decade. Spanning nearly 4000 acres along

Prince Edward County’s south shores, the reserve aims to safeguard the habitat of the monarch

buttery and other at-risk species. It also serves as a destination for nature-based tourism,

offering opportunities for hiking and birdwatching. The project resulted from collaboration with

local stakeholders, Indigenous communities, and conservation groups. The reserve is recognized

as an International Monarch Buttery Reserve and an Important Bird and Biodiversity Area.

Ontario Commits $20 Million to Caribou Conservation Program

On August 17, 2023, the Ontario government launched the Caribou Conservation Stewardship

Program with an investment of up to $20 million. Open to non-prots, Indigenous

communities, and others, the initiative supports habitat restoration, protection, and research to

maintain and recover caribou populations. The program reects the largest single investment

dedicated to caribou in the province’s history. Aligned with the ve-year conservation

agreement with the Government of Canada, the program aims to protect and recover caribou

populations by collaboratively managing habitat and implementing restoration activities.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

40

Indigenous Government

Union of BC Indian Chiefs Calls on Government to Strengthen Animal Farming Practices

and Address the Signiﬁcant Environmental Impacts of Factory Farming

On June 8, 2023, the Union of British Columbia Indian Chiefs (UBCIC) passed Resolution no.

2023-19, urging the British Columbia and federal governments to address the environmental

impacts of factory farming and strengthen animal farming practices. The resolution

emphasizes the spiritual and ethical responsibility to treat animals with respect, highlighting

the historical and cultural signicance of animals to Indigenous communities. The resolution

expresses concern over the poor treatment of animals in factory farming, the lack of proper

regulations and oversight, and the environmental consequences, including climate change

and habitat loss. The UBCIC calls for the development of legislation and regulations aligned

with the United Nations Declaration on the Rights of Indigenous Peoples and the provision of

support to transition to more humane animal welfare practices.

Federal

Canada Grants Patent Approval for Steakholder Foods’ 3D Printed Meat

On February 13, 2023, Steakholder Foods Ltd. announced that the Canadian Intellectual

Property Ofce approved its patent on the physical manipulation of cultured muscle tissue

in Canada. Steakholder Foods is a deep-tech food company that develops cultivated meat by

using advanced 3D printing technologies. This patent, which has already been granted in the

United States, Australia, and New Zealand, covers systems and methods for applying external

forces to muscle tissue, which is key to developing high-quality complex structured meat.

Federal Petition Initiated Calling on Government to Ban Octopus Farming

On February 15, 2023, a federal e-petition was launched, calling on the Government of Canada

to ban the importation of farmed cephalopod products into Canada and prohibit the breeding

or raising of cephalopods in captivity on Canadian territory. Companies are getting close to

creating the conditions needed for industrial-scale breeding of cephalopods, like octopuses,

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

41

and are working to develop ways to keep them in large-scale commercial farms. If successful,

this petition would make Canada the rst country to ban octopus farming and prevent these

kinds of farms from developing in the country. The petition was initiated by the Montreal

SPCA and authorized by Green Party leader Elizabeth May, with support from Animal Justice,

Humane Canada, Last Chance for Animals, the BC SPCA, the Canadian Coalition for Farm

Animals, the Vancouver Humane Society, and the Winnipeg Humane Society.

Federal Ban on the Use of Strychnine to Kill Ground Squirrels Takes Eect

The Canadian government’s ban on the use of products containing strychnine for use to

kill Richardson’s ground squirrels went into effect on March 4, 2023. Health Canada’s Pest

Management Regulatory Agency cancelled the registration of products containing strychnine

due to its impact on non-target animals, with a three-year phase out period that is now coming

to an end. The chemical is highly toxic and has been shown to cause severe suffering in animals,

including non-target species such as pets and wildlife. The ban comes after years of advocacy

by animal welfare organizations, who have called for safer and more humane alternatives.

