Welcome, visitor! [ Register | Login


rentwithpetscanada


Post Free Listing

Supreme Court of B.C. Grants Animal Justice & Zoocheck Leave to Intervene in Vancouver Aquarium Lawsuit

Animal Justice September 11, 2017

VANCOUVER – The Supreme Court of British Columbia has granted Animal Justice and Zoocheck leave to intervene intervene in the Vancouver Aquarium’s lawsuit against the Vancouver Park Board. The two organizations argued in court for the ability to intervene on Friday, September 8 with the favourable decision coming down late in the day.

The Aquarium is seeking to strike down the Park Board bylaw banning the Aquarium from confining whales, dolphins, and porpoises in its facility in Stanley Park. Animal Justice and Zoocheck will focus on dismantling the Aquarium’s troubling legal argument that confining cetaceans is a form of expression protected under section 2(b) of the Canadian Charter of Rights and Freedoms.

If confining animals for entertainment is found to be a constitutionally-protected form of expression, there could be drastic consequences for animals. It would become difficult, if not impossible, to pass laws protecting animals from being confined as those laws would be vulnerable to legal challenge.

“The Aquarium’s freedom of expression claim in this disturbing lawsuit could permanently undermine animal protection laws right across Canada,” said Camille Labchuk, lawyer and executive director of Animal Justice. “Animal Justice and Zoocheck are pleased the court has recognized that our perspective, on behalf of animals, must be heard. We will argue in court to protect whales and dolphins, and other animals across the country, from the suffering they endure in captivity.”

Animal Justice and Zoocheck will submit to the court that confining cetaceans should not be considered ‘expression’. The organizations rely on well-established case law stating that expression that is violent or is connected with violence is not protected by section 2(b) of the Charter. Capturing and confining whales and dolphins are forms of violence, in that they involve the coercion and involuntary captivity of living beings who have complex thought, the ability to suffer, and the capacity for self-determination. Confining cetaceans has been shown to cause significant physical and psychological harm to them.

Animal Justice is a national animal law non-profit that leads the legal fight for animals in Canada. Zoocheck is a Canadian-based international charity that works to protect wild animals in captivity and in the wild. Animal Justice and Zoocheck are represented by lawyers Arden Beddoes of Farris Vaughan Wills & Murphy LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

-30-

The Animal Justice and Zoocheck application to intervene can be downloaded here.

The Aquarium’s petition can be downloaded here.

The Parks Board’s response to the petition can be downloaded here.

For more information, contact:

Camille Labchuk
Executive Director
camille@animaljustice.ca

 

Animal Justice

Sponsored Links

  • Evie

    by on May 4, 2018 - 0 Comments

    I've had a crazy week. I was picked up by some SCARS volunteers during a Spay Neuter Return pick up. You see, I was a stray that some nice people were feeding and trying to care for but I was not eating and refused to come inside so they asked for help. The SCARS volunteers Second Chance Animal Rescue Society

  • Loki (formerly Trip)

    by on May 4, 2018 - 0 Comments

    Hi, SCARS! I adopted Legolas through SCARS five years ago, and there hasn’t been a dull moment since!  Last month we added Trip (now Loki) to the family. Lego is very excited to have someone to play with now, and he and Loki are having a lot of fun together! I’m so grateful to SCARS Second Chance Animal Rescue Society

  • Jade’s Story

    by on April 29, 2018 - 0 Comments

    Just look at my fat little babies!! They are a pretty amazing crew that almost didn’t happen! You see, I was hit by a car just days before they were born and by some absolute miracle they weren’t harmed. I can’t quite say the same about myself. Though nothing is broken, I will need more Second Chance Animal Rescue Society

  • Max (Formerly Bullet)

    by on May 8, 2018 - 0 Comments

    Hi SCARS! We wanted to give you an update on Max (formerly Bullet). We celebrated his 1st birthday today and his 3 month anniversary of being with us. He is the perfect addition! He loves to cuddling and going for walks. He could entertain himself with his Kong for hours and has a blast running Second Chance Animal Rescue Society

  • Animal Justice Will Intervene in Lawsuit Challenging Ontario Animal Protection Laws

    by on April 23, 2018 - 0 Comments

    PERTH—National animal law non-profit Animal Justice has been granted intervener status in a lawsuit that attempts to strike down key aspects of provincial animal welfare laws and their enforcement. The case, Bogaerts v. Attorney General of Ontario, is a constitutional challenge to Ontario’s provincial animal welfare legislation and its enforcement. Specifically, the applicant is asking the court... Read more » Animal Justice

Article Categories

Article Archives

Who's Online

  • 0 Members.
  • 3 Guests.