Mark Hawthorne,
Striking
at the Roots
June 2017
The most rewarding part of my job is reflecting on the progress we’ve already made, and imagining how much further we’ll have shifted the paradigm in another decade or two. Ultimately, animal activists are on the right side of history, and I predict we will win this battle sooner than any of us can imagine right now.
Canadian activist Anita Krajnc was recently charged with criminal mischief for giving water to thirsty, dehydrated pigs on their way into a slaughterhouse. The charges were laid at the behest of the meat industry, but their tactic backfired: the intense media exposure and international interest in the case educated millions of people about the horrific cruelty suffered by animals in the food system.
For many activists, it just takes one thing — one event, one
conversation, one documentary, one something — to put them on a
life-changing course. For Camille Labchuk, it was seeing the annual seal
hunt on television in her native Canada. She was nine years old. “It was one
of the first times I truly became aware that society treats animals in cruel
and callous ways,” she says. It also made the seal slaughter very real,
because it was happening in her own backyard. “I grew up in Prince Edward
Island, in the Atlantic region of Canada. I knew about baby harp seals
because they would sometimes wash up on the shores of Island beaches, and to
know that they were being clubbed and skinned so close to my own home was
unbearable.”
Today, Camille is an animal rights lawyer and the executive director of
Animal Justice Canada, a national organization focused on animal law,
including law reform, litigation, investigations, and education, and the
only one of its kind in the country. Camille represents individuals and
organizations in animal law cases, defends animal advocates, and seeks out
litigation that enhances the interests of animals. Her work includes false
advertising complaints against companies making humane claims; exposing
suffering on farms; work on trophy hunting, circuses, zoos, aquariums, shark
finning, and puppy mills; and, of course, documenting the commercial seal
kill on Canada’s East Coast.
I appreciate Camille taking time from her very busy schedule to answer some
questions about her work, animal law in Canada, and her advice for anyone
arrested for animal activism there.
Can you give me a sense of how difficult your job is? What is the
hardest part? And what is the most rewarding?
I truly believe I have the best job in the world. The law is such a powerful
tool for social change, and being at the cutting edge of the new field of
animal law in Canada is an honor and a privilege. Sure, constantly watching
footage of animal cruelty can be difficult, and it’s always crushing to lose
a court case or see politicians vote down an important law. But I couldn’t
live with myself if I wasn’t fighting to end animal suffering and bring our
legal system in line with Canadian values.
The most rewarding part of my job is reflecting on the progress we’ve
already made, and imagining how much further we’ll have shifted the paradigm
in another decade or two. Ultimately, animal activists are on the right side
of history, and I predict we will win this battle sooner than any of us can
imagine right now.
How would you characterize the state of animal law in Canada? Are
you seeing improvements in protections for animals?
Canadians think of our country as kind, polite, and progressive, but those
attitudes are not reflected in our animal protection laws, which are widely
considered among the worst in the western world. Canada is one of very few
western democracies without national animal welfare legislation to set
standards for animal confinement, use, and slaughter. The few federal animal
cruelty laws that do exist haven’t been updated since the 1950s, and the
federal government recently blocked an attempt to modernize these
protections to ensure sadistic animal abusers do not continue to escape
criminal prosecution for their violence.
The vast majority of animals held captive and slaughtered in Canada are
farmed animals (more than 771 million in 2016, not including fishes — their
lives are measured in tonnes). Yet the federal government doesn’t regulate
on-farm conditions for animals, essentially letting the farming industry set
its own standards. Canada’s farmed animal transport laws are 40 years old,
and a recent government proposal to update the laws would still allow
animals to be transported for days at a time without food, water, or rest,
and suffer and die from exposure to Canada’s blistering heat and extreme
cold.
There is also disturbingly little oversight of animal experimentation in
Canada, with only voluntary, non-legal standards for laboratories existing
at the national level. The Canadian public has no meaningful access to
laboratory records, inspections, and outcomes, and thus no way to oversee
what is happening behind closed doors in animal experiments.
Canada still subsidizes the commercial seal slaughter, the largest mass
slaughter of marine mammals on the planet, done for seal fur. Encouragingly,
the number of seals killed is dropping dramatically as countries around the
world close their borders to commercial seal products.
The laws that do protect animals in Canada are chronically under-enforced.
Canada largely leaves enforcing animal protection laws to private SPCAs and
humane societies — charities that must raise money to cover their operation
and enforcement costs.
Yet there are glimmers of hope. Undercover investigations over the last five
years have helped expose hidden abuse in the farming industry, in
laboratories, and in zoos and aquariums. There is a bill before Parliament
that would ban keeping whales and dolphins in captivity; the province of
Ontario recently banned orca whale captivity; and the Vancouver Parks Board
recently stopped the Vancouver Aquarium from continuing to confine
cetaceans. There are also federal bills that would outlaw cosmetic tests
performed on animals and ban shark fin imports into Canada.