Federal Inspectors Rules Imperial Oil Mine Leak Harmful to Wildlife

On March 10, 2023, federal inspectors ruled a release of oilsands wastewater from Imperial

Oil Ltd.’s Kearl mine was harmful to wildlife and issued a Fisheries Act direction ordering the

company to take immediate action to stop seepage from a tailings pond. The realization

that nine months had passed between the discovery of the original release and the public

announcement drew widespread anger from First Nations, who harvest from land near the

site. Chief Allan Adam of the Athabasca Chipewyan First Nation said: “This is further evidence

that the regulator has lost all credibility [ . . . ] We need the federal government to use all legal

tools at its disposal to take control of the investigation and cleanup.”

Federal Government Responds to Petition Calling for the End of Rescue Dog Import Ban

On March 20, 2023, the Government of Canada tabled a response to petition e-4122, which

called for an end to the federal government’s ban on importing rescue dogs from over one

hundred countries. The response, submitted by the Minister of Agriculture and Agri-Food,

the Honourable Marie-Claude Bibeau, states that: “This recent measure was implemented

in response to the importation of dogs infected with dog rabies, and resulting calls from

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

42

federal and provincial public health ofcials to strengthen importation measures in Canada

for dogs from countries at high risk for dog rabies.” This rationale has been criticized by

animal welfare organizations, who claim the ban is overly broad and argue that the Canadian

Food Inspection Agency failed to consider alternative rabies prevention measures, such as

vaccines, antibody tests, and quarantines.

Federal Authorities Take Action Against Maple Leaf Foods for Misleading Claims

About Hot Dogs

Maple Leaf Foods is facing repercussions from federal authorities after being accused of

misleading advertising regarding their hot dogs, specically labeling them as a “healthy

protein” on their website. The Canadian Food Inspection Agency (CFIA) stepped in after

a complaint was lodged by Debbie Wall, a member of Animal Justice Academy. In an

e-mail from May 25, 2023, the CFIA veried that using the term “healthy” in conjunction

with images of hot dogs could be considered misleading. Consequently, Maple Leaf Foods

was required to remove the misleading assertions from their website. CFIA guidelines

dene “healthy” based on Canada’s Food Guide, which promotes plant-based protein and

discourages processed meats like hot dogs.

Canadian Pig Truck Turned Away by United States Due to Overcrowding and Death

Government documents obtained by Animal Justice in June 2023 revealed that the United

States Department of Agriculture (USDA) refused entry to an overcrowded truckload of

Canadian pigs at the US border due to concerns over animal welfare. The inspection found

that some pigs had died and others were suffering from heat stress during transportation

from Manitoba on a hot and humid day. The Canadian Food Inspection Agency (CFIA)

veterinarians agreed with the USDA’s decision, stating that the pigs would have experienced

even more harm if they had been allowed to proceed through the border and on to slaughter.

The CFIA acknowledged that the driver should have been more cautious and this was not the

rst incident involving pigs from this farm.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

43

Canadian Food Inspection Agency Updates Labelling Policy for Simulated Meat and

Poultry Products

The Canadian Food Inspection Agency (CFIA) revised its policy on simulated meat and poultry

products and their labelling requirements. Previously, all simulated meat and poultry products

and their labels were required to meet specic provisions in the Food and Drug Regulations

(FDR). These provisions mandate that such products: (i) carry a common name with the term

“simulated”; (ii) display “contains no meat” or “contains no poultry” on the label; and (iii) fulll

specic criteria regarding composition and fortication. Under the new guidance, released on

October 5, 2023, plant-based foods lacking the appearance of meat, poultry, or sh are exempt

from these rules. Manufacturers of these exempt items are no longer required to declare the

absence of meat or poultry, with the CFIA focusing on the overall impression of the product for

assessment. For instance, a nonmeat product which is manufactured to have the appearance

of a beef burger by adding components to simulate bleeding must adhere to the requirements

set out in the FDR, but a tempeh patty is exempt due to its dissimilarity to meat or poultry.

