Law Times

PAGE 12 A BY MICHAEL McKIERNAN Law Times dePencier Wright chairs Animal Justice Canada, formerly Lawyers for Animal Welfare, a group ded- icated to using the legal system to protect animals. He says the field has changed dramatically in recent years. "People' Toronto lawyer Nicholas ship with animals has really trans- formed, s view of their relation- action between humans and property to something different. There' "It's gone from being an inter- " he says. ing that they are sentient beings that feel pain like we do and that deserve a position under law as something other than merely inanimate objects." s a respect and understand- nimal law is going mainstream, according to the founder of an animal rights group. Field changing as people's views begin to transform "Panels have consistently held Animal law going mainstream FOCUS form an official animal law section of the Ontario Bar Association. The British Columbia branch of the Canadian Bar Association already has a section, and Wright says Ontario lawyers have ral- lied behind his call. An inaugural event late last year and a followup in 2012 each attracted more than 50 participants. "There' Wright is leading a campaign to and enthusiasm, and a long- term commitment from the OBA would really help us to get action in the area and give us the ability to organize more events," says Wright. The most recent session on s a lot of momentum May 29 focused on prosecution and reform in the animal law field. Jennifer Friedman, litigation counsel for the Ontario Racing Commission, told the audience that the commission has been a leader in the animal protection field. In 2009, it established new that the well-being of the horse is one of its three primary man- dates," she said. The message has filtered down through the sport, according to Friedman. In 2010, when jockey Jesse Daigrepont was face accusa- tions of using an electrical device to spur his horse at the gate, he was found guilty and banned for two years with the help of evidence from fellow jockeys. Before joining the commis- 'People's view of their relationship with ani- mals has really transformed,' says Nicholas dePencier Wright. rules on the use of whips and introduced tougher penalties for excessive whipping. Friedman said she was also encouraged by the commission's "progressive language" on cruelty used in disciplinary decisions. ment as in the former act, the only offence was for breeding operations of cats and dogs," said Friedman. But there are still challenges for $60,000 in fines, and a lifetime ban on owning animals for caus- ing harm to them. "This was a huge amend- sion, Friedman was the first gen- eral counsel at the Ontario Society for the Prevention of Cruelty to Animals. The position involved appearing on its behalf before the Animal Care Review Board and prosecuting provincial offences. In 2009, the Provincial Animal Welfare Act strength- ened the OSPCA' lishing standards of care for ani- mals and introducing penalties of up to two years' imprisonment, s hand by estab- the organization when it comes to the court system. Some justices of the peace are reluctant to impose fines, Friedman said, and it can also be difficult to convince the Crown attorney' Criminal Code matters. "The Crown is in a position s office to pursue of having to juggle resources and consider whether they want to prosecute a crime against an animal or a crime against a per- son," she said. "In many cases, the crimes against the person will win out." Albert Koehl, a staff lawyer at Ecojustice, told the audience about vate prosecution to advance the rights of animals. He' When your client needs direction about workplace law, turn to the firm that speaks the language. the prosecution of two Toronto building owners over injuries and deaths of migratory birds flying into their reflective win- dows. The buildings include one in Scarborough that has allegedly resulted in the death or injury of more than 800 birds in a year. "What the birds see in these windows are trees in the sky," said the creative use of pri- s leading Koehl. "So seeing these safe places, they fly towards them. It' windows and how many windows there are. The birds are usually killed at the bottom floors, up to about the tree line. s to do with the nature of the lisions result in the deaths or injuries of close to a million birds each year in Toronto. The city has developed its own bird-friendly development guidelines for build- ers in the city, but it' Koehl estimates building col- " program. Koehl says potential solutions "aren't that complicated. For over 50 years, Mathews Dinsdale has represented employers in all areas of workplace law. In fact, we have been involved in many of the cases that have helped define the landscape of Canadian workplace law. For all matters related to the workplace, speak to us first. 416.862.8280 mathewsdinsdale.com Workplace Law Spoken Here A masking tape-style film on the window breaks up the reflection and sends the message to birds that it isn't safe. Koehl' s a voluntary " vision of Ontario's Environmental s prosecution uses a pro- Protection Act that bans people from discharging contaminants if they cause an adverse effect. He argued the broad definition of contaminant includes reflected light coming from the windows. One trial has wrapped up with a decision due later this year. The second trial is still in progress after nine days of evidence. Koehl, who has a history as a prosecutor for the Ministry of the Environment, said it has been a struggle to get by without the resources of a government department. " thing is you've got an investiga- tive enforcement branch full of trained professionals. In a small organization, you're not going to have that." LT Untitled-1 1 www.lawtimesnews.com 12-07-04 10:13 AM to do with how tall the buildings are. It' s nothing July 9, 2012 • law Times At the ministry, the nice

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