Note: Last program update completed 24 August 2008. Other Statutes and Regulations referred to in program may not be regularly updated.
B. Court Cases (Canlii-searched as noted)
C. Proof-Reading (Text, External Links, Form Links and Miscellaneous)
====================== Misc Author Notes
- once Bill 50 is integrated, consider merging this with the Crim Cruelty Guide into one big 'Animal Law (Ontario) Guide' as then themes will be common [linkage should be easy]
- this Guide needs a 'cases considered'
-------------------- 1. a Bill 50/OSPCAA Guide
. An (old) QL all-Canada all-courts search on 'animal welfare' produced 111 cases and an (old) QL all-Canada all-courts search on 'animal cruelty' produced 44 cases; Re-do this in Canlii, electing and allocating for all the Guides
. afterwards, review both /Dog&Cat and /Cruelty to annotate as to the OSPCAA effect, both substantive and procedural CCC cruelty enforcement
-------------------- possible chapter structure
Animal Welfare Law (Ontario)
1. Overview [do last]
X. Welfare Duties of Owners, Custodians and Care-Givers
X. Prohibitions Against Harm, Distress etc
X. Exempt Human Activities [do 2nd last]
X. The OSPCA
X. OSPCA 'Police' Powers
-------------------- Reg 62/09 thoughts
. the best interpretation of 62/09 is that it exempts persons 'hunting' in respect of the following activities: ZOOS, pet reptiles and amphibs, falconers, hunting dog trials using captive wildlife, wildife rehab, and killing escaped captive wildlife [all the 'Wildlife in Captivity' categories].
Reg 62/09 - Exemptions
[current to 03 March 2009]
1. Subsections 11.2 (1) and (2) of the Act do not apply to,
(a) persons who are hunting as permitted under the Fish and
Wildlife Conservation Act, 1997, other than as described
in clause 11.2 (6) (a) of the Act; or
----------------- hmmm -------------------------
[remember how broad the definition of hunting is
(chasing, pursuing, shooting at, etc): as 11.2(6)(a)
exempted ALL ACTIVITIES (hunting plus) respecting
'wildlife in the wild', the above Reg exemption seems
limited to PERSONS engaged in hunting wildlife NOT in the
wild; so this is:
. canned wildlife hunts?
. domestic animal 'hunting'
. Small Animal control!! or
. maybe FWCA-exempted conservation officer under s.95
FWCA or generally by reg under s.112(54)(55)
The best interpretation may be focussed on "wildlife in
captivity", which has its own Reg [668/98] re ZOOS, pet
reptiles and amphibs, falconers, hunting dog trials
using captive wildlife, wildife rehab, and killing
escaped captive wildlife as per Act s.46(3)(b).
* SOOOO - while 'permitted ACTIVITIES' (hunting and
management) respecting wildlife IN THE WILD' are
11.2(1,2) exempt [11.2(6)(a)], the only PERSONS who are
exempted as such are those dealing with wildlife in
captivity [Reg 62/09, s.1(a)]. So classic hunters and
wildlife in-the-wild 'managers' as such are NOT exempt
as such, although their activities are.
Sounds like a blanket 'distress' exemption for wildlife
in captivity people, though they are still subject to
the 11.1 owner/custodial/care duties. This leaves
'strangers' with no distress duties to wildlife in
captivity or escapees [might want to leave this last
sentence out, it justs takes the analysis too far for
people to follow].
This makes s.1(a) of the Reg VERY deceptive, as it looks
like classic hunters are exempt as such.
(b) persons who permit hunting as described in clause (a).
O. Reg. 62/09, s. 1.
2. Omitted (provides for coming into force of provisions of
================================================== ALL Guide Amending
- integrate Ferguson v Birchmount Boarding Kennels (Div Ct, 2006) re bailment of animal and ownership
================================================== /Dog & Cat Amending
- general updating re statregs and cases
- City of Toronto Act ss.106-107; also check for Mun/A counterparts re impounding and muzzling of dogs
- Cochrane updating; also Huggins (CA, 2010)
- using the SPPA to require more administrative procedural rights to a pit bull seizure and euth case)
- add HP&PA provisions to /dogcat
=================================================== /Cruelty Amending
- check CCC 322(5) re property in wild animals once held; in fact do a few key words searches on all the CCC [animal/cat/dog/wild/etc]
========================= Cases to Consider
- federal Health of Animals Act: R. v. Maple Lodge Farms, 2014 ONCJ 212 (CanLII) (sentencing reasons)
- FLAP case! Podolsky v. Cadillac Fairview Corp. Ltd. et al., 2012 ONCJ 545 (CanLII)
- very important re 'non-penal' nature of OSPCAA: Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2014 ONSC 3345 (CanLII)
- Walmer v Wolch (Div Ct, 2003), although a L&T case addresses 'civil use of the Crim Code' idea but in the context of the L&T Board applying the HRC
- cases on animal welfare as charitable activity:
. Re Smith Estate (BCCA, 1953)
. Granfield Estate v Jackson (BCSC, 1999)
- Birdsall v Merritt
. 'neighbour's remedies' Guide (combine with general nuisance Guide re noise, smells, leaks, etc)