Animal lawyers are also starting to advocate on behalf of animals in
courtrooms, such as in the Supreme Court case of R. v. D.L.W., a disturbing
case about the sexual abuse of animals. The Court accepted the argument of
intervener Animal Justice and ruled that protecting animals is a fundamental
societal value — the strongest-ever statement on animal protection from the
country’s top court and an incredible precedent. And in a case involving an
elephant named Lucy, imprisoned by herself at the Edmonton Zoo, the chief
justice of the Alberta Court of Appeal wrote an incredibly dissenting
judgment recognizing the interests of nonhuman animals.
Animal law issues are constantly in the news in Canada and are becoming a
real part of the national conversation.
How important do you think it is for animal cases like these to get
exposure in the media?
Getting media attention for animal law cases can sometimes be just as
important as the outcome of the case. For instance, Canadian activist Anita
Krajnc was recently charged with criminal mischief for giving water to
thirsty, dehydrated pigs on their way into a slaughterhouse. The charges
were laid at the behest of the meat industry, but their tactic backfired:
the intense media exposure and international interest in the case educated
millions of people about the horrific cruelty suffered by animals in the
food system. Anita Krajnc was acquitted following a trial, but the real
victory of the case is that she succeeded in putting the meat industry on
trial for unimaginable animal abuse.
Media attention can also influence the outcome of a case. In one recent
Canadian case, a compassionate police officer was charged with misconduct
after rescuing a kitten from a bad situation in drug den. Why? Because the
kitten was property, removed without the owner’s consent. Animal Justice
filed an application to intervene, and we helped turn the case into a major
media story. When we showed up to argue our case, the prosecution agreed to
settle, confirming that police have an obligation to rescue animals as part
of the general police duty to preserve life. This helped ensure there won’t
be a chill effect on animal rescue.
Does the law reflect the way society views animals?
I’m a firm believer that society leads the law — not the other way around.
In other words, politicians and judges will only create new legal standards
that reflect attitudes the public already holds. In the case of animal
protection, there has been a massive shift in public consciousness over the
last few decades about the way society should be treating animals. People
know more than every before about the horrific suffering endured by animals
used for food, fashion, experiments, and entertainment, and they want this
to end. The law hasn’t yet caught up to societal attitudes about animals,
but animal advocates and animal lawyers are beginning to make progress. Our
job is to enshrine these values into court judgments and legislation.
What advice do you have for activists who would like to practice
animal law in Canada?
Animal law in Canada is still a very new field of practice, and would-be
animal lawyers must be bold in charting their own courses and seeking out
opportunities. My own path led me to practice criminal law for several years
before starting up my own animal law practice. I volunteered part-time with
non-profit animal law organization Animal Justice at the same time, and
helped build the organization up from a small team of volunteers into a
larger, national organization. This eventually led to full-time employment
in animal law.
There are still very few paid animal law positions in Canada, so I recommend
having a back-up plan in the early stages. Find an area of legal practice
that pays the bills, and volunteer your spare time by doing pro bono legal
work for animal protection organizations. I made a point of volunteering for
as many animal protection organizations as possible before, during, and
after law school, and it was these contacts that helped me get enough work
to pay the bills while I had my own animal law practice. If you can make the
jump to full-time animal law practice or working for a non-profit, go for
it!
You’ve also represented animal rights activists. Do you have any
advice for people who find themselves arrested for engaging in activism in
Canada?
First, don’t talk to the police — I meant it, not a word! Second, call
Animal Justice. We vigorously defend the rights of animal advocates; without
people to speak up on their behalves, animals won’t have a voice in our
political and legal systems. Activism is essential to animal protection. We
help connect activists with top-notch criminal lawyers who can help defend
against activism-related prosecutions.
Lastly, do you have any advice for animal lovers who want to lobby
their legislators on animal issues?
Lobbying our political representatives is essential to helping animals.
Politicians are under immense pressure from the billion-dollar industries
that harm animals, and unless politicians hear loudly and clearly from
constituents who care about animals, nothing will ever change.
Meet with your legislators often — that’s federal, provincial, and municipal
— and bring as many friends or family members from the community as you can.
Come armed with facts and a specific ask, such as supporting or introducing
a piece of legislation. Make sure your legislators know they won’t get your
vote unless they support animal protection issues. After a meeting, a phone
call is your second best option, followed by sending an email. Political
staff track the number of phone calls and emails they receive on an issue,
and most politicians pay close attention to the mood of their constituents.
And don’t do this just once: make a point of reaching out regularly to
legislators.
During elections, it’s important to find and support animal-friendly
candidates — volunteer to knock on doors, make phone calls, and donate!
Legislators remember the people that help them get elected, and you can use
this goodwill to ensure they do the right thing once in office.
To follow Camille’s work, please give the Animal Justice Canada Facebook page a like!
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