Canada’s Cabinet Rejects Emergency Order to Protect Endangered Spotted Owl

On October 11, 2023, Canada’s Cabinet rejected an emergency order to protect the critically

endangered northern spotted owl in British Columbia. Environment Minister Steven

Guilbeault initially said he would recommend the emergency order under Canada’s Species at

Risk Act in February 2023 but delayed until September. During this period, the owl population

plummeted from three to one, with only one wild-born owl remaining in the Fraser Canyon

region. Two captive-bred owls released earlier this year were found dead, and another was

injured and brought back to captivity. The Wilderness Committee, represented by Ecojustice, is

challenging Guilbeault’s eight-month delay in court, raising concerns about the government’s

adherence to the Species at Risk Act. The hearing took place the week of October 15, 2023.

Government of Canada Announces Economic Incentive to Reduce Methane Emissions

from Cows

On December 10, 2023, following Food and Agriculture Day at the United Nations Framework

Convention on Climate Change (COP28) in Dubai, Environment and Climate Change Canada

published a draft fourth protocol under Canada’s Greenhouse Gas Offset Credit System. This

new draft protocol, Reducing Enteric Methane Emissions from Beef Cattle (REME protocol),

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

44

will incentivize farmers to implement changes that would reduce enteric methane emissions

from cows used as esh food with an opportunity to generate offset credits that they can sell.

Developed in collaboration with agricultural experts and inuenced by Alberta’s protocols,

the REME protocol aligns with Canada’s efforts to decarbonize agriculture. Stakeholders and

members of the public are invited to provide feedback via email by February 6th, 2024, with

the nal protocol expected in summer 2024.

Data Reveals Increase in Use of Dogs and Monkeys in Experiments in Canada

According to a December 20, 2023, report by Cruelty Free International, Canada saw a

slight dip in overall animal experimentation, but witnessed disturbing increases in monkey

(fteen percent) and dog (four percent) testing in 2022. Ofcial gures from the Canadian

Council on Animal Care reveal that pigs, reptiles, and cattle also showed signicant rises,

while bird and cat testing declined. Over 105,000 animals (almost three percent of the total)

experienced experiments causing severe pain. Of those, a total of fty percent were used for

regulatory tests, with thirty percent used for basic research purposes. Monica Engebretson,

Head of Public Affairs North America for Cruelty Free International, said: “These gures

highlight the need for other sectors to follow the lead of the Canadian cosmetics industry

which broadly supported the passage of the Canadian government’s ban on animal testing

for new products and ingredients, which comes into effect on December 22.”

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Academic

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

46

ACADEMIC UPDATES

46

New Study Looks at Successes and Challenges of Reforming Animal Agriculture Subsidies

In January 2023, animal advocacy organization, Faunalytics, published a study that looks at

the successes and challenges faced by thirteen organizations in their efforts to shift, reduce,

or eliminate animal agriculture subsidies. The study provides several recommendations and

lessons learned from a wide range of approaches, including that reforming animal agriculture

subsidies needs to be a collaborative effort between animal advocates, environmental

advocates, and farmed animal producers.

University of Saskatchewan Veterinary Scientist Leading a Study on Connection

Between Zoonotic Diseases and Imported Dogs

On January 19, 2023, the University of Saskatchewan (USask) announced that a veterinary

scientist at USask is leading a new study that looks at the link between zoonotic diseases

and recently imported dogs. This comes after the Canadian Food Inspection Agency (CFIA)

implemented a new measure prohibiting the entry of dogs into Canada from countries at

high risk for rabies in September 2022. The risks associated with many of the illnesses carried

by imported dogs are still unknown, but study lead, Dr. Tasha Epp (DVM, PhD), said: “In the last

ve or six years, there’s been quite an interest from both the Public Health Agency and the

Canadian Food Inspection Agency (CFIA) to look at the issue of importing dogs into Canada.”

New Academic Article by Maneesha Deckha Considers Psychological Barriers to

Animal Law Reform

Maneesha Deckha, “Animalization and Dehumanization Concerns: Another Psychological

Barrier to Animal Law Reform” (2023) 2 Psychology of Human-Animal Intergroup Relations 1.

