Canada

Summary: This case dealt with the procedure the applicants used to get their claim heard by the court. The respondent City holds a licence under the Wildlife Act, R.S.A. 2000, c. W‑10 to operate a zoo, which houses a lone Asian elephant named Lucy. The appellants commenced this action by originating notice for an order. The chambers judge concluded that the proceedings were an abuse of process because a private litigant cannot seek a declaration that the respondent is in breach of a penal provision in a statute, namely that the elephant was kept in distress because of health concerns. Alternatively, he concluded that the application should have been brought by way of statement of claim, not originating notice. Further, the chambers judge concluded that the appellants had no private interest standing, and that there were barriers to them being awarded public interest standing. On appeal, the parties raised two issues: (1) whether the chambers judge erred in denying the appellants standing to seek a declaration; and (2) whether the chambers judge erred in concluding that the proceedings were an abuse of process. This court held that the chambers judge came to the correct conclusion that these proceedings are an abuse of process. APPEAL DISMISSED.

Summary: This Article uses the theory of deliberative democracy, as developed by Jürgen Habermas and others, to suggest that public discourse is essential to encouraging democratic change in animal welfare law. The author examines the legal regimes of Canada and New Zealand to determine which country better facilitates a public dialogue about the treatment of animals. The Article concludes that, while Canada has a number of laws that ostensibly protect animals, New Zealand’s regime is much better at creating the public discourse required to meaningfully advance animal protection. The author does not suggest that New Zealand’s regime is perfect; rather, New Zealand’s model is preferable to Canada’s because it allows the public to meaningfully engage in laws affecting animals at regular intervals. In Canada, generating discussion in government about animal welfare is too often left to the whim of legislators. Due to New Zealand’s model of encouraging and requiring public discourse, its protection laws have begun to surpass those of Canada, and there is reason to believe this will continue. Encouraging public discourse about our assumptions about animals fosters hope for meaningful progress in their lives.

Summary: This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States.

Summary: This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States.

Summary: This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States.

Summary: The accused in R v. Menard had a business euthanizing animals by use of motor exhaust which caused pain and burns to the mucous membranes of the animals he was euthanizing. In a decision written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. Lamer J. statements about the animal-human relationship have been influential in Canadian Animal case law.

Summary: In R v D.L. (1999 ABPC 41) the phrase “wilfully and without lawful excuse” found in s.446 was at issue. In this case, two individuals were charged under s. 445(a) s.446 (1)(a) for killing a cat after the cats’ owner told them to “get rid of it” which they took to mean kill it. The judge in this case found that having permission to kill an animal was not a sufficient “lawful excuse” and did not lawfully give the authority to cause unnecessary pain and suffering to the animal. The accused was found not guilty on count 1 and guilty on count 2.

Summary: In R v Shand 2007 ONCJ 317 (CanLII), the court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition."