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Vancouver Transit Police Target Animal Activist for Showing Slaughterhouse Footage

Animal Justice March 16, 2018

TransLink Transit Police in Vancouver have ticketed an animal advocate for spreading awareness of animal cruelty by showing farm and slaughterhouse footage to passersby on the street.

Jeff Rigear is a former undercover investigator on Canadian farms who now runs TV Outreach for Animals. Mr. Rigear sets up a 42-inch television screen on busy streets in Vancouver, and plays video footage exposing brutal conditions inside modern farms and slaughterhouses. He hands out leaflets and speaks with pedestrians about veganism to inspire personal dietary change and help save farmed animals from unimaginable suffering.

Mr. Rigear was recently approached by several transit police officers while doing outreach near a transit station. According to a letter filed by a lawyer for Mr. Rigear, the conduct of the officers was “extremely disturbing”. They rudely accused him of enjoying the slaughterhouse video, then told him repeatedly that they did not like his footage. Disturbingly, one officer suggested that he should “just smash [the] TV”.

The officers then had a lengthy discussion about how they could charge Mr. Rigear, and which laws they could accuse him of violating. They eventually issued him a ticket for soliciting transit users. However, the law is clear that soliciting requires an attempt to get money or other items of value from a person. Mr. Rigear was not asking for money—he was distributing information, and engaged in his constitutional right to express his views on animal cruelty, which is an important topic of intense public and social interest.

Animal Justice is concerned by this apparent attempt by TransLink Transit Police to target an animal advocate for his views. Animals have no rights of their own, which is why we regularly fight to protect the rights of advocates like Mr. Rigear who are targeted by law enforcement while engaged in lawful activities.

We will continue to monitor this case as it proceeds through the court system.

 

 

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Vancouver Aquarium Drops Copyright Lawsuit Against Filmmaker

Animal Justice March 8, 2018

VANCOUVER – The Vancouver Aquarium has dropped its copyright lawsuit against filmmaker Gary Charbonneau. The Aquarium filed a notice of discontinuance in the case this week, shortly before CEO John Nightingale was set to be cross-examined by counsel for Mr. Charbonneau.

The Aquarium first filed the copyright infringement lawsuit against Mr. Charbonneau in 2016 over his documentary Vancouver Aquarium Uncovered, which exposed the Aquarium’s cruel practice of confining sentient whales and dolphins in concrete tanks. The lawsuit was deemed a misuse of copyright law by legal experts, designed to suppress public criticism and debate through the court process.

The Aquarium sought to have the entire documentary removed from the internet, and was successful in obtaining a preliminary injunction ordering that certain segments be removed. On appeal, the B.C. Court of Appeal overturned that injunction, emphasizing the importance of Mr. Charbonneau’s freedom of expression.

Animal Justice intervened in the appeal to express concerns that the case could negatively affect the ability of animal advocates to film, expose, and publicize animal cruelty issues across Canada, emboldening secretive animal use industries to file illegitimate copyright lawsuits to silence animal advocates. This could prevent them from investigating, documenting, and exposing hidden animal cruelty.

“I am delighted this frivolous lawsuit has finally been dropped,” said Mr. Charbonneau. “However, I remain troubled by the Aquarium’s aggressive litigation strategy, and I am concerned they will continue to fight losing legal battles at the expense of conservation and rescue.”

“We are glad the Aquarium has finally determined to drop its unmeritorious lawsuit and let the documentary speak for itself, so that Canadians can make their own judgments about the ethics of the Aquarium’s practices,” said Arden Beddoes of Arvay Finlay LLP, counsel to Mr. Charbonneau.

“This lawsuit had disturbing implications for those who investigate, document, and expose animal cruelty,” said Camille Labchuk, a lawyer and executive director of Animal Justice. “The writing is on the wall for the cruel captivity industry, as the public no longer supports keeping sentient animals confined for entertainment.”

The Aquarium also sought judicial review of the Vancouver Park Board’s bylaw banning them from keeping whales and dolphins in Stanley Park. The bylaw was overturned last month, but the Park Board is appealing to the B.C. Court of Appeal.

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The Notice of Discontinuance is available here.

For more information, contact:

Gary Charbonneau
evotioninc@gmail.com

Arden Beddoes
Arvay Finlay LLP
abeddoes@arvayfinlay.ca

Camille Labchuk
Executive Director, Animal Justice
camille@animaljustice.ca

Animal Justice

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B.C. Court Strikes Down Vancouver Aquarium Whale & Dolphin Ban

Animal Justice February 9, 2018

VANCOUVER – National animal law advocacy organization Animal Justice is responding to the decision from the B.C. Supreme Court quashing, in part, a municipal bylaw aimed at preventing whales and dolphins from suffering in captivity at the Vancouver Aquarium.

The Aquarium sought to overturn the Park Board bylaw passed in May, 2017 that bans confining whales, dolphins, and porpoises in Vancouver parks, including the Aquarium in Stanley Park. The Aquarium argued that it had a constitutional right to confine whales and dolphins. Animal Justice and Zoocheck focused on dismantling the Aquarium’s troubling legal claim that confining cetaceans is a form of expression protected under section 2(b) of the Canadian Charter of Rights and Freedoms. The groups argued that confining whales is harmful and violent conduct not deserving of protection.

The Court decided that the anti-captivity bylaw did not apply to the Aquarium because of a licensing agreement signed between the Park Board and the Aquarium in 1999, which runs until 2029. In other words, the case hinged on an issue of contractual interpretation. The Court declined to consider the issue of free expression as it was not necessary to decide the case.

On January 18, 2018 the Aquarium announced that it would stop confining whales and dolphins after public pressure.

“The Aquarium made the disturbing claim that it has a constitutional right to keep sensitive, intelligent marine mammals in tiny tanks, a practice Canadians no longer find acceptable. The Aquarium’s freedom of expression claim could have permanently undermined animal protection laws right across Canada. We are pleased that the Court did not grant this right, and that other governments remain free to pass laws protecting animals.

“Ultimately, the Vancouver Aquarium was already forced last month to end its whale and dolphin captivity program due to public outrage over this cruel and outdated practice. A little over one year ago, there were five whales and dolphins at the Aquarium. Today, only one remains alive. We are pleased that no further vulnerable cetaceans will languish in captive misery at the Aquarium.

“The curtain is closing on whale and dolphin captivity in Canada. Senate Bill S-203, which would ban captivity and captive breeding nation-wide, is moving forward through Parliament, and just this week, the federal government introduced amendments to the Fisheries Act in Bill C-68. The bill includes a ban on capturing cetaceans for confinement and empowers the government to restrict imports of cetaceans into the country. It is clear that whale and dolphin captivity is an archaic, dying practice that will soon be outlawed.”

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 were represented by lawyers Arden Beddoes of Arvay Finlay LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

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The B.C. Supreme Court decision in Ocean Wise Conservation Association v. Vancouver Board of Parks and Recreation 2018 BCSC 196 is available here.

For more information, contact:

Camille Labchuk
Executive Director
613-292-8360
camille@animaljustice

Arden Beddoes
Counsel to Animal Justice
778-873-6493
abeddoes@arvayfinlay.ca

 

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