Categories
News/Blog

Podcast: Captivity laws and practices in Canada

Wild and exotic animals in captivity are confined to spaces thousands of times smaller than their natural home ranges.

Deprived of the ability to exhibit their natural behaviours, many can be seen pacing, licking the bars of their cage, huddling in corners, and languishing in boredom. In this month’s episode of The Informed Animal Ally’s series on animal cruelty, animal advocate, award-winning writer, and Zoocheck founder Rob Laidlaw joins the Vancouver Humane Society’s Amy Morris and Chantelle Archambault to discuss the issues wild animals face in captivity and what can be done to help them.

Take quick action for animals in captivity

Note: This written interview has been edited for length.

Founder of Zoocheck

Rob has spent more than 40 years working to protect the interests and well-being of animals in Canada and around the world. He is a chartered biologist, founder of the wildlife protection organization Zoocheck, an award-winning author and a winner of the Frederic A. McGrand Lifetime Achievement Award for substantial contributions to animal welfare in Canada.

History of animal advocacy

Amy: Could you share a little bit of your background working with the wildlife and what drew you to this?

Rob: It’s a bit of a long story, but I’ll try to give you the abbreviated version.

When I was a child in public school, I was always the kid that read every book in the library on animals, on conservation, on nature, and all related subject matter. That was sort of the first manifestation of my interest in animals. That dates back as far as I can remember.

I also did something else. I started writing letters. I’d read in some of these books and other materials about these organizations, most of them in Europe, like Beauty Without Cruelty and Compassion in World Farming; some of the groups that have been around for decades and decades. I would write away to them for information about animal issues. I did this for a number of years and continued reading. My interest in animals grew and grew and grew, and I’m also very interested in science.

Then I went to see The Animals Film, which was done by a producer out of New York City. It was the first time on film where you had basically a cataloging of images of what humans do to animals, and some of it was absolutely horrific stuff. And if you remember that, you know when that film started showing the internet wasn’t available, so you couldn’t just get on the internet and see all the stuff that you do today. Animals and farms and laboratories and circuses and all those things. This was all new to people and people actually vomited and left the theater that I saw this in. It had a really profound effect on people.

At the end of this film, they had a group called the Northern Animal Liberation League. It’s a UK group that assembled large groups of people, and they would take photos. That kind of action is in the news just recently here in Canada. I thought that was a very compelling call to action for me.

So when I left the theater, I thought, Okay, I know all this stuff. I’ve been writing about it. I’ve read all these books since I was a kid. I’ve got this good base of knowledge, but that doesn’t help. I’ve got to do something.

So I started looking around for something to do, and there were no advocacy groups, except a few very that had been around for many years where the discussion was at the level of, are we gonna have popcorn at the next fundraiser? It wasn’t about issues.

So I started doing my own investigations into animal abuse, not knowing where they would lead. I did a number of different things. I found a few people; we got a lot of exposes in the newspaper.

And then a fellow came up in the early eighties. He was somebody who had done very large mass events for the peace movement throughout the United States, and he had become interested in animals and he was setting up this organization for one purpose: to one year from that point where he held the first meeting in Toronto, to set up and carry out this very large protest for the annual convention of the American Psychological Association. And it was geared towards protesting the use of animals in certain kinds of psychological research.

We built that organization up in Toronto from nothing to 9,000 members in eight months. We had 300 people a month coming for meetings. We ended up doing rallies with 1,000 or 2,000 people.

In 1984, I came across a zoo in Ontario about two hours from Toronto. It was what you would now call a roadside zoo. I didn’t know those things existed, and I had actually bought the propaganda about zoos. I had a discomfort with them, but I thought generally speaking, they were positives. I didn’t know any better.

I visited this zoo and it was horrendous. The animals were living in excrement, literally a metre or two deep. They had been on it so long and they had compacted it into a concrete-like consistency. The cages looked like they had been banged up by a bunch of kids over the weekend who got scrap materials from the dump. It was a horror story.

I inquired at the admission booth when I left about one particular animal, which was a juvenile black bear that was chained by the neck in a small cage. And I said, “Why is that bear in that circumstance?” And they said, “Oh, don’t worry, it’s just temporary. He’s going down the road to another facility.” Well, I said, “Okay, great.” At least it’s temporary.

I visited the zoo he was going to after I left, and it was worse.

And I thought, I really have to do something about this. I don’t care how long it takes, I’m gonna do it.

I thought naively that what I saw at both those facilities were anomalous. Maybe it had been a situation where thousands of people went there, but everybody thought everybody else had complained when nobody had complained. It was that kind of maybe a weird scenario where it somehow, Didn’t get on the radar of the right people.

I was wrong. I found out that places like that were completely unregulated. Nobody knew what was in them. Nobody knew how many there were or anything else.

My initial estimate of trying to tackle this and deal with it was 18 months. It’s 38 years later now.

I never ever dreamed that it would go beyond roadside zoos in Ontario. Now there’s been projects right across the country in the United States, in Europe, Japan, Pakistan, lots of different activities and an expansion into other areas; particularly in Canada into wildlife management issues.

I’m very stubborn. You know, I’m not an Einstein. I don’t have the money of Bill Gates, but the one thing I think I do have in me is tenacity. I’m gonna stick with this until it’s done. And I can honestly say that from that point way back in the old days, that the landscape of wildlife in captivity issues in Canada is now profoundly different.

I’m not saying it’s all because of me or people I’ve been associated with, but we’ve been there the whole time and we’ve had a finger sort of in most of those pieces of the pie doing things and in helping to do things that are effective. So I think that it was probably a good thing to have that trait in me to never give up.

The other thing that goes along with it is I hate to lose. I remember in the early days many of the zoo people would say, “This won’t change. You’ll be gone long before anything ever changes.” And I thought, No, that’s not the case at all. You’ve got to go into these things believing you can win.

It’s been a long, interesting journey. I’ve met a lot of fantastic people, great activists, seeing what’s going on all over the world. I’m not stopping any time soon.

Animal captivity in Canada

Amy: You mentioned like a few different ways that you’ve encountered wildlife and worked on issues such as roadside zoos, and zoos and aquariums in general. What are some of the other ways that wildlife are kept in captivity in Canada and for what reasons?

Rob: Wildlife are kept for a variety of reasons, but there’s a few that that I encounter most frequently. There are other uses of wild animals that I don’t encounter that frequently.

  • Bait industry
  • Research
  • Circuses
  • Novelty acts
  • Public display
  • Exotic pets
  • Mobile zoos
  • Sanctuaries & rescues
  • Government facilities
  • Specialist exhibits

Bait industry

Rob: One example being the bait industry. You know, there is a huge number of animals that are wild species that are used in the bait industry for fishing.

Research

Rob: There are wild animals that are in some laboratories and wild animals that are in a variety of activities, or businesses, or industries.

Entertainment

Rob: But where I encounter them the most is in entertainment.

By entertainment, I would include not only, traditional things that people would think of as entertainment, like circuses and novelty acts, but I would also include public display facilities as well. There’s a big chunk of wildlife that are held and used by entertainment institutions, businesses, and individuals.

Exotic pets

Rob: There are also very significant numbers keeping animals for personal amusement as exotic pets. A lot of people don’t realize that if they have a bird in their house or if they have a reptile in their house, that’s a wild animal. That’s not a domesticated animal. I would say the same for probably the vast majority of fishes as well.

If you include all the individuals that that represents, fishes, amphibians, reptiles, birds, and invertebrates, you have huge numbers of wild animals that are here in Canada.

We have a [wildlife trade] industry here in Canada that’s risen in the last 15 years or so quite considerably due to the fact that everybody can have a laptop. You can build a website in a couple of hours and you can acquire wild animals, whether large or small in a few hours as well, sometimes for next to nothing.

Mobile zoos

Rob: And that’s the educational programs in mobile zoos. That’s a whole industry that often has arisen from a hobby or somebody keeping animals for personal amusement into a part-time business. There are some full-time professional businesses that do this as well.

We didn’t see much of that 25 years ago. It hardly existed at all. But now, in Southern Ontario alone, we know of 85.

There’s more across the country. So that’s somewhere else where that we see wild animals in captivity.

Sanctuaries & rescues

Rob: There are other types of facilities that are not public display facilities, namely sanctuaries and rescue centers. There are a number of them that keep wildlife in captivity.

Government facilities

Rob: In Canada, there are some government facilities that keep seals and other animals, small numbers of them for various reasons.

Specialist exhibits

Rob: There are insect zoos in various parts of the country and a lot of these specialist types of exhibits.

When you look at what’s out there in Canada in terms of wild animals in captivity, it’s largely off the radar of most people and generally most policy makers too. But the numbers out there are not inconsequential. If you include exotic pets, there are probably millions of individuals out there that need help.

Needs of animals in captivity

African penguins huddle around the door of their small enclosure at the Vancouver Aquarium.

Amy: When you say help, what are the biggest challenges with housing wildlife and exotic wildlife, and what are some examples of animals in Canada that are suffering right now under the current laws that we have?

Rob: The first part of your question, what are the problems with with animals? What do they face? It’s difficult to pinpoint one problem because they exist on a continuum from rather minor to very serious.

Usually when you encounter an animal, it’s facing a lot of problems. But I tried to a number of years ago, figure out a way of articulating what animals need; to get people to understand when they’re looking at an animal, what’s deficient in that animal’s life, regardless of the context in which that animal is.

It was partially spurred on by me writing kids’ books. I had to go out and talk to children for the first time in my life. That started in 2009 and I had to be able to tell them, even if they were four or five years old, what do these animals need? What are they going through?

They understood that they needed food, water, shelter. You know, the basic biological needs, the things that they were doing, eating breakfast. They could relate to those things. Even if they were four or five years old, they would get it. But I thought, Okay, what about all those other quality of life areas that are vital to the health and welfare of animals?

I came up with four, and I think they’re scientifically defensible. What I ask people to do when they think of animals in captivity is, think of these four things, understanding, of course, that they need those other things that allow them to function biologically.

Those four things are:

  • Space
  • Freedom
  • Social context
  • Activity/stimulation

Space

Rob: I think that when you look at animals in captivity, wildlife in captivity but also animals in other situations, whether it’s agriculture or laboratories or whatever you see, that they are typically inhabiting spaces that are orders of magnitude smaller than the smallest home ranges that species would ever experience in the wild.

So sometimes that can be hundreds, thousands, millions, or tens of millions of times smaller than what that animal would experience in the wild.

I’ll give you an example. If you look at polar bears, which are the widest ranging terrestrial carnivore on the planet, they can inhabit territories ranging up to about 599,000 square kilometres. Pretty much equivalent to the entire province of Manitoba. If they’re pack ice bears and the pack ice floats around, that’s basically the space the more nomadic individuals inhabit at the lower end of the scale.

The Beaufort Sea Coastal Bears, some of them have home ranges measuring about 2,000-2,400 square kilometres.

The biggest polar bear exhibit in the world is more than 4 million times smaller than the smallest known home for polar bears in the wild.

