Thursday 2 July 2015

Ditch no-pet clause in Quebec- the message is out there

Quebec animal welfare advocates wants province to ditch no-pet clause

Abandoned pets a serious issue on Quebec's moving day

By Sidhartha Banerjee, The Canadian Press Posted: Jul 01, 2015 9:05 AM ET Last Updated: Jul 01, 2015 3:29 PM ET
Smokey, right, and her kitten Milou are shown here in their temporary home at the Montreal SPCA on Tuesday.
Smokey, right, and her kitten Milou are shown here in their temporary home at the Montreal SPCA on Tuesday. (CP Handout/Montreal SPCA/Anita Kapuscinska)
Quebec shelters are bracing for the annual influx of animals left behind during the province's "moving day," although advocates are hopeful the government will eventually consider ditching a no-pet clause invoked by landlords.
Every year, thousands of Quebecers switch addresses on July 1, the date most apartment leases expire.
Mass moves coupled with the legal right of landlords to insert no-pet clauses in leases result in a dearth of animal-friendly rental accommodations and leave many pets in shelters or on the street.
"It's really sad to be seeing families torn apart like this," said Anita Kapuscinska, spokeswoman for the Montreal branch of the Society for the Prevention of Cruelty to Animals.
"The majority of people that are affected are those with limited incomes because their choice of residence is limited as well."
Quebec introduced a bill earlier this year that, if passed, would see the status of animals upgraded from "movable property" to "sentient beings."
Kapuscinska said advocates will recommend an amendment to that bill during consultations later this year to end the no-pet clause, which they call discriminatory.

Petition calls for changes

A 22,000-name petition calling for the change was presented to the provincial legislature in June.
"We're going to work tirelessly to amend our Civil Code to include a prohibition of the categorical use of no-pet clauses," Kapuscinska said.
Hans Brouillette, a spokesman for an association representing Quebec landlords, says members have had bad experiences with pets and want to maintain the status quo.
Brouillette said landlords were surveyed a few years ago and about three per cent were OK with tenants having a dog while 19 per cent were open to it under conditions. They were more flexible when it came to cats.
'We are very, very certain that if the no-pet clauses in residential leases were declared null and void, our abandonment rates would drop significantly during this period.'- Anita Kapuscinska, Montreal SPCA
He said it's often other tenants who complain about pets, citing factors like noise, safety and cleanliness.
The clause is often ignored, according to Brouillette, with landlords finding a wide array of unexpected animals as tenants come and go — from the typical cats and dogs to pigs and snakes in more exceptional cases.
The SPCA wants Quebec to take inspiration from places like Ontario, Belgium and France, which have invalidated clauses prohibiting pets in rental properties while ensuring proper recourse if there's animal-related damage.
But Brouillette suggested the clause helps prevent problems such as lengthy delays for hearings and decisions at the province's rental board.
"There's no way for them to be sure the tenant will respect the rules, correct the situation and pay the landlord if there's any damage," Brouillette said.
Capacity at the busy Montreal shelter nearly triples this time of year — from 600 in a typical month to 1,600 per month between early June and late August as tenants struggle to find pet-friendly apartments.
"We are very, very certain that if the no-pet clauses in residential leases were declared null and void, our abandonment rates would drop significantly during this period," Kapuscinska said.
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Sunday 7 June 2015

A great step forward for animal welfare in Quebec

Quebec to amend Civil Code to

 better protect animals from

 abuse

Quebec looks to revamp animal welfare laws to be more in step with European Union on eve of trade deal

By Martin Ouellet, The Canadian Press Posted: Aug 09, 2014 9:21 AM ET Last Updated: Aug 09, 2014 9:21 AM ET
Once the Quebec Civil Code is amended, cats, dogs and other animals will no longer be considered as "personal property" but as living, "sentient" creatures.
Once the Quebec Civil Code is amended, cats, dogs and other animals will no longer be considered as "personal property" but as living, "sentient" creatures. (CBC)
Quebec's new agriculture minister is promising to clean up the province's bad reputation as one of the best places to be an animal abuser.
Pierre Paradis said new legislation is in the works that will redefine the status of an animal in the province's Civil Code and improve its protection.
"I want to go as quickly as possible," Paradis told The Canadian Press. "It's among my legislative priorities."
Once the Civil Code is amended, cats, dogs and other animals will no longer be considered as "personal property" but as living, "sentient" creatures. That is a formula that has already been adopted by several European countries.
He said he has reached an agreement in principle with Justice Minister Stéphanie Vallée that would give critters more status before the courts than inanimate property such as a chair or table.
'If you're not part of this movement, you're going to be excluded.'- Pierre Paradis, agriculture minister, on adopting new animal welfare rules
"We were inspired by what was done in France, where they redefined the concept of the animal as a being that is capable of feeling pain," Paradis said. "We're looking into the judicial consequences of that but we don't want it (the animal) to remain personal property."
The change in status means the courts will consider pain and suffering when imposing penalties or fines on abusers.
While recognizing the sentient nature of an animal will not give it the same type of rights as for humans, it will increase the obligations on owners and breeders toward their charges.
Paradis noted that there is a demand for better treatment of animals and it has already been heard in Europe.
"We're seeing how things are evolving in Europe on agricultural farms — there are larger cages for pigs and more space for chickens. If you're not part of this movement, you're going to be excluded."

Deal with Europe an influence

Indeed, the commercial impetus for laws protecting animals is as key as the humanitarian one.
Paradis noted competitors could squeeze Quebec out of the market if it doesn't treat its animals better.
"We're right in the middle of a free-trade deal with Europe and we will be affected if we do not adjust," he said.
The agriculture department is responsible for carrying out inspections and Paradis said the tight financial situation prevents adding resources. The department's 250 inspectors are charged with ensuring the quality of food and agricultural infrastructure as well as the well-being of animals.
Paradis has not been idle in the meantime when it comes to animal rights.
In June, he announced the establishment of a 24-hour, seven-days-a-week tip line where people could report animal abuse.

Quebec has long road ahead

The initiative has drawn praise from Quebec's Order of Veterinarians.
However, Quebec has a long way to go in its fight to protect its four-footed residents.
The province has long been criticized for being home to miserable puppy mills. Mistreated calves were discovered recently on a farm in Pont-Rouge.
The San Francisco-based Animal Legal Defense Fund also recently put Quebec among the best places to be an animal abuser.
The province and Nunavut were cited in the June 16 statement as having the worst animal protection laws in Canada. Ontario, Manitoba, British Columbia and Nova Scotia were credited with having the best laws.
It was not the first year Quebec has been singled out.
"Gandhi said the evolution of a society can be judged in the way it treats its animals," said Paradis. "There's room for evolution here."
Quebec's intentions are drawing some praise.
Martine Lachance, director of a research group in animal law at the Université du Quebec à Montréal, welcomed the idea of abandoning the notion of animals as "property."
"We're telling people, 'you can no longer treat animals as inert, property with no emotions,'" she said. "This will force people to be aware, it will force the courts to act. There will be change, that's for sure."
Once the Civil Code has been updated, "Quebec judges will have no choice, in my opinion, to be a bit more coercive," she said.