Pets are Family: Canada’s small steps towards a brighter future for pet rights

petdisputeclinic
Nov 1
4 min read

How are pets treated under Canadian Law during separations?

Do you think of your pet as part of the family? A fuzzy roommate (that never does the

dishes)? A fur baby? Or even a best friend? Nowadays, I think you would say yes to at least one of these questions, along with most Canadians. Our law, however, has not caught up.

In most Canadian provinces, pets have been viewed as property.[1] This can get messy when pet owners get separated, as historically, pet custody has been treated no differently than deciding who gets to keep the car. This means, for example, if your partner purchased your pet, they may be considered the legal owner.

Any time, labour, or love you’ve invested towards your furry friend may still be considered, but courts favour the hallmarks of “ownership” like purchases, adoption certificates, and more.[2]

If you are a pet owner, you may be disturbed by this fact… and rightfully so. This legal limitation can be weaponized by spiteful exes during a separation to create further conflict during relationship disputes, and can cause unnecessary stress for both you and your beloved pet.

Thankfully, Ontario and British Columbia have made small but meaningful progress towards modernizing their legal treatment of pets to make sure any fluffy family members get placed in the best home for them during a separation. We are seeing a nation-wide shift in how we view pets, which hopefully can be written in our legislation itself.

How has Ontario widened its legal approach to pet ownership?

A recent Ontario court case, Coates v. Dickson 2021 ONSC 992, outlined a broader list of questions that courts should consider when deciding ownership of a pet during a separation dispute. Some of the main points include:

Was the animal owned or possessed by one of the people before their relationship began?
Were there any agreements (direct or implied) regarding ownership of the pet?
Who purchased and/or raised the animal?
Who cared for and controlled the animal?
Who bore the burden of caring for and comforting the animal?
Who paid for the animal’s care?
What happened to the animal after the relationship changed or ended? [3]

In short, while money spent still plays a factor in deciding ownership, Ontario Courts deciding ownership of pets in a separation will now also consider who truly cared for the pet during the relationship.

See our blog post: Paws and Possession explaining the Coates Decision.

How has British Columbia widened its legal approach to pet ownership?

As of January 2024, British Columbia has gone even further than Ontario They have amended their Family Law Act to make determining the ownership of “companion animals” (pets kept for the purpose of companionship, not for work or business purposes) look more like a child custody battle.[4] For example, when separating spouses are disputing over pet ownership, Courts will now consider factors like:

To what extent did each spouse cared for the companion animal?
Is there a history or risk of family violence?
Has there been any cruelty or threat of cruelty from either spouse?
Is there a bond between a child and a companion animal?
What is the willingness and ability of each spouse to meet the needs of the companion animal? [5]

This is very similar to the factors of a “Best Interests of the Child” analysis currently present in our Canadian Divorce Act.

The amendments above take a pet’s overall wellbeing into closer consideration, emphasizing pets as sentient beings under the law, and even as integral parts of a family. This reflects most Canadian’s view of their pets being different, and even more valuable, than an old

Moving outside Canadian Law:

The UN Convention on Animal Health and Protection (UNCAHP) is a recent United Nations body dedicated to protecting wildlife - including pets.[6] Any country that signs their proposed treaty (currently being drafted) would be bound by its obligations to protecting their natural animal diversity.

We would see great strides in animal abuse, poaching, hoarding, forced breeding, and pet-mill cases. Seeing the steps our provinces are taking for pets, we strongly advocate for Canada ratifying this treaty once it is released.

Why is this important?

These changes are great for pets, their families, and Canadian Law in general. Pets are

safer during separations, for example, as more pets will be going to homes that can not only fund them, but also provide them with the most loving care. Additionally, children whose parents are separating are less likely to lose their pets during an already stressful period.

Though Canadian law still has a long way to go, beginning to recognize pets as living, sentient beings under the law is also a general win for animal rights. Hopefully more positive, legal changes will cascade from ones like these to ensure animals get the respect and care they all deserve under the law.

Authored by Bronwen Prince

[1] King v Mann, 2020 ONSC 108, at para 70, online: <canlii.ca/t/h2fh3>.

[2] King v Mann, 2020 ONSC 108, at para 71, online: <canlii.ca/t/h2fh3>.