If you look right across the continuum of species, from mammals to birds, to reptiles, amphibians, fish and invertebrates, all of them, you see that typically that animals are experiencing this massive, massive compression from what they should be in, into something that by comparison is microscopically small.

I think that space is an underrated aspect of captivity. A lot of people will say, “Well, if the space is is high quality or if you enrich the environment or this or that, then you can mitigate the lack of space.” But I say, No, you can’t, because once you reach a certain threshold, it doesn’t matter.

It’s like if you put somebody in an eight foot by 10 foot cell in a prison for the rest of their life. You can pretty up that cell as much as you want. You can put pictures on the walls, you can give them a tv, a new book every day, you can do lots of things. It’s going to make a difference, but at some point it doesn’t make a meaningful difference because the space is just too small.

That, I think, is the case for animals, that you reach a threshold beyond which enrichment and other things that you can do to try to alleviate what that animal is going through don’t make a meaningful difference.

Space, or lack of space, also creates social conflict in many animals. It leads to health issues in many animals. It leads to a whole variety of things that are detrimental to the health and welfare, both physical and psychological, of that animal. So I think space is something that should always be looked at. So many other problems stem from lack of space.

There’s three questions that you ask when you look at space.

  1. Number one, is there enough space for the animal to express normal movements and behaviors? So normal species-typical movements and behaviors. I guarantee you go into any zoo in Canada or pretty much any zoo in Canada, and you’re going to find examples where, no, they can’t do that.
  2. The second question you ask is, is there enough space for animals to feel safe and secure? And there are a variety of stressors on animals; that can be visitors watching them; it can be noise; it can be construction; it can be other animals within the enclosure. You can go in zoos and other situations across Canada where animals don’t have enough space to feel safe and secure. They’re either moving away, sticking their heads in corners away from the visitor viewing stations, or they’re acting out aggressively because they feel stressed. And there’s other manifestations of it depending on the species.
  3. The third question you ask is, what are the consequences of not providing enough space? And we see that manifested through the roof. You know, we see pacing behaviors and other stereotypical behaviors, and many people recognize them, but they may not see, you know, looping and other kinds of locomotory stereotypies, or they may not recognize oral stereotypies. There’s the whole suite of these kinds of aberrant behaviors that manifest in captivity, and they’re linked obviously to space and lack of complexity.

But there are all kinds of other things that animals experience that are detrimental. It can be obesity, it can be loss of fitness. Over generations, it can be loss of culture. There are so many detrimental consequences to animals when they don’t have enough space. And if you know what to look for, you can walk in anywhere and see what those consequences are.

Freedom

Rob: The second one is freedom. I don’t mean we kick them all out into the wild and say, “Here you go, you’ve been in captivity your whole life, off you go. Have fun.”

What I mean is freedom of choice. And this is something that’s articulated and certainly in the academic literature, in the zoo world, that animals have to be given freedom of choice. We are included in there. It’s the way that we make a meaningful contribution to the quality of our own lives.

You know, we take away choice for people in prison. It’s a punishment. Or we give choice; often parents will do this with kids: if you’re good, we’re going to let you choose what to do.

Choice is very important. And when you look at animals, they’re just like us. They wake up in the morning and they make micro choices. Do I walk around that rock? Do I go up that hill? Do I go this way? They make thousands of these micro choices every day

And they make mid-level choices and they make very serious major choices. Like an elephant matriarch during a drought that is leading her family to water because she has that historical memory of the terrain and where water is seasonally. She’s deciding, Okay, I’m going to take my family this way because that’s giving us the best chance of survival.

These choices are how animals enhance the quality of their lives. So when they’re in captivity, you need to give them choice.

A lot of people talk about, well, we give them choice through enrichment. We give them puzzle feeders or this or that or the other thing. That’s all great. But I think that they look at providing choice through enrichment in the wrong way because the way I look at it is that if you need to artificially enrich an animal’s environment, then that automatically means that animal’s environment is deficient.

This ability to make choices is critically important to animals. And you can walk into zoos, you can walk into all kinds of other situations in Canada and see thousands, hundreds of thousands of animals that have very restricted abilities or opportunities to make choices, or in some cases, none at all.

Social context

Rob: The third is social context.

There’s a lot of animals that are not in the proper social context. You get animals that are alone when they should be with a partner, or a family, or a herd, or a troupe, or a pod, but they’re alone. That’s an insidious form of torture, especially if you’ve got animals that are hyper social like primates or parrots or other animals where they basically spend their entire lives in contact with others of their own kind.

Proper social context is important, and it’s just as important for animals that like to be alone, not to be in groups. It does work the other way. We’ve seen animals where there’s a lot of inter individual aggression.

Like Marineland here in Ontario has a bear exhibit that is about a half an acre in size. In the old days, three decades ago, they had more than 60 bears in this one exhibit. I think they’ve got 15 now, but that was an example where you’ve got way too many animals in there.

Ideally, you might have five bears in there. I’m being very generous, I would say not even one because it’s not big enough.

Activity/stimulation

Rob: And finally, and I’ve alluded to it in terms of my comments about complexity of environment.

When I’m talking to young kids, I’ll get a kid up out of the audience to stand up. I say, “What do you do in the morning?” He goes, “Well, I get up and my clothes are there and I get dressed.” And I say, “And so for the rest of the day, you just sort of stand by the bed and wait until it’s time to go to bed. Is that what you do?” And they go, “No, no. I go and get breakfast, and I check my computer to see if my friends have contacted me and I watch tv. And then I walked to school.”

I’m illustrating the fact that even though these are young kids that are not able to go out in the world and do everything that they want to do, they are doing things. They wake up, they do things from the time they get out bed until the time they go to bed.

And when I compare that to animals, animals do that too. Even ones that are often considered sedentary animals, like some of the tortoises, they’re actually super active animals. Kids get it.

So that fourth thing that all animals need is activity and stimulation.

So the kids, I have them shout out at the end, Okay, what are the four things that I’ll need? Number one, space. Number two, freedom. Number three, family (I use that with kids as the social context). And then the last one is things to do.

Animals’ needs are not being met in Canada

Rob: So I think that when people go out and look at animals, whether it’s in the circus, the zoo, the pet store, in people’s homes, and pretty much everywhere else, think of those four things, space, freedom, social context, and stimulation and activity. And I think that if people are honest with themselves, most times they’ll find deficiencies.

And sometimes it’s horrendous. Just to give an idea, some of the more extreme things I’ve seen, I’ve seen animals that have frozen to death in zoos in the winter time. They’re frozen solid, lying in a shelter box.

I’ve seen animals fed restaurant waste and that’s it.

I’ve seen animals that have never been given potable water. It’s just filthy, disgusting water that they’re given.

I’ve seen animals that are in small cages that are furnished, but the furnishings haven’t been changed in decades. So they’re biologically and behaviorally useless for those animals. They have no relevance whatsoever.

I’ve seen animals that have been mishandled by people.

I’ve seen animals that have been mutilated, so they’ve been defanged or declawed or had other procedures done that are not in their best interest.

It goes on and on and on. What I often tell people is, “Think about the worst thing that you could think that could happen to an animal in Canada, in a zoo or in some other kind of context. I guarantee that what’s out there is a thousand times worse.”

I don’t want to paint totally apocalyptic vision of what’s out there. It’s not good. But there are rays of light out there too, and people that are doing good things. Even some people in the zoo community have good motivations and are trying to mitigate current concerns and improve things. And some of them would really like to see aspects of all of these industries move in a different direction.

Alternatives for animals in captivity

Chantelle: That was such a helpful discussion of all the things animals need. You mentioned some good examples as well. I want to circle back to that for a minute because we know there are unreleasable, orphaned and injured native wildlife.

Hopefully we’ll one day transition into a new phase where we’re not bringing new animals into permanent captivity for entertainment. But there will still be captive wildlife who are already in captivity.

What would that model look like in an ideal world? Is there a good and safe way to house those animals?

Rob: If there were to be a shift in the zoo industry, for instance, that meant that their live collection plans were changing, and believe it or not, some are, but if there were this sort of wholesale change in collection planning and they decided they had to move certain animals out, the reality is that there’s too many of them.

When most people talk about good homes, they typically think of sanctuaries. Those homes don’t exist for most species. And when you look at numbers that are out there, there’s not enough spaces. So what we’re faced with is a situation where if there is a massive change in the zoo industry or even in the mobiles industry or or other areas, we’re faced with all of these animals that have nowhere to go.

So how do we deal? I think that there’s a number of things we have to do.

Address current problems

Rob: We have to work with some people in those industries to get people on board with mitigating some of the more serious problems faced by animals that are currently kept. Many of them agree are problems.

Move to suitable homes where possible

Rob: You also do want to see if there are alternative options for at least some of those animals. Maybe it’s 2%, 5%, 10%, maybe it’s more. But there are opportunities for some animals to go elsewhere.

There are some animals that could be placed in sanctuaries.

There are some animals that could be placed in a different kind of zoo, a regional zoo that is focused on that particular species. There are specialist centres throughout North America. There are quite a number of large enclosure wolf and bear centres that conceivably could take some animals.

There are private individuals who maintain animals, not as pets, but for other purposes, usually conservation that keeps them at a standard that far exceeds most zoos.

There are new facilities opening up. In fact, I spoke about the newest whale sanctuary this morning. It was the Sea Life Trust Beluga Whale Sanctuary in Iceland. There are people out there that are looking at these types of things for all kinds of animals.

There are opportunities we offer to move big cats. When zoos closed down, we did that last year. There was 15 lions and tigers. We said, “We understand that, you may have challenges in finding placement opportunities for these animals.” So we said we’ll move them because we have contacts in US sanctuaries. We’ve done that with other animals as well.

Repatriation

Rob: Another option that I think is worth exploring is repatriation of animals to the wild. And I know that in the past zoo people used to really sort of jump on that saying it’s ridiculous. But when you think about it, are not the release programs that zoos either promulgate or support doing the same thing? They’re taking animals from captivity and trying to release them into the wild for conservation purposes. There’s nothing that says you can’t do that for welfare purposes, and there has been a long history of it.

This morning when I was talking about whales and dolphins, I mentioned the Into the Blue project, which was more than two decades ago, and other releases that seemed to work out quite well. There have been long term captive elephants released successfully back to the wild. There have benn lions and tigers that have never had the pads of their feet touch grass that have been released.

There are huge challenges in doing it, and it’s not an option for every animal, but I think that repatriation, if not to truly wild settings, to sort of game reserve type settings might be an option for animals.

I have a children’s book called Five Elephants, and I talk about this elephant called Thandora that lived for 18 years in the South African. The other elephant she was with died. The zoo decided they had to do the right thing and they repatriated Thandora to a 18,000 acre reserve. It wasn’t the true wild; Thandora couldn’t migrate. But it was a vast amount of space with all of the other indigenous wildlife and opportunities for Thandora to do what she wanted.

So I think there are probably a lot more of those kinds of opportunities for animals than most people think.

