Canada’s Proposed Jane Goodall Act is the Right Way to Go

We were delighted to see The Jane Goodall Act reintroduced to the Canadian Senate in March of this year.  This proposed bill (also known as S-241) would remake the landscape in animal welfare, giving Canada some of the strongest legal protections for animals under human care.  Should it pass, likely in a year or two, it would help set a positive example for the rest of the world. 

The list of protected species has been significantly expanded since the bill’s original introduction in 2020.  Building on the so called ‘Free Willy’ act of 2019, which will eventually end cetacean captivity in Canada, this legislation would also phase it out for other species that do very poorly in these conditions – such as elephants.  It would also raise the standards of care for a great many species, and provide for criminalization in the case of more serious violations.

“Today is an important day for animals. So many of them are in desperate need of our help and the Jane Goodall Act establishes protection and support for animals under human care. It is a monumental step forward for animals, people, and the environment. I am honoured to lend my name to this world-leading legislation that is supported by a wonderful coalition of government, conservationists, animal welfare groups and accredited zoos. Together we can and will provide a voice for those who cannot speak for themselves and put an end to the misery that is wildlife trafficking.”

Jane Goodall

Among the beneficiaries of this legislation will be the hundreds of thousands of animals across Canada that should live in the wild, but instead are subjected to the cruelties and deprivations that are a part of life in entertainment venues of all sorts.  Whether bred in captivity or having been forcibly removed from their natural habitats, many of these animals deserve much better when brought under the care of humans.  It’s time we move to end for-profit coerced performances of unnatural acts by animals forced to dwell in artificial environments.  We’ve permitted this exploitation to go on far too long.  

S-241 could provide for breeding and acquisition bans for more 800 species, and effectively prohibit their use in entertainment.  Such use has been increasingly debated with the rise in public awareness in recent years, getting a boost from documentaries like The Tiger King.  These do a good job of exposing the abuses that routinely take place in venues like roadsides zoos, of which Canada has a good number.  The scientific community has also built up an impressive body of knowledge over the years on issues affecting animal welfare.  We also know much more about how our interactions with wild animals can have serious implications for human health and safety.

So along with notorious roadside zoos, gone will be a number of other forms of inhumane treatment that cause severe stress and suffering.  These include swim with dolphin programs, elephant rides, cub petting and wildlife selfies.  When the best interest of the animals is genuinely considered, such activities can only be seen as what they are – exploitive and unnecessarily cruel.  

If passed, another area where we’d expect this bill to ameliorate the present situation is the global commercial trade in wildlife.   At present, the international trade in wild species (including exotic pets) puts enormous pressure on wild populations.  It imposes tremendous suffering on individual animals through their capture, transport and long-term confinement.  It also runs the risk of transferring zoonotic diseases into human populations – a phenomenon we ought to be familiar with by now.  

S-241 would mean that only animal care organizations that meet a strict set of criteria could keep, breed and do research with these wild species.  And only if they can certify that it has a legitimate conservation goal and is in the animals’ best interest.  Providing rehabilitation to an injured animal would be an example.

We at CCA gladly give our support to the enhanced version of this bill.  It will address a host of issues so vital to our post-pandemic world and what we’ve learned.  We would like to attach the following caveat, however.  When the bill reaches its final form, we hope that it will retain much of the essence of the original version.  

When first introduced, it focused mainly on elephants, great apes, and cetaceans.  It is a very good thing that it now includes expanded protections for more than 800 wild animal species!  No question about that.   But, when it comes to establishing priorities, such as which species should be first in line when we consider to whom we should grant legal standing in our society – there is absolutely no doubt that the original bill hit the mark precisely.  We need to keep that in mind as we deliberate the details.

Because of the nature and intelligence of these animals – whales, dolphins, apes & elephants – we clearly owe them the highest possible standard of care.  Their capacity to experience emotional trauma and suffering is not unlike our own.  What they go through when deprived of their liberty, or seeing others of their social units killed, or being forcibly separated from their young – these are things that would be familiar to us in both their degree and essence. They are the exceptional cases in the animal kingdom, and we need to recognize that in our laws.  With dolphins, we may even want to follow India’s lead and take up the question of personhood rights.  

If we can get this right in the final version of the legislation, we will have positioned ourselves to one day arrive at a very good place in how we define human relationships to the rest of the natural world.  We can and hopefully will cover all the important bases.  Conservation.  Ending exploitation.  Humane treatment for all species.  Legal standing for those that need to have it.  Personhood rights in special cases if we decide that’s where we need to go.

The Jane Goodall Bill can be a big step forward for Canada, and would set a great example for other parts of the world.  It’s the right thing to do.

For The Orca’s Voice, 

Phil, and the Canadian Cetacean Alliance Team