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| Victoria Shroff |
The game-changing Jane Goodall Act, Bill S-241 was reintroduced in March 2022 by Sen. Marty Klyne who picked up where retired Sen. Murray Sinclair, left off in 2020. The bill will amend the Criminal Code and the Wild Animal Protection and Regulation of International and Interprovincial Trade Act to give strong protections for captive wildlife, aims to ban new captivity of bears, apes, lions and hundreds of other animals and to ban the domestic trade of ivory, hunting trophies.
Importantly, the bill is moving animals toward a recognition of their sentience in law. Recognition of animals as sentient beings matters for a host of reasons, including animal protection. We are moving the dial from the law categorizing animals as property or something, to someone.
One of the most important facets of the bill is how it addresses reconciliation by including Indigenous perspectives as recognized by the Constitution in both the body of the statute and the preamble. Understanding co-existence of humans, with all life forms on earth in the context of law, science and animal health and welfare is key towards modernizing animal protection in Canada.
Preamble: “Whereas the phrase ‘All My Relations’ expresses an Indigenous understanding that all life forms of Creation are interconnected and interdependent; ... Whereas science, empathy and justice require everyone to respect the biological and ecological characteristics and needs of animals;”
Over 800 species are to be protected, the global wildlife trade is addressed, and several key animal groups are on board. There is a “Noah Clause,” whereby more species may be put on the list in the future. We would see an end to keeping animals as hapless entertainers, exhibits for human amusement. By helping to end the commercial trade in wild animals and understanding the global trafficking of animals in context, Canada would be doing its part to help curb animal cruelty, stop future global pandemics from taking root. This all-encompassing legislation, if passed, would restrict the ownership of over hundreds of wild animals from elephants to reptiles and bring a halt to horrendous “roadside” zoos.
Dr. Jane Goodall was quoted in a press release of Klyne on March 22, 2022: “I am honoured to lend my name to this world-leading legislation that is supported by a wonderful coalition of government, conservationists, animal welfare groups and accredited zoos. Together we can and will provide a voice for those who cannot speak for themselves and put an end to the misery that is wildlife trafficking.”
Aside from Goodall herself, a broad coalition of supporters are rooting for this bill to pass. We at the Canadian Animal Law Study Group, having over 30 lawyers and academic members coast to coast, have provided our written support for the Jane Goodall Act. Animal groups like Humane Canada, Animal Justice, World Animal Protection and others have voiced their support. Canada’s largest zoos are also on board.
I’m particularly gratified to see that there could be limited standing for some animals. The Criminal Code could be amended to include the designation of one or more provincial animal advocates as appointed by the governor-in-council. These animal advocates would be allowed to apply for court orders, to give a voice in court for the best interests of the animals who could be controlled by an offender.
This is landmark Canadian animal law legislation as I stated when the bill was first brought forward (see pages 340-347 Captive Wildlife of Canadian Animal Law (Lexis-Nexis) 2021, V. Victoria Shroff). The bill should be championed.
Canada’s Jane Goodall Act fits within a larger global trend recognizing the ties between animals, humans, the environment and global health.
United Nations recognizes animal welfare as environmental protection
In early March 2022, for the first time, a resolution was approved with explicit reference to animals and their welfare by the United Nations Environment Assembly (UNEA).
Seven members called on the executive director of the UN Environment Programme to take into account the principles of interconnectivity which forms the basis of One Health, describing how animals live, not in isolation but as part of wider biosphere. “Acknowledging that animal welfare can contribute to addressing environmental challenges, promoting the “One Health” approach and achieving the Sustainable Development Goals. Noting that the health and welfare of animals, sustainable development and the environment are connected to human health and well-being.” (UN resolution March 2, 2022) The animal welfare environmental sustainable development nexus resolution is seen as pioneering for calling on governments to take protective action for animals and the environment. This watershed resolution by one of the world’s top-level decision-making bodies acknowledging the nexus between animal welfare and the environment will echo for years as the UN moves toward sustainable development goals.
Newly passed U.K.’s landmark animal sentience law
The U.K.’s sweeping Animal Welfare (Sentience) Bill recognizing animals as sentient passed this spring. The new legislation essentially enshrines animal sentience into U.K. laws. The far-reaching law classifies many animals including octopuses and squids as well as cephalopod mollusks and decapod crustaceans as sentient, establishes an Animal Sentience Committee that will report on animal welfare impacts of governmental policies and mandates that the government must respond to the committee’s reports.
For further details on animal sentience laws, please see Recognizing animals in Canada as sentient — Why we must move on from defining animals in legal terms as property.
Happy the elephant in the USA; elephants are not things
In May 2022 the New York Court of Appeals will hear arguments in the Non Human Rights Project case for their client, Happy the zoo elephant. This landmark case has been referred to by The Atlantic as “the most important animal-rights case of the 21st century.” The high-profile litigation challenges the idea of elephants as things with an aim to free Happy to a sanctuary. See New York’s Highest Court Schedules Arguments in Elephant Rights Case. Please also see: Thunderous step: High court to hear Happy the elephant’s habeas corpus case.
Ecuador recognizes legal rights of individual wild animals — rights of nature, rights of animals, interconnected
Animal rights, protections and environmental law converged in 2022 to grant legal rights to wild animals in Ecuador. Estrellita, a wild woolly monkey, lived as a family pet for 18 years after she was taken from the forest at a young age. Estrellita learned how to communicate with the family through sound and gestures. She was then taken by authorities and moved to a zoo where she died within about a month. Estrellita’s former owner Burbano Proano filed a case in court for the monkey’s return.
Cognitive complexity was cited in the case to argue that Estrellita “should at minimum possess the right to bodily liberty” and the “environmental authority should have protected Estrellita’s rights by examining her specific circumstances before placing her in the zoo.” The high court found that Estrellita’s rights were violated. This ruling was rooted in rights of nature constitutional laws elevating the status of animals above property. Importantly the rights of the animals emanate from their own intrinsic worth and not just from their use to humans.
There is a global shift starting in law as we tilt toward recognizing animals as sentient and honour the interconnections of animals and the environment.
(If readers would like to learn more about animal law, they may attend B.C.’s inaugural Animal Law Conference on April 12 online. We’ve got Chief Judge Melissa Gillespie as our featured speaker along with B.C. animal law luminaries like professor Maneesha Deckha and others. Registration Information here. One-minute course video here. Free registration for law students worldwide.)
V. Victoria Shroff is one of the first and longest serving animal law practitioners in Canada. She has been practising animal law for over 20 years in Vancouver at Shroff and Associates and she is adjunct professor of animal law at UBC’s Allard School of Law and Capilano University. She is recognized locally and internationally as an animal law expert and is frequently interviewed by media. Her new book, Canadian Animal Law is now available at LexisNexis Canada store. Reach her at shroffandassociates@gmail.com, @shroffanimallaw or LinkedIn.
Photo credit / ayutaka ISTOCKPHOTO.COM
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