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LAW to Change its Name
January 23, 2012
London, Ontario Passes Shark Fin Ban
London has become the latest Ontario city to approve a ban on shark fin products. City council voted 14-0 in favour of the move on Monday night. City staff will draft a bylaw to implement the ban. Experts estimate 75 to 100 million sharks are killed for their fins every year. The fins are used for such items as shark fin soup. Toronto, Mississauga, Oakville and Brantford have also approved similar bans.
Read the entire article at: http://www.brandonsun.com/lifestyles/breaking-news/city-council-in-london-ont-votes-14-0-to-approve-ban-on-shark-fin-products-134332038.html?thx=y
Student Takes Vegan Discrimination Claim to Tribunal
The Human Rights Tribunal of Ontario is to decide whether ethical veganism is a creed, as protected by anti-discrimination laws, in the case of a Ryerson University master’s student in social work who claims senior faculty “sabotaged” her career because of her moral equivalence of animals and humans.
Sinem Ketenci, 37, who immigrated from Turkey as a young woman and studied at Lakehead University in Thunder Bay before doing a master’s at Ryerson, alleges a senior professor disagreed with her comparison of maltreated animals with marginalized people, said the connection was “very inhuman and racist,” and pressured Ms. Ketenci’s untenured supervisor into withdrawing his recommendation of her PhD candidacy at other schools, which she called an academic “kiss of death.”
Read the full article here: http://news.nationalpost.com/2011/11/08/ryerson-student-take-veganism-discrimination-dispute-to-human-rights-tribunal-of-ontario/
Report Recommends Stable Keepers Act Reform
The Manitoba Law Reform Commission has released a report containing a number of recommended changes that should be made to The Stable Keepers Act.
The Act gives stable keepers the right to claim a lien over animals and effects owned by another person for the value of services provided. Alberta, British Columbia, Saskatchewan and Ontario have similar legislation.
Nova Scotia is currently considering enacting animal keepers’ lien legislation, and the British Columbia and Ontario Acts are due for reform.
The Manitoba Law Reform Commission’s report available for download HERE was released on November 1, 2011 and includes a number of recommendations in respect of the right of animal keepers to claim a lien over animals, and the available remedies.
As it stands, the legislation in each province stipulates that the only measure available to a stable keeper to recover the money owed in debt is for the animal(s) to be sold at public auction, which almost always leads to the animal’s death at a slaughterhouse.
The Manitoba report recommends that a stable keeper should also be given the option to either keep the animal(s) or to sell them privately in order to save their lives.
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
Toronto Bans Shark Fins
October 25, 2011
Toronto City Council today banned the sale, possession and consumption of shark fin within City limits. The ban comes on the heels of similar bans that have recently been passed in Brantford, Oakville and Mississauga. Pickering is currently considering a similar prohibition.
Prior to the passing of the Mississauga and Toronto bans, confusion surrounding the authority of Ontario municipalities to prohibit shark fins threatened to thwart the initiative.
In response, members of Lawyers for Animal Welfare (LAW) provided a legal opinion, advised members of City Council and presented at Committee, educating Councillors that the proposed bylaws were in fact within municipal jurisdiction.
"With the passage of the shark fin ban Toronto City Council has shown that they are not afraid to take progressive action to protect animals and the environment. Council has embraced the maxim "think globally and act locally" by recognizing that cities do not exist in a vacuum," said Nick Wright, Executive Director of Lawyers for Animal Welfare.
Fuelled by the demand for shark fin soup and considered a delicacy in some cultures, shark finning is a widespread practice that occurs when a shark is captured, its fins are sliced off, and the shark is discarded back into the ocean.
Shark finning causes immense pain and suffering, as the sharks are nearly always still alive when their fins are removed. After being tossed back into the ocean without their fins, the live sharks usually suffocate to death. Sharks breathe by having water flow through their gills while swimming, but without fins they are unable to swim and are therefore unable to absorb adequate oxygen. The result is a slow, painful death.
Worldwide, shark finning is a cause of rapidly plummeting shark populations, with some shark species reportedly having been reduced by 80% or more in the past 50 years. The practice is also incredibly wasteful, as only the fins of the shark are used. The rest of the body, worth far less than the fins, is simply thrown away.
