🧑‍⚖️ Intro to Animal Law + Animals in Canadian Legislation

The Case for Animals in Law

Introduction: Animal Law
 Concerned with how animals are treated and protected under the law

People’s Beliefs (Spiritual, Philosophical)
 How people feel about animals
 How people believe animals should be treated

Animal Welfare
 Definitions have evolved
 Focuses on what the animal experiences

Animal Law
 Standard of protection set by legislators
 Protects an important “good” (animal welfare)

Law, Rights, and Duties Overview

Fundamentally, a social construct
 Law exists because societies agree on rules and institutions

What Is Law
 Law is the field of law or a specific piece of legislation
 Legislation means formally written rules

Laws vs Rights
 Laws regulate behavior, what is allowed required or prohibited
 Laws are not rights
 Rights are granted by legal institutions like governments or courts

Duties
 Laws can assign duties, meaning obligations
 Example, traffic law requires stopping at red lights

Ethical Rights
 Ethically, a right is something a person ought to be granted
 Based on moral philosophical or spiritual beliefs
 Example, patients expect empathy and compassion
 Empathy means understanding feelings, compassion means caring action

Legal Standards
 Ontario’s Regulated Health Professions Act sets standards of practice and codes of ethics
 These legal standards may not match patient beliefs

Animal Law
 Animal law studies how laws define rights duties and protections for animals

Rights and Duties Relationship
 Rights describe what someone is entitled to receive
 Duties describe what someone is obligated to do

Foundations of Law and Classification

Aristotle 384–322 BC
 Justice means distinguishing between different relationships, obligations, and actions
 From Nicomachean Ethics Book V and Politics Book I
 Justice depends on understanding how situations differ

Jeremy Bentham 1748–1832
 Problem, ambiguity in classification leads to inconsistent legal application
 Different categories cause different legal outcomes
 Solution, classify all human actions
 Goal is to decide which actions should be regulated by law

Critical Legal Studies 1970s
 Classification is not neutral
 It reflects power structures and cultural biases
 Who defines categories influences legal outcomes

Core Idea of Law
 Law relies on classification
 Everything in law depends on how things are categorized
 Quote, the essence of law is classification
 Lesli Bisgould, Animals and the Law, 2011

Animals as Property

Before the 18th century, animals were treated like any other ‘thing’
 Laws considered them property, not beings with rights
 Legal status focused on ownership, not welfare

Why Classify Animals as Things

Eurocentric Thinking
 Traditionally, animals were considered distinct from humans

Scala Naturae (Natural Ladder)
 Proposed by Charles Bonnet (1781) based on Aristotle’s earlier classification of living beings (384–322 B.C.E.)
 Natural world arranged as a single continuum from “higher” to “lower” beings, e.g., Man > mammals > cetaceans > reptiles, birds, amphibians, fish > crustaceans, etc.

Animals as Automata – Eurocentric Views

Descartes and Rationality
 René Descartes (1596–1650) argued language, a uniquely human trait, should test for rationality

Implications for Animals
 Animals were considered “machines” without conscious experience
 Some vivisectionists treated animals as if they lived mechanically, lacking feelings or awareness

Animals in Legislation – Early Advocacy

Humphry Primatt (1776)
 Anglican minister who wrote A Dissertation on the Duty of Mercy and Sin of Cruelty to Brute Animals

Key Ideas
 “Pain is pain, whether inflicted on man or beast”
 “Whether we walk on two legs or four; whether heads are prone or erect; whether we speak like humans, whistle like birds, or are mute like fish—nature never intended these distinctions as basis for tyranny or oppression”

Impact
 Among first to bring animal welfare to public attention in Europe
 Highlighted ethical duty to prevent cruelty toward animals

Animals and Legal Protection – Bentham’s Influence

Jeremy Bentham (1789)
 English lawyer, philosopher, and social reformer
 Wrote An Introduction to the Principles of Morals and Legislation

Key Ideas
 Animals were historically treated as “things” because their interests were ignored by ancient jurists
 Bentham argued the relevant question is not “Can they reason?” or “Can they talk?” but “Can they suffer?”
 Law should protect all sensitive beings, not just humans