Abstract: Legal systems across the world classify animals as property. There is growing global

momentum asking courts in anthropocentric legal systems to revisit this position through test-

case litigation. This has resulted in a few discrete victories for animals, but not much more. An

ongoing issue is general legal conservatism and the belief in human exceptionalism that judges

exhibit in these and related cases. In addition to general human exceptionalism, this article

argues that a further psychological block for judges can arise from concerns about exacerbating

racism and other intra-human prejudices given histories and legacies of animalizing and

dehumanizing certain human groups. The rst aim of this study is to illustrate this psychological

phenomenon impacting judicial decision-making in relation to race. The article discusses the

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

47

2022 decision by the New York Court of Appeals with respect to the ongoing captivity of Happy,

an elephant at the Bronx Zoo. This decision is selected given its recent and landmark status in

North America. The second aim of the study is to outline why the dissociation of humans from

animals is counterproductive to eliminating racism and other intra-human prejudices and

inequities. The third aim of the study is to explain why afrming human proximity and kinship

to animals—and thus putting a positive spin on animalization—in the legal system would be a

more effective anti-racist and decolonizing gesture. [Published February 21, 2023]

New Report Reveals Canada’s Environmental Laws Are Insucient to Deal with

Impacts of Animal Agriculture

A new report published on March 14, 2023, by Animal Environmental Legal Advocacy (AEL

Advocacy), in collaboration with World Animal Protection, reveals that environmental

protection legislation in most Canadian jurisdictions is insufcient to deal with the

environmental impacts of the animal agriculture sector. The report includes a comprehensive

review of domestic and international laws dealing with issues like land degradation,

biodiversity loss, nutrient pollution, and climate change. The report recommends several

legislative and policy reforms, such as restructuring government subsidies for agriculture,

mandating best management practices, and imposing a moratorium on the expansion of

Intensive Livestock Operations. These measures are aimed at reducing the environmental

impact of animal agriculture and promoting sustainable farming practices in Canada.

Academic Article Explores Implications of Canada’s Wildlife Trade for Zoonotic Disease Risk

Michèle Hamers et al, “An analysis of Canada’s declared live wildlife imports and implications

for zoonotic disease risk” (2023) 8 FACETS 1.

Abstract: In Canada, there have been calls for increased research into and surveillance of

wildlife trade and associated zoonotic disease risks. We provide the rst comprehensive

analysis of Canadian live wildlife imports over a seven-year period (2014–2020), based on

data from federal government databases obtained via Access to Information requests. A

total of 1 820 313 individual animals (including wild-caught and captive-bred animals but

excluding sh, invertebrates, Columbiformes (pigeons), and Galliformes (game birds)), from

1028 documented import records, were imported into Canada during 2014–2020. Birds were

the most imported taxonomic class (fty-one percent), followed by reptiles (twenty-eight

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

48

percent), amphibians (nineteen percent), and mammals (two percent). In total, twenty-two

taxonomic orders from seventy-nine countries were recorded as imported. Approximately

half of the animals (forty-nine percent) were imported for the exotic pet market. Based on

existing literature and a review of the Canadian regulatory apparatus, we gesture to these

importations’ potential implications for zoonotic disease risk and discuss potential biosecurity

challenges at the Canadian border. Finally, we identify data gaps that prevent an extensive

assessment of the zoonotic disease risk of live wildlife imports. We recommend data collection

for all wildlife importation and improved coordination between agencies to accurately assess

zoonotic disease risk. [Published May 15, 2023]

Animal Justice Urges House of Commons Agriculture Committee to Consider

Environmental Impact of Animal Farming

On May 31, 2023, national animal law organization Animal Justice has submitted a brief

to the House of Commons Agriculture Committee, calling attention to the signicant

greenhouse gas emissions, land use, and pollution associated with animal farming. The

committee is currently investigating the environmental impact of agriculture and has

primarily heard perspectives from the meat industry, with limited representation from

environmental organizations. Animal Justice’s written brief aims to provide a balanced view

by highlighting the negative consequences of animal farming. The organization urges the

committee to consider the detrimental effects and broader environmental implications of

this industry in their upcoming report.

