OTTAWA – National animal law organization Animal Justice is applauding Parliament for passing Bill S-203, historic legislation that bans keeping whales and dolphins in captivity. The House of Commons voted in favour of the bill at third reading today. “This is a watershed moment for whales and dolphins, and powerful recognition that our country no… Read more » Animal Justice
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In November 2016, Animal Justice filed complaints with authorities over a misleading ad campaign that suggested that consuming of dairy is essential for human health. The ads, sponsored by the Dairy Farmers of Canada, were crafted to appear as public health announcements by several health organizations, including the Heart and Stroke Foundation, Osteoperosis Canada, and Colorectal Cancer Association of Canada. Disturbingly, the ads told Canadians to consume dairy to prevent osteoporosis, colorectal cancer, and hypertension.
According to Dietitians of Canada, it is not necessary to consume fluid cow’s milk, yogurt, or cheese to avoid colorectal cancer, osteoporosis, or heart disease. On the contrary, Dietitians of Canada states that a vegan diet, without dairy, “has many health benefits including lower rates of obesity, heart disease, high blood pressure, high blood cholesterol, type 2 diabetes and certain types of cancer.”
Dr. Walter Willet, Chair of Harvard’s Department of Nutrition and Professor of Medicine at Harvard Medical School, observes that high dairy intake is not beneficial and may even be harmful. According to Dr. Willet, high dairy consumption is associated with increased risk of prostate and ovarian cancer.
Animal Justice filed false advertising complaints with the Competition Bureau and the Canadian Food Inspection Agency (CFIA)—which are responsible for protecting consumers from fake marketing. Food ads must be truthful so consumers can avoid food fraud and make informed choices.
Last year, the Competition Bureau—the federal consumer protection agency—opened an inquiry into the false ads. However, Animal Justice just received bad news—the Commissioner of Competition dropped the inquiry.
Laws protecting farmed animals in Canada are weak or often don’t exist in the first place. Even when laws offer some protections to animals, they are badly under-enforced. That’s why Animal Justice lawyers get creative to protect animals. We use false advertising laws to crack down on the meat, dairy, and egg industries. We’re dismayed that our legal complaints have not resulted in justice.
But we’re not ready to give up. Next, we’ll file requests under freedom of information legislation to find out why authorities fail to act. As long as farmed animals are confined in appalling conditions and food companies get away with lying about their products, we will use whatever legal tools are available to fight for animals.
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Supreme Court of B.C. Grants Animal Justice & Zoocheck Leave to Intervene in Vancouver Aquarium Lawsuit
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.
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:
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