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
For more information contact LAW at: info AT lawyersforanimalwelfare.com
Lawyers Agree: Municipalities Can Ban Shark Fins
October 12, 2011
Twelve Ontario lawyers have released an opinion today stating that Ontario municipalities including the City of Toronto has the authority to ban the sale of shark fins and that the ban would be supported by the Courts if challenged.
The opinion, which can be read in full HERE, states that:
"Ontario municipalities have clear authority to ban the sale, possession and consumption of shark fins through their powers to legislate with respect to (a) animals, including their welfare; (b) public health and safety; and (c) consumer protection."
"The courts accord a high degree of deference to municipalities and are unlikely to strike down validly enacted by-laws."
The opinion definitively addresses uncertainties raised by some members of city staff as to whether or not Ontario municipalities have the jurisdiction to implement a ban on shark fins.
Brantford, Ontario became the first Canadian city to ban shark fins when its city council voted unanimously to do so in May 2011. In June 2011 Toronto city Councillors Glenn de Baeremaker, Kristyn Wong-Tam and John Parker put forward a motion to ban the sale and consumption of shark fins in Toronto. The motion was referred to the Licensing and Standards Committee and will be debated on Thursday October 13, 2011 starting at 9:30AM.
Oakville became the third city in Ontario to propose such a ban on July 5, 2011, followed by Mississauga, which directed its staff to report on the viability of a ban on July 6, 2011 and Pickering, which did the same on September 19, 2011.
Fuelled by the demand for shark fin soup and considered a delicacy in some cultures, shark finning is a widespread practice that occurs when a shark is captured, its fins are sliced off, and the shark is discarded back into the ocean.
Shark finning causes immense pain and suffering, as the sharks are nearly always still alive when their fins are removed. After being tossed back into the ocean without their fins, the live sharks usually suffocate to death. Sharks breathe by having water flow through their gills while swimming, but without fins they are unable to swim and are therefore unable to absorb adequate oxygen. The result is a slow, painful death.
Worldwide, shark finning is a cause of rapidly plummeting shark populations, with some shark species reportedly having been reduced by 80% or more in the past 50 years. The practice is also incredibly wasteful, as only the fins of the shark are used. The rest of the body, worth far less than the fins, is simply thrown away.
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
For more information contact LAW at: info AT lawyersforanimalwelfare.com
LAW Featured on Slaw.ca
Lawyers for Animal Welfare (LAW) has been featured on Slaw.ca, Canada's online legal magazine.
The article discusses LAW's table at the 2011 Vegetarian Food Festival in Toronto, LAW's purpose and the upcoming October 3, 2011 Ontario Bar Association animal law event.
To read the full article see: http://www.slaw.ca/2011/09/12/animal-law-and-animal-welfare-group/
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
For more information contact LAW at: info AT lawyersforanimalwelfare.com
CRA Guidance on Animal Welfare for Charities Released
August 29, 2011
Canada Revenue Agency (CRA), the government body that oversees Canadian charities, has released a guidance document to assist charities seeking to engage in animal welfare activities and for those carrying out such activities who seek to register as a charity.
The document can be read on the CRA website HERE. The guidance title is 'Promotion of Animal Welfare and Charitable Registration', the reference number is CG-011 and the effective date is August 19, 2011.
The guidance does not change existing laws or regulations, nor does it reflect a change in policy of the CRA. The guidance is meant to provide assistance to organizations whose objects are to promote animal welfare by providing information about existing law and legal interpretation.
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
For more information contact LAW at: info AT lawyersforanimalwelfare.com
OBA to Hold Inaugural Animal Law Event
August 15, 2011
Members of Lawyers for Animal Welfare (LAW) are scheduled to speak at the upcoming inaugural Ontario Bar Association animal law event. We encourage everyone to register to attend either in person or to watch online. To participate you must register in advance at: http://www.cba.org/pd/details.aspx?id=ON_11ANI1003T
The event is scheduled to take place on Monday, October 3, 2011 at 5:30 pm at the OBA Conference Centre located at 20 Toronto Street, 2nd Floor, Toronto, Ontario.
