Court Strikes Down Ontario SPCA Law Enforcement Regime as Unconstitutional

OTTAWA—An Ontario court has struck down the province’s animal protection law enforcement regime, declaring that it is unconstitutional for the Ontario SPCA—as a private charity not subject to reasonable oversight measures—to enforce public animal protection laws. The Superior Court decision was released yesterday in Bogaerts v. Attorney General of Ontario, a constitutional challenge to Ontario’s provincial animal welfare laws and the way they are enforced.

The decision recognized a new principle of fundamental justice, declaring that under section 7 the Charter of Rights and Freedoms, it is unconstitutional for the province to assign police and other investigative powers to a law enforcement agency not subject to reasonable standards of transparency and accountability. The Ontario SPCA is not subject to freedom of information laws or the Police Services Act that apply to other law enforcement bodies.

Animal Justice, a national animal law organizatio…

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