Since 2015 in Quebec, the animal is no longer considered movable property, in the same way as a toaster or a mower. The adoption of the Animal Welfare and Safety Act by the National Assembly granted animals a new legal status, defining them as sentient beings with biological imperatives. Cities are also trying to provide facilities for four-legged friends, but cohabitation is not always easy.
Has the fate of animals really improved since the legislative changes of 2015? The effects of the new law may be difficult to measure at the moment, but the change is “fundamental”, believes Me Nicolas Morello, founding president of Droit animalier Québec (DAQ), a group of professionals and experts dedicated to animal rights and animal ethics.
Quebec is also the only jurisdiction in North America to have removed the status of movable property from animals, he points out. “What has changed is that the animal being is no longer a good and that we can no longer dispose of it as a good until its total destruction, as it was allowed to do before 2015. It fundamentally changes the relationship between human beings and animals,” explains Nicolas Morello. “We are starting to see the judicialization of cases, which was not possible before the law of 2015.”
From cats to deer
Five years after the legislative changes, the word “sentient” entered the Larousse dictionary. This word, whose equivalent already existed in English language vocabulary, describes the ability of a living being to feel emotions, pain and well-being. The concept of “sentience” has also been used many times by lawyer Anne-France Goldwater to plead the case of deer in Longueuil before the Court of Appeal last month.
It is on the basis of this new status that the DAQ filed, last May, an application for an injunction in Superior Court to prohibit rodeo events at the Festival western de Saint-Tite, citing animal suffering and distress. “Before 2015, it would have been impossible to do so legally,” says Ms.e Morello.
But the new law did not eliminate “puppy mills” or end instances of abuse. Again this fall, the Ministry of Agriculture, Fisheries and Food of Quebec (MAPAQ) conducted several searches, including one carried out in September in a small farmhouse in Saint-Guillaume, where more than 40 dogs and cats cohabited. In October, it was in a sled dog kennel in Lévis that MAPAQ agents cracked down on allegations of abuse. For its part, the SPCA reports having removed 84 animals from their place of custody during the year 2021.
Nicolas Morello believes that the MAPAQ has all the tools to enforce its laws, but it is still necessary to put the resources there. With the new law on animal welfare, a legislative framework has been established, but it is the courts which will define the details with the actions taken by organizations like the SPCA, the DAQ and other non-profit organizations, says- he.
Live together in the city
New legal status or not, pets occupy a big place in the hearts of Quebecers. The pandemic has also caused a wave of adoptions. A Léger survey carried out in September 2021 on behalf of the Association of Veterinary Physicians of Quebec had also revealed that more than half of Quebec households had a cat or a dog.
In the wake of Bill 128 aimed at regulating dangerous dogs adopted in 2018 by Quebec, many Quebec municipalities have dusted off their regulations on animal control. In particular, they made the sterilization of pets compulsory and limited the number of animals in each dwelling. Montreal went further by prohibiting the sale of animals in pet stores on its territory, a decision that has also been challenged in court.
But several cities are also trying to accommodate more pets in urban areas. Since October 15, dogs have been allowed in the Montreal metro as part of a pilot project. So far, the experiment is going well, and no major incident has been reported, says the Société de transport de Montréal (STM). “We observe that most dog owners comply with the terms and conditions in force, but that reminders are necessary, in particular on the wearing of the muzzle”, indicates its spokesperson, Philippe Déry.
The STM has received around 100 comments from customers since October 15, but the majority of them were received in the days following the implementation of the pilot project, which leads the transport company to say that the people reacted more to the announcement of the project than to the reality on the ground.
The issue of dog parks
But the cohabitation of humans and animals is not always easy, especially when it comes to dog parks, equipment deemed essential to promote the socialization of dogs and get them moving.
In Mile End, the Plateau-Mont-Royal borough plans to build a dog exercise area at Sans Nom Park, a small green space created in 2016. While the idea delights dog owners, it frustrates some residents of the sector, who object to this green space, frequented by families, being “sacrificed” and who fear the continual barking.
In Ahuntsic-Cartierville, a dog exercise area was temporarily created in Parc Jean-Martucci last spring to stem the problem of dogs wandering off leash in the green space. But the development could last longer than expected, to the great despair of residents of the area, who feel dispossessed of an important part of their park for the benefit of dog owners. These citizens have suggested moving the dog exercise area elsewhere in the park, but to no avail so far.
“Now our people take their cars with their children to go to Paul-Lacroix Park and other people come by car to walk their dogs in the dog exercise area. It’s nonsense,” said Alain Labelle, a resident of the area. “We have the impression that it is an appropriation of a public park by a private group”, he adds, denouncing the idea of putting dogs and children in opposition.
In Outremont, citizens are rather worried about the possible disappearance of the dog exercise area in Mali Park with the project to redevelop the Rockland viaduct. Elsewhere in Quebec, several cities, including Quebec and Lévis, have decided to close dog parks due to nuisance complaints.
Elected officials must therefore find the delicate balance between animal welfare and the tranquility of humans, imperatives that are not always compatible.