Animal Justice Report Questions Biosecurity as Justiﬁcation for Ag Gag Laws

On August 9, 2023, Animal Justice released a new report examining disease outbreaks on

Canadian farms. The report, an update to a previous version, uses data from the Canadian

Food Inspection Agency (CFIA) to show that disease outbreaks are often linked to subpar

farm practices and inadequate biosecurity. The report aims to counter the argument made

by animal agriculture lobby groups and lawmakers that “agricultural gag” laws (commonly

known as “ag gag” laws) are essential to prevent farm-related disease outbreaks and

ensure food safety. It disputes the notion that animal advocates are to blame for diseases,

emphasizing that documented outbreaks are primarily a result of farm operators’ actions.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

49

New Book by Kendra Coulter Exploring the World of Animal Protection Available

for Pre-Order

Kendra Coulter, Defending Animals: Finding Hope on the Front Lines of Animal Protection

(US: The MIT Press, 2023).

Summary: Published on September 26, 2023, this book offers an in-depth look at the urgent

struggle to protect animals from harm, cruelty, injustice, extinction, and their greatest threat—us.

Beloved dogs and cats. Magnicent horses and mountain gorillas. Curious chickens. What do

we actually do to protect animals from harm—and is it enough? This engaging book provides

a unique and eye-opening exploration of the world of animal protection as people defend

diverse animals from injustice and cruelty. From the streets of major US cities to remote farms

and tropical forests, Defending Animals is a gritty and moving portrait of the real work of

animal protection that takes place in communities, courtrooms, and boardrooms.

Globally recognized expert Kendra Coulter takes readers across the different landscapes

of animal protection to meet people and animals of all kinds, from cruelty investigators to

forensic veterinarians, wildlife rehabilitators and conservation leaders to animal lawyers and

entrepreneurs, each working in their own ways to defend animals. Bringing unparalleled

research and a distinct and nuanced analytical viewpoint, Defending Animals shows that

animal protection is not only physical, intellectual, and emotional work but also a labor so

rooted in empathy and care that it just might bridge the vast divide between polarized

people and help create a more humane future for us all.

New Academic Journal Explores Animal Law, Ethics, and “One Health” Approach

On June 22, 2023, the Center for Animal Law and Ethics (CALE) at the Faculty of Law at the

University of Zurich in Switzerland launched the Journal of Animal Law, Ethics and One

Health (LEOH). LEOH provides a forum for the discussion of animal law and animal ethics

issues as well as the One Health approach and its perspectives on law and ethics. The LEOH

editors are particularly interested in articles discussing legal and ethical issues relating

to animals, the “One Health” approach, as well as case law and legislation relating to or

having an impact on animals with a focus on Europe. It also welcomes contributions with a

comparative perspective that highlight and comment on developments in other countries,

which could play a pioneering role for the development of the subject matter in the

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

50

European legal arena. This fully Open Access journal is accepting contributions in German,

English, and French. Articles are published on a rolling basis.

Report Highlights Interconnectedness of Poor Animal Welfare and Antibiotic Overuse

on Farms

On September 19, 2023, World Animal Protection published a report underscoring the pervasive

problem of antibiotic overuse in intensive animal agriculture. The report sheds light on how

antibiotics, crucial for treating animal diseases, are often used preventively, exacerbating the

rise of antibiotic-resistant bacteria or “superbugs.” This misuse stems from cramped, stressful

conditions in intensive farms, compromising animal health. The report advocates for enhanced

animal management practices, highlighting successful alternatives such as better hygiene,

spacious stalls, and enrichment activities. By improving animal welfare, the report argues, the

reliance on antibiotics can be signicantly reduced, beneting both animal and human health.

