Results
| Title |
Author |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Harvard College v. Canada (Commissioner of Patents) | 2002 SCC 76 | [2002] 4 S.C.R. 45 |
The respondent applied for a patent on an invention entitled “transgenic animals”. In its patent application, the respondent seeks to protect both the process by which the "oncomice" are produced and the end product of the process, i.e. the founder mice and the offspring whose cells contain the oncogene. The process and product claims extend to all non‑human mammals. The process claims were allowed by the Patent Examiner, while the product claims were rejected. The appellant Commissioner confirmed the refusal of the product claims. The Federal Court, Trial Division, dismissed the respondent’s appeal from the appellant’s decision. At the Supreme Court of Canada, the Court held the appeal should be allowed. A higher life form is not patentable because it is not a “manufacture” or “composition of matter” within the meaning of “invention” in s. 2 of the Patent Act . |
Case | |
| Canada - Yukon Statutes - Dog Act | R.S.Y. 2002, c. 59 |
This set of laws comprises the Yukon Dog Act. The law provides that an owner must keep his or her dog fed and watered and not punish it to an extent that is cruel or unnecessary. Dogs found at large contrary to the Act are impounded for a period of five days for owners to reclaim them. The Act also states that a person may kill a dog that is running at large in the act of pursuing, worrying, injuring or destroying cattle, horses, sheep, pigs or poultry. |
Statute | ||
| Canada - New Brunswick Statutes. Sheep Protection Act | R.S.N.B. 1973, c. S-7, s. 1 - 6 |
This set of New Brunswick laws comprises the Sheep Protection Act. Under the Act, where a sheep is killed or injured by a dog, the owner of the sheep may, within forty-eight hours, notify the Minister. The Minister then appoints an investigator who reports his or her findings back to the Minister. The Minister may then recover the expenses of the investigation from the owner of the dog, and may order the destruction of the dog. |
Statute | ||
| Canadian Animal Anti-Cruelty Legislation | Charles Hall | Animal Legal & Historical Center |
This paper examines the substance and history of animal anti-cruelty law in Canada. In doing so, it discusses the controversy surrounding the last amendments to the existing law (Bill C-50) introduced in parliament last year. |
Article | |
| Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States | Sarah R. Morgan | Animal Legal and Historical Web Center |
This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats. |
Article | |
| Canada's Anti-Cruelty Laws | Jessica Pask |
Brief Summary of Canada's Anti-Cruelty Laws |
Topical Introduction | ||
| Overview of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article | |
| Detailed Discussion of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article | |
| Brief Summary of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article | |
| THE ANIMAL RIGHTS DEBATE AND THE EXPANSION OF PUBLIC DISCOURSE: IS IT POSSIBLE FOR THE LAW PROTECTING ANIMALS TO SIMULTANEOUSLY FAIL AND SUCCEED? | Peter Sankoff | 18 Animal L. 281 (2012) |
This Article uses the theory of deliberative democracy, as developed by Jürgen Habermas and others, to suggest that public discourse is essential to encouraging democratic change in animal welfare law. The author examines the legal regimes of Canada and New Zealand to determine which country better facilitates a public dialogue about the treatment of animals. The Article concludes that, while Canada has a number of laws that ostensibly protect animals, New Zealand’s regime is much better at creating the public discourse required to meaningfully advance animal protection. The author does not suggest that New Zealand’s regime is perfect; rather, New Zealand’s model is preferable to Canada’s because it allows the public to meaningfully engage in laws affecting animals at regular intervals. In Canada, generating discussion in government about animal welfare is too often left to the whim of legislators. Due to New Zealand’s model of encouraging and requiring public discourse, its protection laws have begun to surpass those of Canada, and there is reason to believe this will continue. Encouraging public discourse about our assumptions about animals fosters hope for meaningful progress in their lives. |
Article |