Early Animal Protection Legislation – Richard “Humanity Dick” Martin

Richard Martin (1754–1834)
 Irish politician, animal rights campaigner, and duellist

The 1822 Act
 An Act to Prevent the Cruel and Improper Treatment of Cattle
 Made it illegal to “wantonly and cruelly beat or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep or other cattle”
 Offenders faced fines or imprisonment

Significance
 The Cruel Treatment of Cattle Act (1822) was first contemporary anti-cruelty statute
 Marked a major step in legal protection for animals

Enforcement of Early Animal Laws – Martin’s Act

Early Enforcement
 Enforcement of Martin’s Act was sporadic
 Often Martin himself brought cases to court

Trial of Bill Burns
 Depicted in painting by P. Mathews (1838)
 First highly publicized trial under Martin’s Act, 16 years after it passed
 Martin brought a beaten and neglected donkey to court as evidence

The Canadian Legal System

The Canadian Constitution
 Constitution Act, 1867 and Constitution Act, 1982
 Describes basic principles of democratic government in Canada
 Parliament of Canada and provincial/territorial legislatures have authority to pass laws – “federal system”

Federal Legislation
 Criminal Code of Canada
 Health of Animals Act Regulation
 Meat Inspection Act Regulation

Provincial Legislation
 Provincial Animal Welfare Services (PAWS) Act
 Security from Trespass and Protecting Food Safety Act

Federal Legislation: Criminal Code of Canada

Overview
 Enacted 1892, last amended Apr. 25, 2025
 Part XI: Wilful and Forbidden Acts in Respect to Certain Property

Section 445(1): Animals – Killing or Injuring
 “Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose”

Federal Legislation: Criminal Code of Canada – Cruelty to Animals

Overview
 Enacted 1892, last amended Apr. 25, 2025
 Part XI: Wilful and Forbidden Acts in Respect to Certain Property

Section 445.1(1): Causing Unnecessary Suffering
 “Every one commits an offence who (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird”
 Also prohibits:
  Fighting or baiting of animals or birds
  Poisoning of animals or birds
  Liberation of captive birds for the purpose of shooting them

Meaning of “Wilful” in Section 445 – Criminal Code of Canada

Definition (Section 429)
 “Every one who causes the occurrence of an event by doing an act or omitting to do an act that it is their duty to do, knowing that the act or omission will probably cause the occurrence of the event, shall be deemed wilfully to have caused the event”

Key Points
 Action – Accused performs or omits an act they have a duty to do
 Knowing – Accused knows the act or omission will probably cause the event
 Probability – Event is likely to occur as a result of the action or inaction

Interpretation
 Wilful = intentional or knowing cause of event
 Not wilful = accidental or without knowledge of likely outcome

Case Study: R. v Heynan, Alberta Provincial Court (1992)

Background
 Accused was sole owner of a guiding business in Yukon Territory
 Nov 1990: 24 horses brought to Teepee Creek, Alberta, left mostly unattended over winter

Incident
 March 1991: neighbors reported poor horse conditions to R.C.M.P.
 21 horses survived, several emaciated
 3 horses died, one necropsy confirmed cause of death as starvation

Charge
 Wilfully neglecting to provide adequate feed to horses under Criminal Code, C-46, ss. 21, 429(1)

R. v Heynan – Wilfulness Determination

Court Question
 Whether evidence showed Mr. Heynan knew leaving horses unattended over winter would probably prevent them from receiving adequate food

Accused’s Statement
 Claimed he did not think his actions would cause this outcome

Court Decision
 Described the accused as “naïve”
 Evidence did not show wilfulness
 Charges were dismissed

Animals as Property – Criminal Code of Canada

Anthropocentric Focus
 Law considers human behaviour, not the animal’s experience

Wilfulness Requirement
 Offence requires wilfully acting contrary to section 445

Case Example: R. v Heynan (1992)
 Illustrates difficulty of proving wilful neglect
 Even when animals suffered severe consequences – death by starvation, prolonged hunger, poor body condition

