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Animal Justice Lawyers In Court for Legal Challenge Ontario Animal Protection Laws

Animal Justice May 16, 2018

Media Advisory

PERTH—National animal law non-profit Animal Justice will intervene today in a legal challenge that seeks to strike down key aspects of Ontario’s animal welfare laws and the way they are enforced.

The case, Bogaerts v. Attorney General of Ontario, is a constitutional challenge to Ontario’s provincial animal welfare legislation and enforcement. Specifically, the applicant is asking the court to rule that:

  • granting police powers to the Ontario SPCA, a private charity, violates the Charter of Rights and Freedoms because the Ontario SPCA is not subject to transparency, oversight, and accountability measures that apply to other law enforcement bodies;
  • search and seizure powers used to protect animals and investigate animal welfare offences are too broad and violate the Charter; and
  • provincial animal protection offences are truly criminal in nature and fall outside provincial jurisdiction, thus unconstitutionally intruding on the federal criminal law power.

“Animal protection laws are unacceptably weak as is, and often under-enforced and under-prosecuted,” said lawyer Camille Labchuk, executive director of Animal Justice. “This constitutional challenge raises important policy questions about whether the current private enforcement model is still appropriate in the 21st century. It could have national consequences, potentially affecting the validity of animal protection laws and enforcement in other provinces. Animal Justice will be in court to make sure that what’s best for animals is front and centre in this case.”

Animal Justice will argue that animals must be protected to the maximum extent possible under the law. To that end, Animal Justice shares many of the applicant’s concerns over the transparency, oversight, and accountability of animal law enforcement. However, Animal Justice believes that broad search and seizure powers are particularly important in the unique context of protecting animals, who are often kept behind closed doors and cannot report illegal abuse themselves.

The case will be heard today, Wednesday, May 16, at 10 am in the Superior Court of Justice in Perth, Ontario. Animal Justice is represented by lawyers Arden Beddoes of Arvay Finlay LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

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More information about Bogaerts v Attorney General of Ontario, including Animal Justice’s factum, is available on a website maintained by the applicant, found here.

For more information, contact:

Camille Labchuk
Executive Director
camille@animaljustice.ca

Animal Justice

37 total views, 1 today

Animal Justice Will Intervene in Lawsuit Challenging Ontario Animal Protection Laws

Animal Justice April 23, 2018

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 to rule that:

  • granting police powers to the Ontario SPCA, a private charity, violates the Charter of Rights and Freedoms because the Ontario SPCA is not subject to transparency, oversight, and accountability measures that apply to other law enforcement agencies;
  • search and seizure powers used to protect animals and investigate animal welfare offences are too broad, violate the Charter, and should be struck down; and
  • animal protection offences in provincial law are criminal in nature and fall outside provincial powers, thus unlawfully intruding on federal jurisdiction.

“This case could weaken protections for millions of animals in Ontario—not just family pets like cats and dogs, but also animals confined in farms, fur farms, zoos, and aquariums,” said Camille Labchuk, lawyer and executive director of Animal Justice. “It could also have national ramifications, potentially affecting the validity of animal protection laws and enforcement in other provinces. Animal Justice will be there to ensure the animals and their interests are represented in court.”

Animal Justice will argue that animals must be protected to the maximum extent possible under the law. To that end, Animal Justice shares many of the applicant’s concerns over the transparency, oversight, and accountability of animal law enforcement. However, Animal Justice believes that broad search and seizure powers are necessary in the unique context of protecting animals, who are often kept behind closed doors and cannot report illegal abuse themselves.

The case is scheduled to be heard in the Superior Court of Justice in Perth, Ontario on Wednesday, May 16. Animal Justice is represented by lawyers Arden Beddoes of Arvay Finlay LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

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More information about Bogaerts v Attorney General of Ontario is available on a website maintained by the applicant, found here.

For more information, contact:

Camille Labchuk
Executive Director
camille@animaljustice.ca

 

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Animal Justice Seeks to Intervene in Legal Challenge to Ontario Animal Protection Laws

Animal Justice April 19, 2018

Media Advisory

PERTH, Ontario—National animal law non-profit Animal Justice will ask an Ontario court tomorrow for permission to intervene in a lawsuit that attempts to strike down key aspects of provincial animal welfare laws.

Where: Superior Court of Justice, 43 Drummond Street East, Perth, Ontario
When: Friday, April 20th, 10 am
Who: Animal Justice, represented by executive director Camille Labchuk

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 to rule that:

  • granting police powers to the Ontario SPCA, a private charity, violates the Charter of Rights and Freedoms because the Ontario SPCA is not subject to transparency, oversight, and accountability measures that apply to other law enforcement agencies;
  • search and seizure powers used to protect animals and investigate animal welfare offences are too broad, violate the Charter, and should be struck down; and
  • animal protection offences in provincial law are criminal in nature and fall outside provincial powers, thus unlawfully intruding on federal jurisdiction.

Animal Justice is seeking to intervene because the case has wide-ranging implications for the millions of animals in Ontario confined in farms, fur farms, zoos, and aquariums. The case could also have national ramifications, potentially affecting the validity of animal protection laws and enforcement in other provinces.

If granted leave to intervene, Animal Justice will argue that animals must be protected to the maximum extent possible under the law. To that end, Animal Justice shares many of the applicant’s concerns oger the transparency, oversight, and accountability of animal law enforcement. However, Animal Justice believes that broad search and seizure powers are necessary in the unique context of protecting animals, who are often kept behind closed doors and cannot report illegal abuse themselves.

Animal Justice is represented by lawyers Arden Beddoes of Arvay Finlay LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP. Animal Justice’s executive director Camille Labchuk will appear in court tomorrow on behalf of the organization.

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More information about Bogaerts v Attorney General of Ontario is available on a website maintained by the applicant, found here.

Animal Justice’s application to intervene is available upon request.

For more information, contact:

Camille Labchuk
Executive Director
camille@animaljustice.ca

Animal Justice

46 total views, 0 today

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