Experts Advocate Just Transition Away from Factory Farms for Climate and Social

Justice Ahead of COP28

A policy report released on October 12, 2023, from the Stockholm Environment Institute

emphasizes the urgent need to shift away from industrial meat production to address

climate change and social injustices in the global food system. The report highlights

the signicant environmental impact of factory farms, particularly in deforestation

and disease proliferation. Experts argue for a “One Health” approach, recognizing the

interconnectedness of human, animal, and environmental well-being. The proposed shifts

include phasing out subsidies for factory farms, supporting plant-based alternatives, and

ensuring inclusive, transparent policymaking. Additionally, addressing historical injustices,

supporting affected communities, and involving diverse stakeholders are crucial for a just

transition in the food sector, according to the report.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

51

New Book Explores Potential of Cultivated Meat to Solve Planetary Crises

Michel Vandenbosch & Philip Lymbery (eds), “Cultivated Meat to Secure Our Future: Hope for

Animals, Food Security, and the Environment” (US: Lantern Publishing & Media, 2023).

Summary: This provocative book, published on October 24, 2023, informs, inspires, and

opens debates about cultivated meat. An amazing collection of visionary and respected

contributors powerfully present the latest research and opinions regarding its potential

for solving our current planetary crises. Cultivated Meats to Secure Our Future features an

amazing collection of visionary and respected contributors. Each powerfully presents the

latest research and opinions regarding its potential for solving our current planetary crises.

Contributors include Isha Datar of New Harvest, Chase Purdy, author of Billion Dollar Burger,

and Hanna Tuomisto one of the world’s leading researchers in the eld of environmental

sustainability assessment of cell-cultured food production technologies. Also included is a

thought-provoking foreword by Ira van Eelen, daughter of Willem van Eelen the godfather of

cultivated meat, and CEO of KindEarth.Tech and RESPECTfarms.

Cigarette-Style Warning Labels on Food Could Reduce Meat Consumption, Study Says

A new study published in the journal Appetite on November 1, 2023, suggests that graphic

warning labels on food, similar to those used on tobacco products, could lead to a seven

to ten percent decrease in meat selection. The study involved showing 1,001 meat-eating

adults images of meals with health, climate, pandemic warnings, or no labels. Pandemic

warnings were the most effective, reducing meat choices by ten percent, followed by health

warnings at eight point eight percent, and climate warnings at seven point four percent. The

researchers believe their ndings could help encourage changes in consumer food choices

that could ultimately benet the environment.

Climate Report Exposes Leading Canadian Meat Producer as Top Emitter

A report published by the Coller FAIRR Protein Producer Index on November 7, 2023, revealed

that greenhouse gas emissions from the animal agriculture industry rose by an average of

over three percent in 2023. Notably, Saputo, a prominent Canadian meat producer, stands

out as one of the major contributors, registering a one point thirty-seven percent increase in

emissions, totaling almost fteen million tonnes of carbon dioxide. Only seven out of twenty

companies managed to reduce climate emissions despite recommendations from the UN’s

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

52

Intergovernmental Panel on Climate Change. The study underscores the urgent need for

industry-wide changes and policy action in the food and agriculture sector to address its

substantial contribution to greenhouse gas emissions.

University of Victoria Debuts “Animal Law and Youth Activism” Documentary Series

On December 10, 2023, the University of Victoria’s Animals & Society Research Initiative launched

“Animal Law & Youth Activism,” a six-episode documentary series featuring perspectives from

four dedicated youth advocates on animal protection issues. The series delves into various

topics, including companion animals, animals in research, farmed animals, wild animals, animal

sanctuaries, and careers in animal protection. Complemented by Educators’ Guides, the series

strives to enrich viewer experiences and align with educational curriculum outcomes.

2023 YEAR IN REVIEW2023 YEAR IN REVIEW

Other

Updates

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

54

OTHER UPDATES

54

New Documents Reveal the Extent of Live Animal Use in Canadian Medical Military Training

According to information obtained by Animal Alliance of Canada and released on January

6, 2023, the Department of National Defence used and euthanized more than 1,800 pigs as

part of Canadian Armed Forces medical training exercises at a facility in Sufeld, Alberta

between 2012 and 2022. During these exercises, medical trainees must identify and treat

wounds on pigs who have been impaled, mutilated, or exposed to chemical nerve agents.

Animal Alliance of Canada is calling for an end to the practice, noting that there are

alternatives such as human patient simulators.