Summary
 Criminal Code treats animals as property, focuses on human intent rather than animal suffering

Health of Animals Act – Canadian Legislation

Enabling Act
 Authorizes creation of federal regulations

Acts vs Regulations
 Acts are made by Parliament
 Regulations can be delegated by Parliament to an agency or Minister

Purpose
 Protect Canadian livestock from contagious diseases

Importance of Definitions
 Clear definitions form backbone of robust laws

Health of Animals Act – Highly Pathogenic Avian Influenza (HPAI)

Reportable Disease
 HPAI is listed under the Reportable Diseases Regulation
 Must be reported to CFIA

Control Measures
 CFIA establishes Primary Control Zones (PCZ) in areas with HPAI detection
 Permit required to move birds or their by-products within PCZ

Legal Basis
 Health of Animals Act S.C. 1990, c. 21 Section 2

CFIA – HPAI Primary Control Zone (PCZ) Categories

Acronyms
 CFIA = Canadian Food Inspection Agency
 HPAI = Highly Pathogenic Avian Influenza
 PCZ = Primary Control Zone

Low Pathogenic
 PCZ – Infected zone: area with confirmed cases of low pathogenic avian influenza
 PCZ – Security zone: surrounding area with heightened biosecurity to prevent spread

Fraser Valley
 PCZ – Category 2: expanded control area around infected premises
 PCZ – Category 1: immediate area around infected premises with strictest controls

Commercial Premises
 Infected zone: confirmed cases in commercial flocks
 Restricted zone: limited movement of birds/products allowed
 Security zone: heightened biosecurity and surveillance

Non-Commercial Premises
 Infected zone: confirmed cases in non-commercial flocks or birds
 Restricted zone: limited movement, preventive measures in place
 Security zone: monitoring and biosecurity measures enforced

Other
 Revoked zone: previous control zones no longer active

Health of Animals Regulation (HAR) – Canadian Legislation

Authorization
 Health of Animals Act allows Minister of Agriculture and Agri-Food to pass HAR

Areas Covered
 Disease control, quarantine, and animal disposal
 Import and export of animals and animal products
 Transport and feeding of live animals during transport, including:
  Which animals are fit for transport
  Maximum transport times without feed, water, and rest

Enforcement
 Canadian Food Inspection Agency (CFIA)

Safe Food for Canadians Act and Regulations – Canadian Legislation

Safe Food for Canadians Act (2012)
 Federal legislation governing food safety in Canada

Safe Food for Canadians Regulations (2018)
 Division 7: “Meat Products and Food Animals”
 Covers humane treatment and slaughter of animals

How Is Canada Perceived Internationally?

Canadian Animal Law – Current Status and Challenges

Grade
 Canadian animal law receives a “D”

Positive
 Criminal Code addresses sexual abuse of animals and animal fighting
 Health of Animals Regulation reduced maximum transport time for some animals without feed, water, or rest
 Quebec (2015) recognizes domestic and captive wild animals as sentient
 Ending of Captivity of Whales and Dolphins Act (2019)

Negative
 Federal legislation focuses on preventing harm rather than promoting positive welfare
 There’s no federal agency responsible for developing a national animal welfare policy
 Legislation varies widely between provinces and territories
 Provincial and territorial laws are enforced before federal laws

Provincial Animal Welfare Services (PAWS) Act – Ontario (2019)

Overview
 Also called the “PAWS” Act
 Replaces the Ontario Society for the Prevention of Cruelty to Animals Act (1990)

Administration
 Ministry of the Solicitor General appoints a Chief Animal Welfare Inspector
 Chief Animal Welfare Inspector appoints all other Animal Welfare Inspectors
 Inspectors are specialists in livestock, agriculture, horses, zoos, and aquaria

Penalties
 PAWS Act has the toughest penalties for animal welfare offences in Canada

Provincial Legislation (PAWS)

Basic Standards
 Sets minimum standards of care for all animals
 Includes definitions for housing, husbandry, and veterinary care

Additional Standards
 Dogs that live outdoors
 Captive wildlife and their enclosures
 Captive primates