Euthanasia

Rob: The fourth option is euthanasia. I know people don’t like to hear that, but that is a reality. If there are no other options, if you can’t improve and enhance the conditions of that animal in the zoo or wherever it is, or if you can’t repatriate it, or if all those options have been exhausted, then the right thing to do as euthanasia because, at least in my view, I find it inconceivable that anyone could walk away and leave an animal in some of the circumstances I’ve seen where it’s fighting every day against the cold to survive, to get enough calories to maintain its body weight, that it’s in a situation of mind-numbing boredom for days or weeks or months or years, basically a living death.

I don’t think that’s an ethical thing to do to leave animals in those situations. So I think euthanasia should always be sort of in the back there as well, when all other options have been exhausted.

But I think there are things that can be done.

Just to sort of bring it back the first one though, because these other options, placement opportunities, repatriation, it may involve good numbers of animals. It may not.

Preventing future suffering

Rob: But the real sad fact of the matter is that we’ve got to do the best we can where animals are now: prevent their breeding, prevent their importation, make sure that we stop the problem with this group of animals and we don’t just let it continue on into the future.

That, to me as an advocate for animals, is what I try to keep in mind all the time. That we do the best we can for these animals that are here. But maybe we can’t help them or maybe we can’t help them the way that we want.

But we have to have our eyes on the goal, which is: let’s stop the process that put all these animals into that position in the first place. That is the first priority when we’re approaching these kinds of things.

Let’s stop the system. Let’s make that systemic change. Let’s not just deal with the fallout or the symptoms.

Exotic animal laws in Canada

Amy: That’s a good transition into the talking about laws. What kind of laws are in place for wildlife, whether they be imported or already in captivity, and what ideas do you have for new laws or improving existing?

Rob: Well, in Canada, we have this reputation as being a law abiding nation. I think that in some respects that’s true, but in other respects it’s not.

When it comes to animals, we’re not really big on laws for animals in Canada with regard to imports. There is sort of a loose network of laws.

Federal laws around exotic animals

Rob: You have regulations that govern the import of, for example, turtles or some primates through the Canadian Food Inspection Agency. A lot of people might be surprised with that because their primary mandate is to deal with food safety; but they issue permits for the importation of certain kinds of animals that people keep as pets and for other reasons.

So you’ve got that, you’ve got the Migratory Birds Convention Act, but what most people look at when they look federally at laws regarding animals and the import of particularly wild animals is the Convention on International Trade and Endangered Species of Wild Flora and Fauna (CITES), a convention that Canada is a signatory to.

So in order to deliver Canadian obligations under cites, they have a federal act called the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. It delivers on our CITES obligations and controls the import of CITES listed species.

Now, CITES listed species are those species that are endangered or could be endangered by trade. So if it’s pollution or something else, CITES may not kick in. You’ve got a limited number of species that are covered by CITES, so that has some implications for the importation of certain animals. Although, as with most treaties and and laws, there are exemptions.

Provincial laws around exotic animals

Rob: But most of the responsibility for dealing with captive wildlife has been delegated to the provinces.

In Ontario, we have our Provincial Animal Welfare Services Act, and those inspectors will look at zoos and they’re supposed to be working on regulations for zoos because it is a provincial responsibility.

In British Columbia, you have the Controlled Alien Species Regulation under the Wildlife Act because kept the wildlife is a provincial jurisdiction.

So what we have in Canada is this mishmash of laws, some commonalities, a lot of inconsistencies from province to province and in the territories.

Municipal laws around exotic animals

Rob: There is then also a lower level being the municipal level, or sometimes regional governments deal with this too.

When you look at those bylaws, there are some commonalities right across the country, but there’s tremendous inconsistencies because the people who are writing them generally don’t have the necessary expertise to actually write them. And I don’t mean in terms of the legalese and laying out procedures for enforcement. I’m talking about the animals themselves and the needs of the animals. What should they require? If they go into standards for housing and things like that, they don’t have the expertise.

I know so many animal control officials that actually work on these issues, and they look at the prohibited lists or positive lists of animals, and I’ve had many of them say to me, I have no idea what all these mean. You’ve got all these municipalities and all these people who lack the necessary training to develop the laws that affect these animals.

Criminal Code of Canada

Rob: The only other things that I haven’t mentioned are the Criminal Code of Canada, but that’s not really, in most cases, a useful tool for trying to deal with animal cruelty. It’s not set up as something to be beneficial to animals. The criminal code is identifying behavior that is inappropriate to society.

Most people feel that some behaviors like dragging your dog behind your car until your dog’s dead are just not acceptable. That’s more what the Criminal Code would deal with, rather than with any kind of institutional or commercial mass cruelties, whether it’s zoos or the meat industry.

It’s really challenging when there is this mishmash of laws to try to do something. We’ve had enormous challenges over the years in trying to get these laws noticed, get them interpreted in a reasonable scientific way, and then getting them enforced.

We always say that half the battle is getting a law in place and the next half of the battle is getting it enforced. That really been the case here in Canada. But it’s a mess.

In India when you look at wildlife and captivity and public display facilities, they have the Central Zoo Authority. Public display facilities and zoos comes through them. In the UK you have the Zoo Licensing Act, and in other jurisdictions you have other things that just say, Okay, this is the agency that deals with this issue and these are the standards and these are the rules.

We don’t have anything like that in Canada.

That’s why we have people who have big cats in Alberta that are not supposed to be there, and then they’re found out, they drive over to Ontario, they end up in a municipality where there’s a bylaw against that. So they move to the next municipality and then the next, and you know, we have all this inter provincial movement and within provinces as well, because our laws are such a mess.

That’s why I’m hopeful about the Jane Goodall Act because that I think would move the needle in the right direction quite.

Chantelle: It’s become a theme with our podcast is that it’s such a patchwork whenever there’s animal laws in Canada, whether it’s provincial or federal or municipal.

Who is left out in exotic animal laws?

Rob: I should mention one other thing that’s an important point. Most of our laws don’t help all the animals. So if you look at municipal bylaws, many of them have a prohibited list.

Your local municipal bylaw might say can’t have that tiger. So you might be in trouble if you have it. Or if you haven’t got it, you’re thinking of getting it, then it may make you think, I’m not going to get this because this is going to be a big problem. My municipality doesn’t allow it.

But when you look at municipal bylaws across the country, and when you look at many provincial laws as well, you notice something very peculiar.

And that is that they are mammal centric; that there are very few birds, very few reptiles, typically no amphibians, and typically no invertebrates listed yet. When you look at the numbers of species, there’s about 6,000 species of mammals, but there’s more than 10,000 species of birds, 12,000 species of reptiles, 8,000 species of amphibians, 30,000 documented species of fish, and who knows how many invertebrates.

Most of the animals that exist today, many that could end up in a commercial operation in someone’s home as a pet, in a circus or in a zoo. They don’t even show up in these laws. That is a massive deficit.

Most people think that if you have an anti cruelty law or if you have a law controlling exotic animals, it’s all good, but it only deals with a very small number of animals, a very small number of species. It does not represent the diversity that exists out there in the world, or that exists in the industries and people that exploit these animals.

There are over 7,000 species documented in live wildlife trade, much of it for the pet trade. That’s a huge number. Most of those are not represented in any laws.

It’s a very challenging situation here in Canada.

I’ll just finish that answer by saying with regard to zoos, every province in Canada has something. It’s either a policy or something in regulation or a law that addresses some aspect of it. A lot of them are not very good, but it’s something.

In Ontario, we have nothing. Anybody can go out and buy spitting cobras and black mambas and tigers and zebras and aardvarks and whatever else. You want to think up and open a zoo, and there’s no license required. You don’t need any expertise. You don’t need any mentoring. You don’t need any professional affiliations. You don’t need any relevant experience.

There’s no mandated standards for caging for any kind of animal, and there’s no convenient way for the province or anybody else to close the zoo. So the worst in the country is here in Ontario in terms of controls or regulation of this sector of animals.

What you can do to help animals in captivity

Chantelle: Before we wrap up, what would you suggest that our listeners can do to advocate for wildlife in captivity?

Rob: Well, number one, get political. We have a very tiny number of people in this country that are getting political for animals.

The reality is the big changes that we all want to see happen will come politically. We can work on a lot of things and make things happen, but those big societal changes that we want to see have to come through politics.

And I would say to people that if you’ve got an interest in trying to help any issue, it could be animals, it could be poverty relief, it could be affordable housing, the environment. You’ve got an issue that you’re concerned about.

Understand how the systems that govern your life work. Anybody can learn how the system works, and that to me is the first step in understanding what you can do about it.

And everybody has different capacity. Some people may be able to drop everything in their life andbe a full-time activist doing this 24 hours a day. Other people, maybe not so much. Maybe they’re restricted to one hour a week.

But I think the first step once you’ve identified an issue is understanding the system and how what you want done could actually happen within the context of that system.

I can tell you absolutely 100% certainty people can actually change things. And I use ourselves as an example. A lot of the things that that we’ve tackled over the years we’ve started at from the ground up against opposition with very deep pockets and we win.

We have a pro-democracy advocate here in Ontario. He would say, “If you don’t know the rules of the game, you can’t play.”

This is something that we’re moving into. We’re going to be putting together very soon, uh, an advocacy program so that people have more information about how they learn, what they should learn, and how they can affect change.

Because honestly, people can do it. You can really do it.

Contact your MLA about animals in captivity

Next episode

Watch out for the next episode of The Informed Animal Ally on November 28 about animals used in research.

Categories
News/Blog

Your input can help animals in 2023!

The Vancouver Humane Society is planning another year of animal advocacy work, and you can help!

Can you take three minutes to share your animal protection priorities for 2023?

Your input will help the VHS to make important decisions as we work together to build a kinder world for animals by:

  • Targeting key decision-makers to reduce animal suffering across B.C. and Canada
  • Working with governments and agencies to implement more humane policies and practices
  • Assisting placed-at-risk people and their companion animals to access the veterinary care they need
  • Sharing important information to help people make compassionate choices

This survey has ended. Thank you to all those who submitted a response!

Categories
News/Blog

Let’s talk: Building resilience in the animal services sector

Improve outcomes, decrease burnout

As we see a global shift in social movements, public health responses, and political and economic climates, the animal services sector is experiencing a shift as well. This shift is unfortunately leading to increased burnout and overwhelm—but it also presents a moment of opportunity.

More and more animal services leaders and organizations like yours are adapting to help more animals through innovative programs and practices. In this webinar, Guelph Humane Society shares their experience building organizational resilience and using trauma-informed strategies in a rapidly changing world.

You’re invited to join the Vancouver Humane Society and Guelph Humane Society live on November 16th, 2022, at 9:00 am PST/12:00 pm EST for this free interactive webinar.

Free webinar by the Vancouver Humane Society & Guelph Humane Society

Sign up now

Come listen to Guelph Humane’s story…

The VHS is excited to partner with Guelph Humane Society for a free webinar. During this conversation, they will share how they manage burnout and build resilience within their organization, as well as the trauma-informed strategies they’re using to do so.