New Statistics Show 2022 is Highest Year on Record for Animal Slaughter in Canada

According to statistics released by Animal Justice on February 15, 2023, Canada slaughtered

841 million animals in 2022. This number is up from a pandemic dip in 2021, and is the greatest

number of animals slaughtered on record since Animal Justice began tracking government

statistics in 2015. The organization says that most of the increased slaughter is due to increased

demand for chicken meat as well as rapid human population growth. However, these gures

only account for animals who were slaughtered and not those that died in transport or on

farms; they also don’t include animals such as sh, lobster, horses, and deer.

Kiska, the Loneliest Whale in the World, Dies at Marineland

After spending over four decades in a tank, Kiska, the last captive killer whale in Canada, died at

Marineland in Niagara Falls, Ontario on March 9, 2023. Kiska, also known as “the loneliest whale

in the world,” spent over a decade in isolation, displaying distressing behavior such as banging

her head and gnawing her teeth on the pool’s concrete walls. National animal law organization

Animal Justice is urging provincial authorities to release the post-mortem results and prosecute

Marineland for the unlawful distress Kiska clearly experienced throughout her nal years.

Pierre Poilievre Announces Plan to Expand Seal Hunt

Conservative Leader Pierre Poilievre faced condemnation from animal-welfare groups in

Canada, the United States, and Britain, including singer-songwriter Jann Arden and Baywatch

star Pamela Anderson, after saying he would expand Canada’s seal hunt if he becomes prime

minister. In a video posted online on March 11, 2023, Poilievre blamed opposition to the cull on

“eco-nuts” and claimed that killing more seals is necessary to curb a rise in the seal population

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

55

and protect Atlantic salmon. However, animal welfare groups and experts have disputed his

claim that harp seals are responsible for depleting the Atlantic salmon population, pointing

out that seals mainly feed on capelin, cod, and crustaceans such as crab and krill.

The Bay Goes Fur-Free

On March 23, 2023, the Hudson’s Bay Company (the Bay), the oldest retailer in Canada and once

the largest fur trader in North America, conrmed that it has stopped selling products made

with real fur. The Bay is among several retailers and designers that have gone fur-free in recent

years, including Saks Fifth Avenue, Canada Goose, Nordstrom, Versace, Michael Kors, and Gucci.

New Statistics Show Staggering Numbers of Aquatic Animals Killed for Food in Canada

According to recently released statistics from Animal Justice on April 3, 2023, over 10.2 billion

aquatic animals were killed by Canadian sheries and sh farms in 2021, over twelve times

more than the number of land animals killed each year. Since the government only measures

killed aquatic animals by collective weight, the organization calculated a rough estimate of

the number of individuals killed by dividing the total landing weight of each species by the

average weight of an individual member of that species. Animal Justice’s estimate does not

include bycatch—sh and other ocean wildlife who are not the target of a shery but who are

caught and generally discarded in the shing process––which may nearly double the number

of lives lost to the commercial shing industry. It also excludes “ghost gear,” nets and other

shing gear, which continue to catch aquatic animals after being lost or abandoned.

Canada Launches Consultation on National Biodiversity Strategy

On May 15, 2023, the Government of Canada initiated a public consultation to inform

the development of a national Biodiversity Strategy. There were several opportunities

for Canadians to provide comments and perspectives to shape the strategy, including

participating in an online survey and engaging in events and platforms organized by the

government in collaboration with partners and stakeholders over the spring and summer of

2023. During the National Biodiversity Symposium on May 15, Environment Minister Steven

Guilbeault called for a “whole of government, whole of society approach” and new legislation

to meet the government’s goal to protect thirty percent of Canada’s lands and waters by 2030.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

56

Municipal Leaders Join World Animal Protection in Urging Ontario Government to Shut

Down Roadside Zoos and Implement Comprehensive Licensing System

In a press released issued on May 18, 2023, World Animal Protection urged the government

of Ontario to implement a comprehensive licensing system to restrict the keeping of captive

wildlife in under-regulated “roadside” zoos. They called for facilities to meet high animal welfare

and human health and safety standards, backed by effective enforcement, highlighting

recent concerning incidents, such as animal deaths at Marineland and Reptilia opening in

London despite a by-law ban on certain species. The Toronto Zoo, the Association of Municipal

Managers, Clerks and Treasurers of Ontario, and the Municipal Law Enforcement Ofcers’

Association joined their efforts by writing letters urging the government to address the issue.

