CLE Online

Welcome and Land Acknowledgement (9:00 – 9:10)

V. Victoria Shroff — Shroff & Associates (Shroff Animal Law), Adjunct Professor of Animal Law, Allard School of Law (erstwhile), and Faculty Member, School of Legal Studies, Capilano University, Vancouver

Animal Law: Theoretical Frameworks (9:10 – 9:30)

• legal treatment of animals—historically and currently

Professor Maneesha Deckha — Professor and Lansdowne Chair in Law, Faculty of Law, University of Victoria, Victoria

Overview of Animals in Mainstream Legal Practices (9:30 – 10:15)

• access to justice issues involving animals generally
• will be covering
  • pet custody issues (family law, ownership disputes)
  • "dangerous" dogs
  • contracts/issues involving animals and the law, intersection with various laws
  • housing issues, wills and estates and animals, and more

V. Victoria Shroff — Shroff & Associates (Shroff Animal Law), Adjunct Professor of Animal Law, Allard School of Law (erstwhile), and Faculty Member, School of Legal Studies, Capilano University, Vancouver

View from the Bench—Why is Animal Law Important? (10:15 – 10:45)

A cornerstone of the rule of law is that judges apply the law, and that includes the law applicable to any case involving animals. The Provincial Court has jurisdiction to deal with family, small claims, criminal, traffic, ticket, and bylaw cases. In most of these areas, it is possible for issues involving animals to arise. We not only hear cases involving animals, but on occasion animals have also appeared in our court, such as accredited Canine Assisted Intervention dogs, which may sit with a witness to calm them while the witness provides testimony. (The Honourable Chief Judge Gillespie: BC Provincial Court, November 12, 2020 (page 51, Canadian Animal Law (Lexis-Nexis 2021) V. Victoria Shroff))

• animal law in the Provincial Courts
• key cases involving domestic animals and wildlife
  • Whistler bear case: R. v. Stevikova, 2021 BCPC 235
  • Prevention of Cruelty to Animals Act: R. v. Chrysler, 2013 BCPC 240
• animal participation in the courtroom
• access to justice issues

The Honourable Chief Judge Melissa A. Gillespie — Provincial Court of BC, Vancouver

BREAK (10:45 – 11:00)

Animal Cruelty in Canada's Justice System (11:00 – 11:30)

• Criminal Code and animal protection
• animal cruelty cases under Provincial Statute
• case studies
• tips for prosecuting and defending animal cruelty
• major characteristics of the way animal cruelty offences are handled in Canada; everything from the charges to sentences
• how low the threshold or how high of a threshold is it for convictions of unnecessary pain, suffering, or injury to the issue of deterrence, denunciation and rehabilitation of the offenders
• review of seminal case of R. v. CHEN (November 2021, ABCA) which looks at how animal cruelty is to be seen and treated in the justice system

Alexandra Janse — Crown Counsel, BC Prosecution Services, Kamloops
Christian Lim — Senior Crown Counsel, Alberta Justice, Edmonton

Animals, Administrative Law, and Wildlife (11:30 – 12:00)

• basics of administrative law 
• regulatory schemes involving animals
• unique issues posed by challenging administrative decisions involving animals
• discussion of cases including those involving fur farming, cetacean captivity, powers of conservation officers to euthanize animals

David Wu — Arvay Finlay LLP, Vancouver

Developing an Animal Law Practice (12:00 – 12:15)

• the future of animal law, locally and internationally and why it is a viable practice area
• tips for starting your own animal law practice as part of your existing practice

V. Victoria Shroff — Shroff & Associates (Shroff Animal Law), Adjunct Professor of Animal Law, Allard School of Law (erstwhile), and Faculty Member, School of Legal Studies, Capilano University, Vancouver

Q & A and Closing Comments (12:15 – 12:30)

Professor Maneesha Deckha — Professor and Lansdowne Chair in Law, Faculty of Law, University of Victoria, Victoria
V. Victoria Shroff — Shroff & Associates (Shroff Animal Law), Adjunct Professor of Animal Law, Allard School of Law (erstwhile), and Faculty Member, School of Legal Studies, Capilano University, Vancouver
David Wu — Arvay Finlay LLP, Vancouver