Times are changing. More and more people own pets. With the increase in pet ownership and popularity, we are having an increase in animal-related legal issues. But are animals acquiring rights? As most lawyers would say, it depends on how you look at the issue. Firstly, animals are considered private property. So, from an inherent rights perspective, they enjoy as many rights as your car, sofa, or stamp collection. But, governments from all levels have enacted laws to protect animals. So, animals do receive protection under various laws and regulations, unlike your car, sofa, and stamp collection.
Pets' popularity seems to be driving this new awareness. If you own pets, you can easily understand why the idea of animal rights is gaining popularity. We had a golden retriever whom we loved dearly (he was 15 years old when we put him down). These animals become members of our family. It isn't easy to think of them as property. According to Mordor Intelligence, a market intelligence and advisory firm, more Canadians are acquiring pets. On their website, they state: "The citizens of Canada prefer the ownership of pets, compared to other countries in similar geographic locations. As per Canadian Animal Health Institute (CAHI), in 2018, there is an estimated 8.8 million cats and 7.6 million dogs. This is an increase of 10 per cent in the past decade. Approximately 41 per cent of Canadian households now include at least one dog, and similarly, around 37 per cent include at least one cat according to the same source."
In Manitoba, as in most provinces, the three levels of government create a framework for animal protection. Manitoba enacted the Animal Care Act. Federally, the Criminal Code of Canada creates penalties for animal cruelty, and cities and municipalities enact bylaws to regulate animal ownership. For example, the City of Winnipeg enacted the responsible pet-ownership bylaw. Under the Manitoba Animal Care Act, the government created a framework to protect animals. This protection extends to all animals, whether pets, production animals (farm), or wildlife. Para. 3(1) of the act reads as follows: "No person shall inflict upon an animal acute suffering, serious injury or harm, or extreme anxiety or distress that significantly impairs its health or well-being." The act creates exceptions to permit activities such as animal slaughter, fishing and hunting, and sporting events as long as these are performed by a code of conduct or acceptable practices and procedures. The act also defines the term: Animals in Distress. Para. 6 of the act reads as follows: 6(1) Subject to subsection (2), for this act, an animal is in distress if it is(a) subjected to conditions that, unless immediately alleviated, will cause the animal death or serious harm;(b) subjected to conditions that cause the animal to suffer acute pain;(c) not provided food and water sufficient to maintain the animal in a state of good health;(d) not provided appropriate medical attention when the animal is wounded or ill;(e) unduly exposed to cold or heat; or(f) subjected to conditions that will, over time, significantly impair the animal's health or well-being, including(i) confinement in an area of insufficient space,(ii) confinement in unsanitary conditions,(iii) confinement without adequate ventilation or lighting,(iv) not being allowed an opportunity for adequate exercise, and(v) conditions that cause the animal extreme anxiety or distress.
Interestingly, the act creates a sub-para (f)(v) mental health component. From my understanding of the literature, this is unique. The Animal Legal Defence Fund constantly, until 2018, ranked Manitoba as the province offering animals the most protection (we fell into 2nd place in 2018, losing the first spot to PEI). The organization relies, in part, on the law's recognition of psychological harm as one of the existing strengths. The full report can be found here.
At the federal level, s. 444 to 447 of the Criminal Code protects animals from injury, death, and cruelty. Before 2008, the Criminal Code limited convictions in this area to summary conviction. The federal government added teeth to the Code in 2008 by making these offences indictable with the possibility of a prison sentence up to 5 years in length (although the Crown may still proceed on a summary conviction basis which can incur a $10,000 fine and up to 18 months in prison).
Winnipeg's Responsible Animal Ownership bylaw deals with a host of other topics ranging from animal licensing, prohibited dog breeds (pit-bulls), prohibited animals, the ability to impound, and dangerous dog designation, to name a few.
As we can see from a quick overview of the legislation, animal protection, or, if you prefer, the rights animals enjoy under our legal framework are expanding. Some lawyers across the country are also devoting part of their practice to animal rights. Take, for example, Victoria Shroff from Vancouver. She has been practicing in this area for over 20 years and has dealt with various cases involving animals. In a recent article, she discusses two relatively recent cases. First, she cites the court's decision to acquit Dr. Anita Krajnc from criminal mischief charges when she provided water to pigs destined to the slaughterhouse. She also discussed the plight of Lucy, the elephant in the Edmonton Zoo. That case was eventually heard in the Alberta court of appeal. The court, in the end, sided with the Edmonton Zoo, but one of the three judges provided a strongly worded dissent whereby she criticized the:
"inadequate consideration of animals' interests in law-making."
Interested in this topic? Checkout my other articles on criminal defence work.
This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship (this means that I am not your lawyer until we both agree that I am). If you are seeking advice on specific matters, please contact Philippe Richer at 204.925.1900. We cannot consider any unsolicited information sent to the author as solicitor-client privileged (this means confidential).
We offer clear, understandable legal services from our offices in Winnipeg. Our mission is to make law more accessible.
Étude d'avocats TLR Law Office legal services provided by P.J. Richer Law Corp.