Niagara Falls Mayor Declares Marineland Needs to “Change Direction”

In an interview reported on by CBC Hamilton on May 19, 2023, Mayor Jim Diodati of Niagara

Falls, Ontario, expressed that Marineland has “run its course”, emphasizing the need to “move

right away from animals.” While the theme park has been a major source of income for the city,

it has faced signicant public scrutiny for alleged animal cruelty in recent years. Marineland

has been searching for a new owner since 2018. However, the park has recently been seeking

buyers to “transition” its focus to something that Diodati describes as “a Canada’s Wonderland

approach or a Six Flags.” The past few months at Marineland have seen the death of Kiska, the

last captive killer whale in Canada, as well as a bottlenose dolphin and beluga whale.

Black Bear Rescued from Marineland Finds Forever Home at Ontario Sanctuary

Sasha, a three-year-old black bear rescued from Marineland in Niagara Falls, settled into his

permanent home at the Aspen Valley Wildlife Sanctuary near Parry Sound, Ontario. In 2022,

the sanctuary received a rare request from Ontario’s Animal Welfare Services to take in the

bear from Marineland. Marineland faces ongoing animal welfare investigations and charges

related to the care of its American Black Bears. In September 2023, Aspen Valley ofcially

adopted Sasha, granting him access to an acre of forested terrain for exploration and a

natural den for winter hibernation.

CANADIAN ANIMAL RIGHTS LAW & POLICY: 2023 YEAR IN REVIEW

57

Medical Evaluation Advises Against Relocating Lucy the Elephant to Sanctuary

According to a December 13, 2023, news report, German veterinarians from ProGenY have

conducted a medical assessment of Lucy, an Asian elephant residing in solitude at the

Edmonton Valley Zoo. Although recent evaluations by experts highlight the necessity of

transferring Lucy to The Elephant Sanctuary in Tennessee to address concerns regarding her

autonomy, space, socialization opportunities, and natural surroundings, the report cautions

against relocation due to age-related factors and potential challenges in adaptation. Despite

minor improvements in Lucy’s overall health, issues such as uterine tumors and respiratory

challenges continue to persist, as outlined in the report.

Beluga Whale Death Raises Concerns at Marineland, Bringing Total to Fifteen in Four Years

On December 15, 2023, CBC News reported the death of another beluga whale at Marineland

in Niagara Falls, marking the fteenth such incident in the past four years. Ontario’s Animal

Welfare Services, investigating since 2020, has been informed of fourteen beluga whale

deaths, along with one orca, a bottlenose dolphin, a harbour seal, a grey seal, and two

California sea lions. Meanwhile, a beluga transferred from Marineland to Mystic Aquarium in

2021 recently died, prompting a United States government investigation.

Animal Agriculture Alliance Reports on 2023 Animal Rights Conferences

On December 20, 2023, the Animal Agriculture Alliance (AAA), an animal agriculture industry

support organization, concluded its release of reports from prominent animal rights conferences

in 2023, presenting what the AAA claims to be the movement’s main strategies and impact.

According to the report, discussions at these conferences included the call for increased

investigations and open rescues at farms, heightened political engagement by animal rights

advocates, strategies to pressure food-related brands to reduce meat sourcing, and leveraging

broader issues such as public health and climate change for attention. The AAA urges their

members to be aware of these “tactics” and implement measures to “safeguard their livelihoods.”

A COLLABORATIVE PRODUCTION BY THE BROOKS INSTITUTE FOR ANIMAL RIGHTS

LAW & POLICY, INC. AND THE UNIVERSITY OF TORONTO FACULTY OF LAW

Recent Developments in Canadian Animal

Rights Law & Policy: 2023 Year in Review