Questions explored in the webinar will include:

  • How do you build trust and relationships in your community? What kind of presence do you have in your community?
  • What best practices for a trauma-informed approach stand out to you? What is your organization doing to support those practices? 
  • What are some actions you have taken to build resilience individually, as a team, and as an organization? 
Categories
News/Blog

Maggie’s happy ending

12-year-old Maggie has been through a lot! Maggie was living outdoors year-round when Patricia found her. Patricia provided Maggie with shelter during the winter and slowly gained her trust. 

When Maggie got an eye infection, Patricia asked her former guardians if she could adopt this cuddly cat so she could get her the care she needed. Patricia is living on disability assistance, but she was able to crowdfund care for lovely Maggie. 

This year, she once more needed help.

Maggie began showing symptoms of a UTI and needed urgent care to get treated for this potentially fatal condition. Thankfully, with help from the VHS’s McVitie Fund, Maggie got the treatment she needed. She has since made a quick recovery and is enjoying life with Patricia!

Maggie began showing symptoms of a UTI and needed urgent care to get treated for this potentially fatal condition. Thankfully, with help from the VHS’s McVitie Fund, Maggie got the treatment she needed. She has since made a quick recovery and is enjoying life with Patricia!

Maggie began showing symptoms of a UTI and needed urgent care to get treated for this potentially fatal condition. Thankfully, with help from the VHS’s McVitie Fund, Maggie got the treatment she needed. She has since made a quick recovery and is enjoying life with Patricia!

When you donate to help more animals like Maggie, you will make double the difference! All donations are currently being matched by an anonymous donor up to $25,000.

See more animals in need
Categories
News/Blog

Update: Speaking up for sled dogs and wild animals in captivity

Update

This action has now ended. Thank you to the 518 advocates who used the quick action to ask their MLA to speak up for animals in captivity and sled dogs. Please see the Current Campaigns page for more ways you can help wild animals in captivity and animals used in entertainment.

This summer, the VHS ramped up calls for changes to B.C.’s regulations on two key animal welfare issues: sled dogs and wild animals in captivity. All B.C. residents can help by raising these two animal welfare issues with their MLA in a call or meeting.

You don’t need to be an expert on either of these topics to make an impact. Instead, what’s important is that they hear why these issues matter to you. You can ask them to raise the issues, along with the VHS’s recommendations, with the relevant B.C. Ministers.

Provincial decision-makers have previously noted that the regulations for both issues are due for review, without a timeline for action. The VHS has provided clear recommendations for how the regulations need to be updated to better protect animal welfare, but action continues to be delayed and animals continue to suffer as a result.

As MLAs return to parliament this fall, the VHS will continue to advocate for wild and exotic animals in captivity and sled dogs in the commercial sled dog industry.

Can you help by engaging with your MLA on these animal welfare issues? To find your MLA’s contact information, head to the Legislative Assembly of British Columbia website and enter your postal code.

Find my MLA

Short on time? Use the quick email tool to send a message to your MLA today!

This action has now ended.

518 people used this tool to call on their MLA to speak up for animals. Thank you for taking action.

See more campaigns

Commercial sled dog industry

Under B.C.’s current sled dog regulations, sled dogs can be tethered for lengthy periods of time and sled dog tour companies are allowed to shoot surplus dogs, so long as the operator has made reasonable efforts to try to rehome the sled dog.

Recommendations on sled dogs

Wild and exotic animals in captivity

Meanwhile, B.C.’s outdated wild and exotic animal captivity regulations allow for many species to be kept as pets or in captive facilities, despite the difficulty in meeting their complex physical and psychological needs. Numerous incidents in recent years at the Greater Vancouver Zoo, including the escape of wolves from the zoo this summer which tragically resulted in the death of one wolf, reiterate the urgent need for updating the province’s regulations.

Recommendations on animals in captivity
“Think about the worst thing you think could happen to an animal in Canada … I guarantee that what’s out there is a thousand times worse.”
Rob Laidlaw, Zoocheck founder
Tweet

The VHS was recently joined by Zoocheck founder Rob Laidlaw to share his decades of experience advocating for the well-being of animals. Read or listen to the discussion on the VHS’s exclusive podcast, The Informed Animal Ally.

Learn more about captivity laws & practices

Categories
Media Release

Vancouver Humane Society condemns treatment of animals in new footage from Chilliwack and Langley Township rodeos

VANCOUVER, October 5, 2022 – The Vancouver Humane Society (VHS) has released new footage from two B.C. rodeos held this summer and is raising concerns about the treatment of animals at the events.

What happened at this year’s Chilliwack and Langley rodeos

The return of the Chilliwack rodeo this year, along with a controversial new rodeo held in Langley Township, has raised concerns about the well-being and welfare of animals made to perform in rodeo events. Video footage taken at both rodeos this summer shows stressed and frightened animals being roughly handled and deliberately agitated into fleeing and bucking.

The footage reveals recurring animal welfare issues, including stressed and frightened animals being roughly handed and deliberately agitated into “performing” for the public, at a controversial new rodeo that was held in Langley Township last month and from the Chilliwack rodeo in August.

The VHS points to clips that show calves, horses and bulls thrashing around in the chutes prior to being released into the rodeo arena. In two instances, horses in the chute can be seen stuck in unnatural and potentially dangerous positions, with one horse on their back and another with their leg stuck in the side of the chute.

Clips also show handlers pulling on the ears and tails of a number of animals; the VHS has long criticized these methods of deliberately agitating animals, which are frequently used in rodeo to goad the animal into bursting out of the chute at high speed or bucking wildly.

In a number of clips, animals that appear reluctant to move or leave the chute or arena are roughly handled. One clip shows a frightened sheep being shoved up onto their hind legs before falling onto their side. Another captures a sheep being dragged into the middle of the arena.

“The rodeo industry has long claimed that the animals used in rodeos love to perform. This footage, once again, proves otherwise,” VHS Campaign Director Emily Pickett notes. “If the animals love to perform, why is it necessary to twist their ears, drag them by their tails, and fasten uncomfortable straps around their sensitive underbelly to make them do so?”

Pickett also points out that these events put animals at risk of injury and death, all for the sake of public entertainment.

The VHS points to footage from the Chilliwack rodeo of a calf, who is being chased by a rider on horseback during a roping event, running into the arena fence at full speed; a bull repeatedly falling while being lassoed following a bucking event; and a horse who falls on their side during a bucking event and hits their head on the ground.

Another clip shows a bull fall and land on his horn, appearing to injure it. Afterward, the bull seems disoriented and is reluctant to move. Handlers proceed to pull and drag the bull by the tail, in an attempt to get the animal to leave the arena.

The VHS has been calling on organizers for both rodeos and local City Councils to remove inhumane rodeo events, including roping, bucking, wrestling and mutton busting, from the event programs.

Recent polling from Research Co. shows that the majority of British Columbians are opposed to the use of animals in rodeos. Meanwhile, more and more communities have moved away from rodeos and toward events like fairs,” says Pickett.

With the upcoming local elections, the VHS is hoping that candidates for Mayor and Council will consider the many alternatives for bringing the community together without the use of rodeo events that cause unnecessary fear and suffering to animals for the sake of public entertainment.

– ends –

SOURCE Vancouver Humane Society

For more information, contact Emily Pickett: 604-416-2903, emily@vancouverhumanesociety.bc.ca

Related links:

https://youtu.be/JhKVY_Db8Yg

https://vancouverhumanesociety.bc.ca/wp-content/uploads/2020/05/Research-Co.-Animals-Poll-April-2022.pdf

https://drive.google.com/drive/folders/1uTUDd2ErUn_4an3Geq7biJ_BxmB4OEzr?usp=sharing

Categories
News/Blog

Podcast: Wildlife cruelty laws and rodent poisons

Wild animals think, feel, play, grow together, have families, and help maintain a healthy and harmonious environment; yet many human activities put wildlife at unnecessary risk of suffering.

In this month’s episode of The Informed Animal Ally’s series on animal cruelty, Wild Animal Welfare Specialist Erin Ryan from the BC SPCA joins the Vancouver Humane Society’s Amy Morris and Chantelle Archambault to discuss wildlife stewardship, feeding, poisons, and more.

Note: This written interview has been edited for length.

Wild Animal Welfare Specialist

Erin is a member of the Syilx nation and holds a BSc in applied biology and an MSc in Applied Animal Biology from the University of British Columbia. She works as a Wild Animal Welfare Specialist with the BC SPCA’s Science and Policy division, focusing on wildlife welfare, including urban wildlife and rodent control.

Wildlife and Indigenous ways of knowing

A caribou looks at the camera.

Amy: Could you share a little bit of your background working with wildlife and what drew you to this work?

Erin: I think a big influence to the work that I’m doing now is my grandfather [who was a biologist and the first indigenous MP]. Even though many people remember him as a politician, he really thought of himself as a scientist.

I remember growing up, in the forested gully of their backyard, learning all about the plants and animals that grew all around us. And of course, a lot of our approaches to how we handled wildlife encounters in that backyard are kind of what I’m advocating for people to do today.

Amy: Your family has had a really interesting history of bringing an Indigenous perspective into federal decision making. Can you share some of your learnings on the relationship between wildlife and Indigenous communities as it relates to Indigenous laws and ways of knowing?

Erin: I think the main difference that I’ve seen, looking at my world of wild animal welfare, is so many of our laws and systems are built into this perspective of wildlife management; that is our job to manage the populations and to manage the environment. Whereas the values that were instilled in me from a young age and a lot of traditional Indigenous values are more about stewardship.

If we’re good stewards of the land, good stewards of the animals, we are taking care of them, but they’re also taking care of us. There’s much more this sense of reciprocity and that we’re sharing this system together. We don’t have dominion over the animals and need to control the environment.

Amy: Yeah. That’s certainly something that I think there’s a lot of space for moving towards and having more of in the world that we live in.

I’m curious. I know there’s been some consultation from the B.C. provincial government that resulted in a bill, Bill 14. And a big part of that brings into legislation, more collaboration and acknowledgement of Indigenous communities’ role in maintaining our wild populations. So I’m curious to hear if you have any thoughts on that.

Erin: So what this bill is essentially doing is the short term amendments to the Wildlife Act. Of course, the Wildlife Act is maybe one of those canonical pieces of legislation that were originally built on a very Western perspective about how we need to manage and control animals and legislate and enforce.

At the time the Wildlife Act was initially built, our government wasn’t thinking anything towards reconciliation or towards incorporating Indigenous perspectives. And I think seeing these changes really reflects that changing relationship and seeing more of government to government work. What it kind of allows for is it gives Indigenous title and right more sovereignty, the right to govern themselves as they always have since time immemorial.

It also incorporates systems for incorporating Indigenous ways of knowing, and not just relying on traditional Western science to dictate how we approach wildlife management in the province.

Amy: I think everything that I’ve heard and learned about sustainability of wildlife is that the focus needs to be on observing, of paying attention and taking time and not making sudden decisions that could affect a whole ecosystem based on, you know, one test or one experiment. So from your perspective, how does Indigenous wildlife stewardship compare with colonial laws?

