Jane Goodall Act - Bill S-241

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The Jane Goodall Act is a proposed legislation in Canada that aims to protect the welfare and rights of captive wild animals. The bill would ban the import, breeding, and captivity of elephants in Canada, and restrict the keeping of over 800 species of wild animals by individuals and most zoos. The bill would also grant limited legal standing to animals, allowing specially-appointed "animal advocates" to represent their best interests in court cases involving violations of anti-captivity laws.

Background

The bill is named after Jane Goodall, a renowned primatologist and animal rights activist, who endorsed the bill and testified in its favour at the Senate committee. The bill builds on the precedent set by the Ending the Captivity of Whales and Dolphins Act (Bill S-203), which was passed in 2019 and banned the captivity of whales and dolphins in Canada.

The bill was introduced in March 2022 by Senator Murray Sinclair, a former judge and chair of the Truth and Reconciliation Commission of Canada. Sinclair stated that the bill was inspired by his Indigenous worldview that all life forms are interconnected and interdependent, as well as by scientific evidence that shows that wild animals suffer in captivity.

Provisions

The bill would amend the Criminal Code to create offences respecting cetaceans, great apes, elephants and certain other non-domesticated animals in captivity, including respecting captive breeding. It would also amend the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import, export or interprovincial transportation and captive breeding of those animals.

The bill would designate over 800 species of wild animals as "designated animals", which would be subject to the anti-captivity provisions. The list includes big cats, bears, monkeys, wolves, sea lions, walruses, crocodiles, and many others. The Governor in Council would have the power to add or remove species from the list after consulting with experts and stakeholders.

The bill would also create a new category of "eligible animal care organizations", which would be exempt from some of the anti-captivity provisions if they meet certain criteria, such as adhering to high standards of animal care, supporting conservation efforts, providing rehabilitation to animals in distress, conducting non-harmful scientific research, and engaging in public education. The Minister of Environment and Climate Change would have the authority to designate such organizations and issue them permits for certain activities involving designated animals.

The bill would also grant limited legal standing to animals, allowing specially-appointed "animal advocates" to represent their best interests in court cases involving violations of anti-captivity laws. The animal advocates would be nominated by provincial animal welfare authorities or non-governmental organizations, or be professionals in animal science, veterinary medicine or animal care. The Governor in Council would designate one or more animal advocates for each province.

Support and opposition

The bill is supported by various animal welfare organizations, such as Animal Justice, Zoocheck, and the Jane Goodall Institute of Canada. They argue that the bill would protect wild animals from suffering and exploitation in captivity, promote their conservation in their natural habitats, and recognize their inherent value as sentient beings.

The bill is opposed by some zoo operators and Conservative senators, who argue that it would harm conservation efforts and infringe on provincial jurisdiction. They contend that some zoos play an important role in educating the public, rescuing injured animals, breeding endangered species, and supporting field research.

Legislative history

The bill was introduced in March 2022 by Senator Murray Sinclair as a private member's bill. It passed its first reading on March 24, 2022. It passed its second reading on June 21, 2023 with a vote of 55-23-5. It is currently undergoing committee study before the third and final reading.

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