The Alberta Court of Appeal (“the Court”) in R v Sanaee, 2015 ABCA 224 provides guidance to trial courts in assessing the elements of the animal cruelty offences under the Criminal Code, RSC, 1985, c C-46, and interpreting them in light of the protection of animals and the way we see them in society. The […]
Just a couple of weeks ago, on September 27th 2016, Montreal’s Society for the Prevention of Cruelty to Animals (the “SPCA”) filed a motion to the Superior Court of Quebec in Montreal, asking the Court to stay Montreal’s new by-law targeting “pit bull-type” dogs. The motion was filed just hours after the by-law was passed […]
On November 9, 2015, in assessing the scope of the prohibition on bestiality under s. 160 of the Criminal Code, RSC 1985, c C-46 in Her Majesty the Queen v DLW, the Supreme Court of Canada was asked, for what is believed to be the first time in Canadian history, to consider a piece of legislation […]
At first glance, the Supreme Court of British Columbia (“BCSC”) and British Columbia Court of Appeal (“BCCA”) decisions in R v DLW appear to focus only on uncovering the true meaning of the term “bestiality.” However, as you dig deeper, the principal issue of animal welfare begins to take on a prominent role in these […]
On December 4, 2014, five judges of the Appellate Division of the New York Supreme Court, Third Judicial Department, delivered judgment on a rather unusual matter. In The Nonhuman Rights Project v Lavery, 518336 (NY App Div), the court had to consider whether a captive chimpanzee could be considered a legal "person" entitled to a habeas corpus proceeding. […]
On December 9, 2012, social media was ablaze with reports of a small monkey in a winter coat and diaper, wandering around an Ikea parking lot, apparently looking for its owners. The “Ikea Monkey”, as the animal was later dubbed, entered the furniture store and was subsequently picked up by Toronto Animal Services. Darwin the […]
Last week, TheCourt.ca glossed a case heard at the Alberta Court of Appeal, which essentially blocks animal activists from seeking a court declaration that the City of Edmonton is mistreating Lucy, the lone elephant in the zoo. Justice Slatter, with Justice Costigan concurring, penned the reasons for judgment of the majority of the bench. The […]
Lucy, a thirty-six-year old Asian elephant in the Edmonton zoo, is loved by everyone from William Shatner to Margaret Atwood. For the last few months, Lucy has found herself embroiled in a legal battle in the province of Alberta. Much to the chagrin of her famous friends, animal rights activists and animal lovers, the Court […]