Erin: Again, I think it’s much more that perspective of stewardship versus management. So there is a lot of this inherent traditional knowledge that goes to our approaches with wildlife.

And I think even before there was a word within Western science for the One Health, One Welfare approach, that was largely how Indigenous people lived. It was knowing that the way the health of the land was interconnected to the health of the animals and to the health of the people and that we all share the system.

If one of us suffers, we all suffer. But if we take good care of each other, then we all can thrive.

“If one of us suffers, we all suffer. But if we take good care of each other, then we all can thrive.”
Erin Ryan on The Informed Animal Ally
Tweet

Wildlife protection laws in Canada, British Columbia, and municipalities

A Douglas squirrel climbs a tree.

Chantelle: Backing up a little bit, we’ve been talking about colonial laws and you mentioned the Wildlife Act. When it comes to colonial laws, we have the three levels of legislation to consider: federal, provincial, and municipal. Could you give a little bit of background for our listeners on what protections are in place for wildlife at those three levels?

Erin: For sure. So at the federal level, this largely looks at species that are particularly endangered or considered at risk or perhaps part of threatened habitats. It also provides protection to animals in protected areas like national parks or national nature reserves and things like that. One of the primary pieces of federal legislation that I deal with is the federal Migratory Birds Convention Act. Because it tends to be that all these migratory birds are not just present, as we know, in one locality or one province; they tend to move throughout the landscape.

At the provincial level, we see the B.C. Wildlife Act, and that helps to fill in some of the gaps of how wildlife is managed at a provincial level. So this piece of legislation and at the provincial level is where we see things like hunting and trapping regulations; we see species limits, bag limits; it defines allowable hunting regions. It also prescribes a few more pieces of legislation for things like wildlife feeding. So the B.C. Wildlife Act prohibits the feeding of dangerous wildlife like bears and wolves and cougars, but it does leave a big gap for other animals.

And this is where municipal law can come in. So although some of those bigger, broader changes aren’t necessarily jurisdiction of the municipality, it is still really important that municipal bylaws can fill in, even more, some of those gaps.

So if we take a look at wildlife feeding, municipalities have the power to say it’s a ticketable offense to feed wildlife, and that can include all types of animals, whether it’s raccoons or squirrels or geese in parks, in ways that are unhealthy and harmful. And unfortunately, even though it might feel good or catch a nice photo, we know that wildlife feeding rarely results in a good outcome and the people who suffer are the animals.

Laws around spirit bears in B.C.

A spirit bear looks at the camera from in the woods.

Amy: I was wondering, for me as a person reviewing legislation, it can be really overwhelming sometimes to think about the thousands, maybe tens of thousands of species that there are, and the way that the law tries to make different categories and rules around not just individual species, but geographic areas. And I thought if we could take a couple individual species of animals and maybe chat through. How it looks; what laws apply; and what some outcomes are for individual animals.

One that comes to mind for many people is the spirit bear, or the white variation of the black bear, and how laws have been developed to protect that bear. I’m curious what you know about that.

Erin: I have heard that there have been some changes incorporating Indigenous laws. So I know that although the province sets black bear hunting levels across different regions and different seasons, there are some Indigenous nations that have their own laws about which types of traps are appropriate, what their hunting season is. And I think what we’re seeing is those are starting to align. And there have been pushes, for example, in changes to black bear hunting limits in order to try and protect spirit bears, because we know that this is a genetic minority and something that has incredible cultural and spiritual significance to a lot of people.

Amy: And I guess some areas just no hunting can occur at all for black bears. Is that right?

Erin: Indeed. In some areas.

Laws around wolves in B.C.

A wolf lies down in a forest. Wolves have been culled in B.C. since 2015.

Amy: That’s kind of a happy story, right? Seeing change and seeing more protection.

I’m wondering if we could talk a little bit about wolves, certainly not as happy of a story.

Many people know, but just in case there are some who don’t: in B.C., there is a wolf cull that has ongoing has been ongoing since 2015, where quite a large volume of wolves are being culled. Essentially killed by helicopter and other means by the province and it’s being paid for with tax dollars. And I’m curious about if you have any knowledge around how the law has come to be, that that’s allowed. What makes it okay to kill these animals in large numbers?

Erin: I think the biggest piece is that it’s become a directive from the provincial government. So whatever restrictions have been in place can potentially change. I know there was a case taken forward. Pacific Wild actually tried to bring forward a legal case that the killing methods of shooting these wolves aerially from helicopters was against the B.C. Wildlife Act.

It is challenging because it highlights some of the really horrible methods that are actually legal. So at this point in time, the use of baiting and poisons and aerial shooting are all completely within the bounds of the law.

I think we can look at this project and definitely disagree. The science all points toward habitat disturbance being the primary factor to caribou decline, which then allows wolves to access the landscape. But in that same sense of wildlife management versus wildlife stewardship, if we’re trying to manage, we’re not going to be able to shoot our way out of this problem.

We have recent evidence showing that habitat restoration of these disturbed areas can restore the landscape and can protect caribou. And if you look at what your tax dollars are paying for, really I would prefer to see my tax dollars invested in habitat restoration.

Amy: It seems to me like that would be the case of most people.

Erin: Indeed. There’s a high percentage of British Colombians, and my mentor, Dr. Dubois did some research on this area, that 95% of British Columbians didn’t agree with killing one species to save another, even if they were endangered.

Laws around pigeons in B.C.

A pigeon stands on a concrete bench in a city block.

Amy: Wow. So maybe moving on to another species.

There are a number of animals that we share our environment with that were brought to where we live. Pigeons are one that we now consider wild because they don’t want to be handled. They don’t necessarily want to be close to us anymore, but they’re all around us, especially in city environments.

And so what are the rules around pigeons and animals like that who aren’t necessarily from our area originally? Are there laws about them?

Erin: I’m so glad you chose pigeons, because I love to talk about pigeons. They’re a particularly interesting case species. So there’s such a divide in our legislation about the way we treat these animals versus the exact context and circumstances of how they came to the environment, how they exist in the environment, their effects.

But pigeons are listed in what’s called Schedule C of the B.C. Wildlife Act. And some other animals included in there, up until recently, included crows, which are native species, brown headed cowbirds, also a native species. These two have recently been moved to Schedule B. But it also includes things like bullfrogs and nutria and feral pigs and all kinds of different animals. And you can see that none of these have quite the same story as the others.

Pigeons, for example, have followed humans to so many corners of the earth. Pigeons in North America arrived really with the first settlers and have become so integrated into the environment that even if we tried, I don’t think we could ever realistically remove pigeons from the landscape. And they’ve been here for hundreds of years.

So it seems hardly fair to be treating them the same way when they’re not having that demonstrable negative impact on the environment. Versus if we look at another Schedule C species like bullfrogs, they are surprisingly voracious predators. They will eat anything that fits into their mouth, even things like ducklings. So there is still hope that we can remove the bullfrog from the landscape. And we know that they have a negative impact on the environment. They were introduced to B.C. much more recently. And yet the same legislation applies to pigeons as it does to bullfrogs.

Amy: And so does Schedule C mean that pigeons aren’t offered the same protections as other wildlife?

Erin: Exactly. So under the Schedule C species, these animals can be killed at any time of year in any number with no limits.

Limits on animal welfare legislation

An orca jumps out of the water.

Amy: Are there limits to the welfare of that process? You know, what laws come into play when you talk about what’s humane?

Erin: The tricky part is that for so long, our legislation has been focused on cruelty and prevention of cruelty.

A lot of the protections that are in place are the bare minimum protection from cruelty. So at the federal level, animals are protected under the Criminal Code, which doesn’t allow animals to be willfully in distress. “Willful” is hard to prove, but this would be, you know, in the worst circumstances where we’ve seen people, for example, maliciously harming an animal.

Animals are also protected under the provincial Prevention of Cruelty to Animals Act. So this is the Act in which the BC SPCA has its enforcement powers to enforce cruelty legislation and bring those to Crown Council. Another tricky part with this one is that these acts generally exclude what’s considered “industry best practices”.

So for example, we know that with farm animals, a lot of circumstances that we see are not considered high welfare, but they are considered industry best practices. And for that reason, a lot of cruelty legislation wouldn’t apply.

How do rodenticides harm wildlife?

A barn owl sits in a fallen log. Owls are impacted by secondary poisoning from rodenticides.

Amy: I think that’s a really good transition actually into our next area. Because when we talk about provincial legislation and municipal bylaws, one topic that has recently been making headlines is the topic of rodenticides, or rodent poisons, because of the danger they pose to wild animals and pets.

There have recently been some changes to legislation around rodenticides, which we’ll get into later. But first, could you touch on why these poisons are so controversial and a hazard to wildlife?

Erin: Yeah. So a lot of the legislation and sort of the big momentum changes happening right now is regulating the use of what’s called second generation anticoagulant rodenticides (SGARs).

An anticoagulant is a poison which thins the blood. So it leads to bleeding and hemorrhaging. And usually death happens when the animals simply bleed out. So in sort of the early 1940s, 1950s, we developed what’s called first generation anticoagulants.

Over time, animals developed resistance to these products and there was sort of a lower toxicity. So it could take a few times of them ingesting this product before it would have its effect. For example, warfarin, we see a lot of resistance to this product. And for that reason, we looked towards developing second generation anticoagulants.

So these products were designed to be much more toxic so that rodents could be poisoned after just a single feeding. However, that also meant they’re much more toxic in the environment and they persist much more in the environment.

Animals experience what’s called direct poisoning or secondary poisoning.

Direct poisoning is what we see happening to the mice and rats. So they’re actually eating the poison and they’re experiencing the effects of the poison.

Secondary poisoning is when an animal like an owl, an eagle, a hawk, eats a poisoned rodent carcass. And when they eat enough of that, they themselves experience this sort of secondary toxicity as it builds up in their system. And unfortunately, they experience the same suffering and the same effects.

We’ve noticed pretty profound levels of poisoning. And that concern for wildlife is largely what has driven legislative changes right now. There are also non anticoagulant rodenticides, and these are poisons that work in all kinds of different ways. So for example, there is a neurotoxin bromethalin, which causes effects of the central nervous system. It causes respiratory distress and it’s also one of those rodenticides that has no antidote.

Rodent poison laws in British Columbia

A mouse sits on a small branch.

Chantelle: That was a really helpful background on what rodenticides are. Thank you. There’s been some changes around the laws, as you mentioned. And now there’s a partial ban on the second generation anticoagulant rodenticides. Could you give some details on what that partial ban entails?

Erin: So, as you mentioned, the ban is just a temporary order that affects only the second generation. So that means the first generation anticoagulants are still legal for use. And it means that the non anticoagulant rodenticides are also still legal for use, including these neurotoxins.

And the reason they targeted SGARs is to really tackle the angle of wildlife poisoning and to try and prevent that. So there’s a temporary Minister’s order in place. Although there are still some exemptions for essential services. And the hope is that there will be updates to the legislation when the order expires next year.

And I am hopeful for what’s coming out of the legislation. It’s really inspiring to see the Minister’s ordered last year. It’s not something I expected to see for a long, long time.