PAWS Act – Impact and Observations (Ontario)

Improvements vs Concerns
 Some argue the PAWS Act has improved animal welfare, but not all outcomes are positive

Investigations and Enforcement
 PAWS investigations have led to fewer charges and orders compared to the former OSPCA system

Data Comparison
 Orders issued: OSPCA – 15,148; PAWS – 6,970
 Charges laid: OSPCA – 1,946; PAWS – 667

Notes on Data
 OSPCA data from 2015 to end of 2018
 PAWS data from July 26, 2020 to June 20, 2023
 2019 excluded due to insufficient data
 PAWS reports its numbers may be underreported

Ending of Captivity of Whales and Dolphins Act – Canadian Legislation

Legislative Timeline
 2015: Bill S-203 first introduced in Senate
 2017: Debated in Senate
 2018: Senate passes bill, sends to House of Commons
 2019: House Fisheries Committee passes bill without amendments; House of Commons passes bill
 June 21, 2019: Bill receives Royal Assent and becomes law

Ending of Captivity of Whales and Dolphins Act – What Is Banned

Definition
 Cetacean = any member of the cetacean order, including whales, dolphins, or porpoises

Offences (Section 445.2)
 It is an offence for any person to:
  Own, have custody of, or control a cetacean kept in captivity
  Breed or impregnate a cetacean
  Possess or attempt to obtain reproductive materials of cetaceans, including sperm or embryos

Ending of Captivity of Whales and Dolphins Act – Exceptions

Exceptions to Section 445.2
 Paragraph (2)(a) does not apply to a person who:
  Owns, has custody of, or controls a cetacean that was already in captivity when this law came into force and remains continuously in captivity
  Has custody of or controls a cetacean kept in captivity for assistance, care, or rehabilitation following injury or distress
  Is authorized to keep a cetacean in captivity for its welfare under a licence issued by the Lieutenant Governor in Council of a province or another specified provincial authority

Marineland Belugas – Current Situation

Closure
 Marineland permanently closed last year

Beluga Fate
 No solution for the belugas has been found

Legal Context
 Under Criminal Code, belugas can remain at Marineland
 Under PAWS Act, provincial government can seize and care for the belugas

Ending of Captivity of Whales and Dolphins Act – Enforcement Challenges

Enforcement Limitations
 Recall Martin’s Act: laws are only as good as their enforcement
 Laws may need practical implementation frameworks to be effective

Marineland Case
 Illustrates lack of federally mandated relocation plans, timelines, or sanctuary infrastructure limits the Act’s impact on animal welfare

PAWS Act
 Discretionary – gives province power to intervene but no duty to do so

Context
 These laws are still new in Ontario and Canada, showing the growing pains of animal welfare legislation

Ontario Animal Legislation Beyond the PAWS Act

Research Animals
 Covered under the Animals for Research Act (1990)

Other Relevant Legislation
 Food Safety and Quality Act, together with Disposal of Deadstock Regulation and Meat Inspection Regulation
 Livestock Community Sales Act and Regulation
 Horse Racing Licence Act

Veterinary Legislation
 Veterinarians Act replaced by Veterinary Professionals Act in 2024

Security and Food Safety
 Bill-156: Security from Trespass and Protecting Food Safety Act
 Several provisions struck down by Ontario Superior Court in 2024

Purpose of the Security from Trespass and Protecting Food Safety Act – Balancing Issues

Purpose
 Protect facilities against disruptions
 Ensure biosecurity
 Mitigate public health risks

Challenges
 Difficult to balance enforcement with free speech rights under the Canadian Charter of Rights and Freedoms

Limitations to Animal Welfare Legislation

Key Principles
 Laws must be effective, enforceable, and economically feasible (Mench et al. 2008)
 Long transition periods can help facilitate implementation
 Enforcement costs must be covered by government, producers, or consumers (Knierim et al. 2011)

Other Initiatives
 More flexibility with higher or more specific standards
 Marketing using labels
 Higher price point for consumers
 These initiatives do not require balancing different societal goods