Agricultural Law Netletter - Sunday, January 7, 2018

HIGHLIGHTS

* A Justice of the British Columbia Supreme Court acknowledged the standing of a British Columbia animal protection Association to bring a Court application to consider whether or not a British Columbia conservation officer had the authority to euthanize a bear cub under the British Columbia Wildlife Act. The Justice held that even though this authority was not expressly provided under the Act, the conservation officer did have the authority to do so long as the euthanization was consistent with the purpose of the Wildlife Act to manage wildlife. The Court considers, in some detail, the distinction between wild animals and domestic animals, and the authority of the Province of British Columbia to manage wildlife under the Wildlife Act. (Assn. for the Protection of Fur-Bearing Animals v. British Columbia (Minister of Environment and Climate Change Strategy), CALN/2018-001, [2017] B.C.J. No. 2560, British Columbia Supreme Court)

* The Associate Chief Justice of the Alberta Court of Queen's Bench denied the application of Zoocheck Canada Inc. for a declaration that it has public interest standing to contest the decision of the Alberta Minister of Environment & Parks to issue a zoo permit to a Zoo under s. 13(1) of the Wildlife Act (Alberta). The Court concluded that the application for judicial review did not seek to address issues relating to whether or not a license should be issued, but rather to an animal protection issue related to an elephant in the Zoo. The decision was characterized as a collateral attack on a previous decision of the Alberta Court of Queen's Bench and the Alberta Court of Appeal regarding the elephant. (Zoocheck Canada Inc. v. Alberta (Minister of Agriculture and Forestry), CALN/2018-002, [2017] A.J. No.

1333, Alberta Court of Queen's Bench)

NEW CASE LAW

Assn. for the Protection of Fur-Bearing Animals v. British Columbia (Minister of Environment and Climate Change Strategy);

CALN/2018-001,

Full text: [2017] B.C.J. No. 2560;

2017 BCSC 2296,

British Columbia Supreme Court,

G.C. Weatherill J.,

December 13, 2017.

Domestic Animals and Wild Animals -- Authority to Manage Wildlife.

The Association for the Protection of Fur-Bearing Animals (the "Association") and Tiana Jackson brought an application for an Order:

Granting the Association public interest standing. In the nature of certiorari or, in the alternative, an Order in the nature of prohibition directing and requiring the British Columbia Conservation Officer Service not to kill wildlife except in circumstances permitted in s. 79 of the Wildlife Act, RSBC 1996, c. 488 (the "Wildlife Act"); 3. Declaring that the killing of the bear cub was unlawful. The application was opposed by the Minister of Environment and Climate Change for the Province of British Columbia (Conservation Officer Service), and Micha Kneller (collectively the "Minister").

On May 6, 2016, Tiana Jackson discovered an orphaned bear cub on the road near her home in Dawson Creek, British Columbia. Ms. Jackson reported the finding to the RCMP who in turn contacted the British Columbia Conservation Officer Service. A Conservation Officer (the "Officer") took possession of the bear cub and euthanized it in spite of having been...