Amy: Yeah. It seems as if there’s some real awareness of the public value that other animals have. Maybe rats don’t have public value to the government and many entities, although they have value to us.

But that value in owls and other species, that there’s enough value that the government is recognizing that they’re willing to put financial resources into even developing policy. In so many cases, even if people care about something, the government doesn’t put resources into looking into it, just because they don’t have maybe the same severity of seeing the public perception as being important.

And in this case, it seems they’ve gone forward and said, yes, we do care about public perception and public experience. There are still some gaps in the legislation, but also continued reports from wildlife rescues and veterinarians where poisons are still being used and animals are still suffering.

Do any cases come to mind of confirmed or suspected rodenticide poisoning in wildlife?

Erin: I think one of the things that’s important to remember is that these poisonings often go undetected. So, for example, with wildlife rehabilitation centers, these are often not-for-profit charitable organizations that don’t have a lot of money to invest in poison testing. And this does take money and it takes time.

It can often go undetected because if an owl, for example, is experiencing secondary poisoning, even if the poison doesn’t kill them, or isn’t the obvious cause of death, it does make them more likely to be involved with things like vehicle collisions. And so when they present, it may appear that this owl was hit by a car and that’s the cause of death, not realizing that maybe what we should be looking for is also a rodenticide test.

It’s hard to know what we don’t know. And there have been a number of scientific studies showing a shockingly high percentage of carcasses that tested positive for residue. Whether or not that was the cause of death, it’s still in their system.

And certainly, the members of the public who have found poisoned wildlife have been huge in making this effort. You know, there was one report from the same area where they found more than four owls that had died by rodenticide poisoning. And those cases really speak to the public.

They know what they’re seeing is wrong and they want to take action.

Chantelle: That’s a really good point about the difficulty tracking how many animals are being poisoned by rodenticides if we’re not testing them. Because we know policy change is more attainable when it’s backed by accurate and consistent data. So that’s probably why these reports haven’t yet resulted in a comprehensive ban on all rodenticides.

And the four owls that you mentioned that were found in the same area, which were found in North Saanich, were found around an area that has several farms, where second generation anticoagulants are still allowed.

Calling for change in local elections

A gosling walks out of the lake in front of a family of geese.

Chantelle: We have the municipal elections coming up and that’s a great opportunity to advocate for more animal-friendly bylaw commitments. Would you be able to talk a little bit about what authority municipal governments have to limit the use of rodenticides or make other laws to protect wild animals like with fireworks?

Erin: So, as we discussed earlier, municipalities really have that ability to fill in gaps that are left behind by either provincial or federal legislation. For rodenticides, we’ve actually seen that municipalities have made a huge difference in motive for the province to come down with that legislation.

So I think it’s nearly 30 municipalities now have banned all rodenticides or restricted rodenticides on their municipal property. So even though they can’t ban rodenticide use completely in the city, they can say what is allowed on their property.

And that has a huge impact, because this isn’t just one building. It includes all of their operational offices. It might include community centers, sports centers, and all kinds of different venues. So it covers quite a bit of ground. And it also brings the issue of awareness to the public eye. And I think for the provincial government, it showed that municipalities were willing to work on this, that they weren’t going to get pushback if they tried move forward with this legislation.

Amy: Then I guess there’s also some good bylaws that could be put in place for preventing wildlife feeding. Now is the time to ask either candidates, or if you’re listening to this later, elected folks to consider putting a bylaw in place around wildlife feeding or about banning fireworks or fireworks with sound.

And certainly outside of B.C., there is a municipal cycle that goes on as well. So any time is a good time to ask for change. As we know, it sometimes takes quite a while to get change in place when it comes to public policy, so best to get started sooner rather than later.

So we’ve spoken pretty in depth about the current legislation and gaps. What would you say still needs to be done to protect wildlife?

Erin: You brought up an excellent point with wildlife feeding. That’s definitely an issue that’s top of mind for us as we come into municipal elections. And this is just one of many ways that they can step in and fill a gap.

Where the province regulates the feeding of dangerous wildlife like bears and coyotes, it doesn’t regulate things that the municipal level can. So for example, the City of Vancouver has one of the more comprehensive bylaws we’ve seen prohibiting wildlife feeding, and that includes all species. Previously, there was a bylaw in place for Vancouver parks, but this now applies to the entire city of Vancouver.

Amy: That’s huge.

Erin: It is huge. And the BC SPCA has some examples of model bylaws that are available on our website. We’ve just updated our new model bylaw tool so that municipalities can actually go and look at examples of bylaws that we reviewed and we believe how the animal’s best interests in mind.

Advocate for change in your local election

Amy: It certainly seems like having one municipality take action on something helps for other municipalities to follow suit. You know, have you worked on any cases where a municipality was the first to adopt something? Curious about how that happened if you have experience with that.

Erin: For sure. I think for me top of mind, when it comes to rodenticides, was the District of North Vancouver. So they weren’t necessarily the first municipality in B.C. to pass legislation about rodenticides, but they certainly were sort of the biggest and the most vocal and they certainly developed the most comprehensive policy.

So the District of North Vancouver has also helped inspire other communities. And they can say, “Well, if a big municipality like the District of North Vancouver can do it, so can we.”

Because they also have this comprehensive policy that serves as a model for other municipalities and they don’t have to start from scratch. They already have something usable and comprehensive in place.

Amy: That certainly makes it easier to advocate. Do you have any advice for people who are in advocating for better laws for wildlife?

Erin: The most effective approach to try and make change is to talk to your elected officials. Because they want to make change that matters to their constituents, and if they don’t hear from you, they don’t know that it matters to you.

So the easiest thing you can do is email your City Councillors, Mayor and Council, email your MPs and MLAs, and let them know what animal issues are important to you and what you want to see. You can also even point them to our model bylaws and say, “I’d like to see something like this” or “This nearby district has this great bylaw. Is this something we could consider adopting?”

Laws around captive wild animals

Hana the tiger stares out the fence from a well-worn path at the Greater Vancouver Zoo.

Amy: As we segue into our next episode, we talked about fish welfare before, and then we’re moving on to laws around captive wild animals next month, taking a little bit of an in depth look at that aspect of wild animal welfare.

Do you have any thoughts to share on this topic? Are there ethical and non-ethical ways of keeping wildlife in captivity and is there room for improvement in the laws?

Erin: I think there’s certainly room for improvement. We talked a little bit about some of that cruelty legislation and how industry best practices or generally accepted best practices are excluded.

I think there is no denying that animals don’t have everything they need when we confine them in small spaces and put them up for public display. But unfortunately, if their nutritional needs are met and they’re not in neglect or distress, there’s not a lot legally that’s in place to protect them.

Amy: Yes, absolutely. I’m curious to see what can be done for stereotypical behavior.

Next episode

Watch out for the next episode of The Informed Animal Ally on October 25 about wild and exotic animals in captivity.

Categories
News/Blog

Vote for a kinder world in the B.C. local elections

Municipal elections are coming up. Will you cast your vote for a kinder world for animals?

On October 15th, municipalities in B.C. will hold their elections of local government and school boards. The weeks leading up to this election are the perfect opportunity to advocate for better protections for animals!

Candidates for mayor and council are listening to the concerns of residents and laying out their platform. By writing to the candidates and asking questions in local debates, you can:

  • Let the incoming local government know that animal welfare is a priority for residents
  • Find out where candidates stand on protecting animals
  • Help to build a community that is kinder to all species by helping to elect animal-friendly candidates

Get updates and alerts about local elections in B.C.

This action has now ended.

Thank you to everyone who signed up for updates and who advocated for animal protection during the election. The VHS will continue to work with successful candidates to build a kinder community for all species who live here.

See more campaigns

Contact your local candidates to express your support for animal-friendly policies

Let your candidates know that animal protection is a priority to the residents they hope to represent. Below is an email template you can copy and customize when you reach out to your candidates by phone, email, or social media.

I am writing regarding your local election campaign. As a resident, I would like to express my support for bylaws and practices that consider the welfare of animals and the many people in our community who care for them. 

I encourage you to support policies that protect the well-being of animals, including:

-	Supporting pet-friendly affordable housing
-	Reducing animal-based food purchasing
-	Supporting an end to the use of animals in entertainment
-	Ending the keeping of wild and exotic animals who suffer in captivity

I would be interested to hear about your platform commitments related to animal protection. Please reach out if you can provide any details about how you will support kindness toward all species if elected.

Thank you.

Tip: To find your local candidates, visit your municipality’s website or search for “[Your municipality’s name] local election 2022”. You can find the list of candidates in Vancouver here.

Attend local debates and ask questions.

Wild and exotic animals (animals not native to B.C.) kept in captivity have complex needs that aren’t being met in cages and tanks and that are crucial for their physical and mental well-being.

Asking questions at mayoral debates and other local events helps you to learn where candidates stand on animal protection issues, and lets candidates know that animal welfare is a priority of residents.

Below are some suggested questions covering a range of municipal policies.

Animals in captivity

  • Wild, exotic animals have unique needs that cannot be met in captivity. If elected, will you support ending the keeping of wild and exotic animals in permanent captivity for the sake of entertainment and education, in favour of genuine rescue, rehab and release programs and wildlife conservation efforts?
  • Currently, provincial Controlled Alien Species legislation only restricts the private keeping of certain animal species, while many animals that are not suitable for captivity fall through the gaps. For instance, provincial laws do not prohibit the private keeping of zebras. Municipalities have the power to introduce positive lists, which proactively only allow animals that are evidenced to be a suitable fit for domestic environments. Would you support a positive pet list approach?

Animals in Entertainment

  • As we learn more about animal welfare, more people are opposing the use of animals in entertainment such as rodeos and sled dog tourism. If elected, will you support ending the use of animals for entertainment purposes in favour of animal and family-friendly events?
  • The presence of horse-drawn vehicles in urban areas poses a risk to horses, pedestrians, and drivers. Montreal has already banned horse-drawn carriages. If elected, would you support a move away from horse-drawn vehicles?

Farmed Animals

  • Municipalities take a stance on dietary choices when they purchase food for meetings, events, and concessions, or offer food-related funding. The City of Vancouver has already committed to exploring a 20% shift toward plant-based foods, which will help to decrease emissions, cut food purchasing costs, and save animal lives. Would you support a similar commitment to increase plant-based food purchasing?

Companion animals

  • British Columbia is experiencing a housing crisis, and many people with pets are finding it extremely difficult to find affordable housing. If elected, will you support ending the “no pets” rental policies?
  • During the flooding crisis in late 2021, many families with pets were left without adequate accommodation options. Would you support emergency planning that considers animals, including companion animals?

Wildlife

  • There are significant gaps in provincial legislation around rodent poison use, as many animal protection and wildlife rescue organizations have pointed out. Would you support a full ban on dangerous rodenticides being used on municipal property?

Vote on or before October 15

Your vote counts! You can use yours to speak up for animals on voting day or at advance polls. You can find details about advance polling dates, voting locations, and candidates on your municipality’s website.