Once you have registered you can also announce your attendance on our meetup.com page at: http://www.meetup.com/lawmeetup
The event is an opportunity to network and learn from a panel of lawyers and students working in the field of animal law. The field of animal law is growing rapidly in Canada. Animal law has been established and practiced in the United States for decades, and the past few years have been marked by a growing awareness of animal legal issues in Canada. Most Canadian law schools now offer courses in animal law, animal law practitioners have emerged and an increasing number of law students are entering the field. These developments have prompted many to draw comparisons between the present state of animal law, and the state of environmental law 25 years ago. For some lawyers, practicing animal law simply means working with clients who have legal issues relating to animals. Others are drawn to the field by a commitment to protecting animals – beings with few legal protections unable to help themselves. Drawing on a growing body of Canadian case law and legislation relating to animal issues, particularly in Ontario, lawyers practicing animal law are at the forefront of an exciting new field of law. This session will be relevant to various types of civil litigation practice as well as criminal prosecutions and counts towards 2 hours of substantive professional development for members of the Ontario bar.
The agenda and speakers are as follows:
5:30 pm Registration
5:45 pm Vegan Buffet Dinner
6:30 pm – 8:30 pm Program
Program Chair: Nicholas dePencier Wright, LLB, MBA, Campaigner, Humane Society International/Canada and Executive Director, LAW
Speakers:
Peter Sankoff, JD, LLM, Associate Professor, University of Western Ontario, Faculty of Law
Evelyne Kostanska, JD, President, LAW and Fellow, PETA Foundation
Camille Labchuk, President, Student Animal Legal Defense Fund, UofT Chapter and Campaign Manager, LAW
PROGRAM REGISTRATION IS ONLINE at: http://www.cba.org/pd/details.aspx?id=ON_11ANI1003T
Questions? pd@oba.org; Toll Free: 1-800-668-8900
Lawyers for Animal Welfare (LAW) is an incorporated Registered Charity dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws.
Tax deductible donations can be made on the website using credit card or PayPal at: http://www.lawyersforanimalwelfare.com/donate or by contacting the organization to make alternative arrangements.
For more information contact LAW at: info AT lawyersforanimalwelfare.com
"Air Canada may be legally OK not to ship monkeys"
August 9, 2011
CBC
Animal protection groups renewed calls for Air Canada to stop transporting monkeys destined for research labs.
The Humane Society International/Canada and the Animal Alliance of Canada urged the airline Tuesday to cease shipping animals for research, toxicity testing and other laboratory experiments.
In January, international animal protection organizations said Air Canada flew 48 monkeys from breeding farms in China to Quebec as cargo in wooden crates.
In a 1998 ruling, the Canadian Transportation Agency (CTA) ruled in favour of a shipper and against Air Canada when it attempted to refuse live cargo because it was headed to a laboratory.
Now the groups say a legal opinion from Lawyers for Animal Welfare concluded Air Canada is within its rights to reinstate its former policy by changing the wording of its cargo tariff.
"Air Canada has previously refused to ship animals for this purpose, and given the conclusions of our legal analysis and the suffering of the animals involved, we urge the airline to take immediate action to reinstate this policy," Liz White, director of Animal Alliance, said in a statement.
The groups said they submitted a copy of the legal opinion to Air Canada CEO Calin Rovinescu on July 8 requesting a response within 30 days but added they have not received an answer.
Air Canada spokesperson Peter.Fitzpatrick said the airline has no comment to offer on the unsolicited legal opinion.
"While the CTA now says we can change our tariff, you should note that in their ruling the CTA said explicitly that they do not believe that the carriage of monkeys causes annoyance to passengers (which is what determines whether we can discriminate against shippers) and the same test would be applied should we attempt to amend our tariffs," Fitzpatrick said in an email.
"There is nothing to make us believe the CTA would suddenly have a different opinion."
Air Canada is one of a small group of companies that still ships animals for research, according to the British Union for the Abolition of Vivisection (BUAV), a British-based animal protection organization.
Major carriers that do not ship primates for research include British Airways, United Airlines, Virgin Atlantic, Qantas Airways, Delta Airlines and China Airlines, according to the British group's website.
See the full story at: http://www.cbc.ca/news/health/story/2011/08/09/monkeys-air-canada-research.html