Categories
News/Blog

Podcast: “Dangerous dog” laws

Dogs have a meaningful place in many families across Canada; but what happens if a dog is deemed “dangerous”?

In this month’s episode of The Informed Animal Ally’s series on animal cruelty, animal law lawyer Rebeka Breder joins the Vancouver Humane Society’s Amy Morris and Chantelle Archambault to discuss “dangerous dog” laws, including how a dog is deemed “dangerous”, and what happens as a result.

Note: This written interview has been edited for length.

Rebeka Breder portrait

Animal Law Lawyer

Rebeka Breder practiced for more than a decade in a Vancouver law firm specializing in animal law and civil litigation before becoming a founding lawyer at Breder Law, Western Canada’s first law firm to focus exclusively on animal law. She is known as a trailblazer in developing Animal Law in Canada for over a decade. 

Municipal bylaws

A group of pitbull puppies run in the grass. Pitbulls are still considered a dangerous dog in some laws, evidence to the contrary.

Chantelle: Can you tell us a little bit about what dangerous dog laws are and your experience defending dogs who are deemed “dangerous”?

Rebeka: Yes, there are really two main areas. There’s the municipal bylaws and dealing with “dangerous” or “aggressive” dogs. And there are provincial laws that deal with the same issues.

So when it comes to the municipal level, which is at the city level, those types of cases often arise when people are out walking their dogs. And there are some kind of incident between the dog who’s being walked with another dog or the dog with another person. And those types of cases also range so much.

It could be anything from dogs kind of being dogs and playing in a dog park; and there’s a dog who is very possessive over his ball and another dog tries to take that ball away and then the dogs start fighting and one of the dogs gets injured.

Or a person trying to break up a fight between two dogs at a dog park and then the person gets injured.

Or let’s say a person is walking their reactive dog. And I’ll just pause here to say that there’s a very big difference between reactive dogs and truly aggressive dogs. So when you have reactive dogs on a leash walking in an on leash area—in other words, in areas where dogs are supposed to be leashed, like on a street—and then you have someone walking their dog not on leash and the dog that off-leash dog run up to the dog who’s leashed and then the reactive dog barks and reacts, and then the other off-leash dog gets aggressive and then there’s a fight that starts, then the question is, well, whose fault is it?

And very often I could tell you that whichever dog caused the injury, regardless of the circumstances, is more often than not considered guilty, even though the dog guardian who was walking their dog on leash didn’t do anything wrong. I had a recent case like that, so it’s kind of top of mind.

Or this one where there were puppies off leash in an area where they were supposed to be on leash, walking to an off-leash dog park. At some point, one of the puppies allegedly jumped and attacked a child. I’m going to focus on that as an example.

The woman got upset because her kid fell. My client’s dog was four months old and looks like a pitbull. The police ended up coming. The child was seen running around and not injured. So what ended up happening was that the woman complained to animal control, animal control then brought charges for bylaw infractions for dog off leash and a dog biting, attacking, and injuring.

There was a trial. What it came down to is whether what happened was a dog attack. If you’re found guilty of allowing your dog to bite attack or injure, then that causes complications for the dog guardian and the dogs, because that’s a huge strike against the dog on his or her file. If there’s another incident, it gives stronger grounds for the city to seize the dog and put the dog on death row.

So just going back for a moment to this case that I was talking about with the puppies playing, and it came down to whether in this context of play, if there was some contact between the puppy and the child, was it an attack?

We, first of all, argued that there was no contact, but if there was contact that it wasn’t an “attack”. Maybe the puppy jumped on the child because the puppy was on his way to get the ball, saw a kid, got excited, jumped on the child. The kid was 18 months old and didn’t have stability and fell, but it wasn’t an attack. The dog didn’t bite the child.

I was essentially making the argument that the whole purpose of these animal control bylaws is to prevent actual aggressive dogs from harming the public. It would be a huge mistake if courts started penalizing dogs in the context of play or penalizing dog guardians in the context of play, because that’s not what these bylaws are designed for.

Luckily, the court ended up agreeing, and so we have good case law now that talks about how an “attack” in the context of play is not an attack.

Now that said, I’m just gonna pause here to say, it still does not give dog guardians the right to let their dogs free wherever they want to. I’ve learned just from having a reactive dog myself a number of years ago, that out of respect for reactive dogs who don’t appreciate other dogs coming into their personal space, that we need to respect each other’s spaces.

So again, in a summary, in the municipal context, when we’re dealing with so-called aggressive dogs, usually it’s either fines or a combination of fines and a guilty plea where a dog is deemed to have bit attacked or injured a person. So that’s kind of in the municipal context.

Provincial laws

A dog in a kennel. Dogs seized due to dangerous dog laws can be held for months while waiting for a trial.

Rebeka: In the provincial context, there are barely any laws. There are two provincial pieces of legislation in B.C., the Community Charter and the Vancouver Charter. The community charter covers all cities in British Columbia, except for Vancouver. The Vancouver charter deals specifically with Vancouver.

And within both of those acts, there are only 10 to 11 provisions dealing with “dangerous dogs”. It’s certainly a far cry from having a complete code or rules dealing with these types of situations.

There’s a definition of what a dangerous dog is; it’s basically a three part test.

One is whether an animal control officer had reasonable grounds to believe that a dog will likely injure a person. Another one is whether the dog went off his or her own property and injured another animal. And then the other part of the test is whether the dog is likely to cause serious injury to another person.

Serious injury isn’t defined. There is no requirement that any qualified professionals are involved in this.

If an animal control officer believes that a dog meets a definition of dangerous, they do have the power to come and seize a dog and put the dog on death row. That said, and a lot of people don’t realize this, is that when animal control officers show up at someone’s door, they actually don’t have the right to just take your dog. They have to have a warrant; that is one of the provisions in the provincial legislation.

What happens more often than not, and I’ve seen it many times in my cases, they tell the dog guardian, you have to give your dog. People don’t know their rights, so they give their dog up to animal control. The dog ends up at the shelter for months, if not well over a year until the matter is actually heard in court.

Then it’s a whole trial process with witnesses, experts, with a judge. It’s a long, emotional, stressful, expensive process. And often it comes down to a “he said, she said” type of thing.

In these cases really fundamentally what would I focus on? The bulk of our case has to do with what a qualified animal behaviorist has to say.

And so the expert comes into court to explain what she believes really happened. And then just as importantly, if not more importantly, explains to the court what the management plan should be for this dog and whether the dog guardian is willing to follow this management plan.

What a management plan essentially is, is we put together a plan to make sure that an incident like that doesn’t happen again. And that would usually involve things like muzzling, if that’s what’s required, or a change in diet, to some temporary medication to help deal with anxiety, to property, making sure that there’s proper fencing, to dog training. That dog training is just as much for the dog guardian as it is for the dogs. And really keeping up with making sure that the welfare of the dog is good.

And in all of my cases, I could tell you that I’m yet to lose a dog in any of these cases. I really try to surround myself with individuals who know more than me in this area who could help the dog and the court to explain that this dog is, is not a threat to the community.

So you have these provincial laws, which as I said, there’s barely anything in there. There’s a definition of dangerous dog. There’s a requirement that you need a warrant. And then there’s a provision that allows an animal control officer to bring an application, to put a dog on death row. And other than that, there’s nothing else really of substance in there.

The judges in the past have allowed dogs, even though they have been designated as “dangerous”, to be returned on conditions, which in my cases was essentially the management plan put into the form of court order. So it was enforceable if the person breached any of those or breach of a court order, and then there, there could potentially be consequences. I can’t speak from experience what those consequences would be, because none of my clients have ever breached them as far as I know. So we never got to that point. It always worked.

And in 2019, all of that changed when the highest court in his province said these conditional orders are not allowed. If a dog is deemed dangerous, the dog has to be put down. Or if the dog is not an unacceptable risk to the public, then the dog is returned back to the dog guardian.

In the last couple of cases that I’ve been involved in that have gone to trial, we focused on the expert testimony and that the dog does not pose an unacceptable risk to the public. And we’re able to show that with the use of expert evidence.

In the eye of the beholder

A beware of dog sign on a personal property fence.

Amy: That was really helpful, Rebeka. And it brings to mind a couple tangents that we can chat about. The first one that brings to mind is the question of “livestock”. There’s a section in the Livestock Act on dogs causing injury or damage, that essentially states a person may kill a dog if the person finds the dog running at large and attacking or viciously pursuing livestock. You mentioned these definitions of terms.

So what is “viciously pursuing” and how can someone define that if they’re alone on their property, and they’re the only one observing it? It leaves it up to the layperson to make a decision as to whether or not they’re allowed to kill a dog.

Rebeka: Yes, exactly. That reminds me of another tangent, which is that the City of Vancouver is in the process of amending its animal control bylaws. There are a number of changes that are going to come into effect as of January 2023.

One of them has to do with the definition of an aggressive dog. Right now, and I’m paraphrasing, an aggressive dog in the City of Vancouver is essentially defined as a dog that has either bit, attacked, or seriously injured another dog or person, or has the propensity to do that.

The new definition is going to include some of that, but it is also going to include a dog that exhibits “aggressive behavior”. The way the City of Vancouver is defining aggressive behavior is any action by a dog that reasonably threatens a person or domestic animal and includes snarling growling, or pursuing a person or domestic animal in a hostile manner.

So there are number of issues there. First and foremost, it is so subjective. And I have already seen it in my cases where there’s someone who either doesn’t like dogs, or is scared of dogs, or is scared of pitbull type of dogs.

The dog runs up to the person who’s scared of that dog, not in an aggressive way, but just to say hi. You have two totally different perspectives on the dog’s behavior, coming from the dog guardian and the person who doesn’t like the dog. Then it’s up to animal control to investigate.

More often than not, they side with the alleged victim. And that’s going to go to court and cost dog guardians time, money, stress.

So that definition really concerns me, because it is so subjective. What does hostile manner mean? Again, it’s in the eyes of the beholder. What does pursue mean?

I could see that what the city’s really trying to do is nip the problem in the bud, so to speak very early on so that once truly aggressive behavior is detected. They’re trying to educate the public to deal with the issue. I’m worried that it’s going to have a countereffect and that in some cases, it will work, but in many cases, it won’t.

On that note the Vancouver definition, and any other definition that I’m aware of dealing with aggressive dogs or vicious dogs or dangerous dogs, does not require the involvement of a qualified professional in making that determination. So it’s essentially animal control officers who are enforcement officers, not animal behaviorists, yet they are put in positions where they are legally allowed to designate a dog as aggressive or dangerous, which could have very serious implications for the dogs and for their guardians.

Usually that means that the dog can no longer play off leash in dog parks, always has to be muzzled when in public areas, sometimes it requires a person to build an enclosure within their property. It just really limits the welfare and the freedom of the dog guardians as well as the dog owners.

“Aggressive behaviour” or communication?

A small dog snarling. Dogs may snarl to communicate discomfort.

Amy: Going back to your explanation of the definition where you’re talking about snarling. We have this ladder of animal behavior of communication signals. They start maybe looking away and different nervous behaviors towards. Maybe a quick flash of the teeth, maybe a little growl. And these behaviors are important because the dog is letting everyone else in the area know, “I’m uncomfortable”.

And so the problem with having laws that penalize some of these behaviors is that people start to punish their dogs or start to tell their dog, “No, don’t show your teeth.” And what that actually does is the opposite effect where suddenly a dog that’s communicating really well gets punished for that communication. Well, they might skip all of that communication and go to a bite, because they’ve been taught in the past that all of that other communication isn’t allowed.

And so it, it could have that adverse effect of people thinking they need to punish their dogs for clear communication and having an increase of bites. So that’s sort of the thing that I find so conflicting with some of these laws is that they have the psychological effect on people that it’s not okay for a dog to do.

Whereas if you spend every day paying attention to your dog’s signals, you learn that, okay, my dog gave a little growl because the other dog tried to steal her stick and she wanted some space and that’s a very healthy thing to do.

Rebeka: Yeah, exactly. I couldn’t agree more. And there’s also some dogs who bark, not because they’re being aggressive, but it’s just the way they communicate. They’re excited, it’s anything but aggressive.

On the flip side, dogs who are wagging their tails does not always mean that the dog’s happy. Wagging a tail could actually be part of the excitement package, where the dog’s arousal is going up, which actually could lead to aggression.

It also depends on the body language. You could literally see some dogs almost have a smile. When my little guy is happy and he’s running toward me, his face just lights up and he’s smiling and he’s wagging his tail and he’s happy.

But anyway, I just wanted to point out that there are, there are, um, there are those times when, when people wrongfully perceive a wagging of a tail as a good sign when actually the behavior is potentially on its way to becoming an aggressive behavior.

Breed specific legislation (BSL)

A dog wearing a muzzle, as required by some breed specific bylaws.

Amy: Yeah, absolutely. And I think the reason that municipalities are trying to go to these descriptions of aggressive behavior is because they’re maybe trying to move away from breed specific laws, which are worse.

And just to kind of talk a little bit more about breed specific laws, these can look different based on the community. In some cases, certain breeds are completely banned from a community and other cases they’re required to wear a muzzle. They’re often “specific” to a random assortment of breeds. Every municipality is different in what they choose to include or not include, but none of them are backed by data that shows consistent poor behavior in a specific type of breed.

Rebeka: Absolutely. And let me just say that in Canada, other than Ontario, no other province has a complete ban on pitbulls or bully breeds, so to speak. But there is breed specific legislation (BSL) throughout Canada, including British Columbia

On the positive side, Vancouver used to have BSL, but I believe back in 2005 Vancouver actually repealed that. And then after that, North Vancouver, Delta, Castlegar, Cumberland, Coquitlam, White Rock, Pitt Meadows, New Westminster.

The cities did that because they realized that it’s so hard to enforce those bylaws, because those bylaws usually say something like a pitbull or a dog with “characteristics” or “appearance” of a pitbull—what does that mean—must be muzzled, and must not be off leash in any areas. And secondly, we know the behavior of a dog does not depend on the breed.

If you ask any reputable animal behaviorist, they will tell you that it is just nonsensical and it just buys into the myth that pitbulls and dogs like that are more vicious or aggressive than others. And there are so many myths, including like that pitbulls’ jaws lock—that just doesn’t happen—or pitbulls can cause a lot of damage.

Well, actually there were peer reviewed scientific articles that compared to bite pressure of purebred pitbulls to other dogs, including German Shepherd and rottweilers, and actually found that other breeds have a stronger bite pressure than pitbulls.

I’m often asked, well then why do you always hear about pitbulls in the media? There are a number of reasons why that is, namely because it just catches people’s attention more.

But what I think is one of the bigger problems in this whole pitbull debate is that when the numbers of so-called pitbull attacks are reported, those are based on laypeople’s observations of the dog. So someone could say, that dog was a pitbull. And so it gets reported as a pitbull attack without really knowing whether the dog was actually a pitbull. And we know for a fact that in so many cases, the dog in question was actually not a pitbull.

There have been mistakes here in British Columbia. I remember a number of years ago in, in Fort St. John, in Yaletown, in Richmond. These are just three examples from top of mind where they were reported as pitbull attacks only later to be discovered that the dog in question was another breed that looked like a pitbull, but wasn’t.

Pitbulls end up getting this really bad rap, because really for every so-called pitbull attack, there are many, many, many more pitbulls who are living wonderful, happy, loving lives with good guardians.

Chantelle: A common thread in everything you’ve been saying is subjectivity. The behaviour and enforcement is all subjective. The snarling can not necessarily indicate aggression. And then the breeds are very subjective up to the individual doing the enforcement.

You mentioned a lot of municipalities that have removed their breed specific legislation. But for instance, one that still has it is Burnaby and they consider all dogs with predominant pitbull characteristics to be a vicious dog. And then the bylaw also allows vicious dogs that have been seized or impounded to be kept up to 21 days.

So dogs can be seized in or impounded for a number of reasons, as you mentioned before. If the dog is off leash, and that can be because the dog just escaped from home; if a dog visually looks like a pitbull to a specific person who reports it and is not muzzled in public.

Rebeka: It just reminded me. Close to 10 years ago, I attended the Burnaby City Council with representatives of another amazing organization, HugABull, a rescue organization for “bully” type breeds. We were trying to advocate for the repeal of BSL. And I remember making submissions to Council and the Mayor at that time.

But I remember getting really into a heated argument with the Mayor who was a very strong proponent of BSL.

I was a lawyer at the time, too. So you have a professional, who’s giving an opinion on why the laws are not enforceable and why they just don’t work. And you had other qualified professionals in dog behavior giving their reasons why BSL doesn’t work.

We were trying to present more factual based as opposed to emotional based reasons. And it just seemed like that’s what this issue often comes down to it just the way people feel about it, as opposed to actually looking at reliable peer reviewed science and on reliable facts that actually tell the real story.

It’s not about the pitbull breed. It’s about dog behavior. You cannot penalize a dog for being a certain breed.

Where do we go from here?

A dog smelling a person's hand in greeting.

Rebeka: In my mind, a really good legal framework would be part of the bigger picture which would include educating kids about dogs from a young age, and I think that would then hopefully translate to parents too.

Don’t let your little child just run up to any dog. When you approach a dog, how you approach? Let the dog sniff your hands first so that the dog can get to know you. Don’t crowd a dog.

Part of the bigger picture, I would love to see education as a key component to the development of a proper regulatory regime dealing with dogs.

And then what that proper regulatory regime would look like. It would include things like targeting known risk factors, such as requiring that dogs at a certain age be neutered or spayed subject to the opinion of a veterinarian. Because we do know that is a contributing factor; if dogs aren’t neutered or spayed, that could lead to aggression.

Having a requirement that investigations need to include interviews on both sides; both the dog guardian and the alleged victim.

A licensing regime to ensure that dogs are licensed so that if they get lost or if they get into trouble that the dog guardian and dog can be tracked.

Involving qualified animal behaviorists in this whole process to work together with dog guardians and dogs to ensure the dog’s welfare and ultimately the safety of the community too.

And an appeal process where if the city does find that a dog meets a definition of aggressive or dangerous or vicious, that there’s a way for that designation to be reviewed again after a certain amount of time.

Just some examples that come to mind.

Next episode

Watch out for the next episode of The Informed Animal Ally on September 27 discussing wildlife cruelty laws.

Did you enjoy this episode on dangerous dog laws?

For more background on regulations across Canada, check out Vancouver Humane Society’s first episode of The Informed Animal Ally exploring companion animal cruelty laws.

Companion animal cruelty laws
Categories
Opinion Editorial

It’s time to stop using taxpayer money to fund inhumane events

Article originally published in The Daily Hive.

On Thursday, the Government of British Columbia announced new funding for fairs, festivals, and events; but the inclusion of one controversial and inhumane type of event is raising eyebrows among animal advocates. 

According to a press release from the Ministry of Tourism, Arts, Culture and Sport, the Province will provide $30 million to support B.C.-based events, including sporting events, arts and culture events, community celebrations, agricultural fairs, and one baffling choice: rodeos. 

Rodeos are the subject of growing criticism in British Columbia and around the world; and it’s easy to see why. Rodeo events cause unnecessary pain, fear, and stress to animals, both at the event and in countless practice sessions, all for a few moments of so-called entertainment.  

To provoke the “performance” behaviours seen from animals in rodeos such as running and bucking, handlers and riders deliberately agitate these sensitive prey animals by pulling their ears, twisting their tails, and using uncomfortable tools like flank straps and spurs. Video footage released by the Vancouver Humane Society (VHS) reveals a number of recurring welfare concerns at some of B.C.’s most recent rodeo events in Chilliwack and Langley Township. 

What happened at this year’s Chilliwack and Langley rodeos

The return of the Chilliwack rodeo this year, along with a controversial new rodeo held in Langley Township, has raised concerns about the well-being and welfare of animals made to perform in rodeo events. Video footage taken at both rodeos this summer shows stressed and frightened animals being roughly handled and deliberately agitated into fleeing and bucking.

Meanwhile, evidence of poor welfare practices in rodeo continue to stack up. A new study was published just one month ago on the stress caused by calf roping (also called tie-down roping), a controversial event which takes place annually at rodeos in B.C. Concerns raised in the study include the risk of injury to young calves “such as damage to the windpipe from the lasso, bruising and broken ribs from being violently yanked off their feet and being forced to the ground, and choking from the tightened rope around their neck.” The study concluded that calves exhibited signs of distress across every phase of the calf roping event, from being chased, lassoed and caught, to when they were released.  

Unlike human athletes, animals used in rodeo cannot decide whether or not to participate. If given the choice, there’s no doubt they would opt out of being roped, wrestled, and roughly handled. 

The use of taxpayer dollars to fund these inhumane events is especially bewildering given the widespread dissent to the practice. Recent polling shows that only 26% of British Columbians are in favour of using animals in rodeo and a whopping 64% are opposed; the remainder are undecided. As a whole, our society is placing increasing value in treating animals with care and respect. 

Amongst governing bodies apparently more in tune with community values, the growing awareness around animal sentience is inspiring a shift away from this type of animal exploitation for the sake of public entertainment. The City of Vancouver and the District of North Vancouver have already implemented a ban on rodeo events, as have the United Kingdom, the Netherlands, and a host of municipalities and regions worldwide. The Cloverdale Rodeo dropped four of its most concerning events after the death of a calf in 2007, and soon afterwards, the Luxton Rodeo near Victoria and the Abbotsford Rodeo were cancelled in 2015 and 2016, respectively.  

It is difficult to see the Province’s announcement of rodeo funding as anything but a confident stride into the wrong side of history. That is why a new campaign from the VHS is calling on the Province to direct funding toward family-friendly community events, rather than rodeo events. 

With a myriad of positive events that could use funds to reinvigorate the tourism sector and celebrate culture, community, and compassion, it would be incredibly disappointing for the Province to sink funding into a cruel and outdated practice that, as the majority of British Columbians agree, is better left in the past. 

Say no to funding rodeo cruelty