Update on the OSPCA Act Application

Published July 1, 2016

On October 18, 2013, an application was filed with the Ontario Superior Court of Justice to question the constitutionality of the Ontario Society for the Prevention of Cruelty to Animals Act [the OSPCA Act]. This application has been brought in the public interest to settle a number of questions and concerns respecting the constitutionality of the subject legislation. Here is an update on where we are.

This has been a slow process. In a move to stop the Application, the Attorney General of Ontario filed a motion on June 10, 2015 to strike out the Application. Had the motion been successful, the Application would have been dismissed.

However, almost a year after the motion to strike was filed, the Honourable Mr. Justice J.M. Johnson of the Superior Court of Justice ruled against the motion. See the Decision at http://www.fixthelaw.ca/wp-content/uploads/2016/06/Decision-16-06-15.pdf. As a result of the decision, the Application will proceed to be determined on its merits.

This is good news for those who own animals in Ontario: the purpose of this application is to seek a declaration from the Court respecting the constitutionality of the OSPCA Act. The objective of this application is not to undermine the protection of animals. On the contrary, if this application is successful, it is expected that the law will be changed to ensure that animals are better protected in a manner expected by Ontario residents.

For more information, please read the press release at http://www.fixthelaw.ca/wp-content/uploads/2016/06/PressRelease-16-06-15-AG-Motion.pdf.

Visit www.fixthelaw.ca to find out more about this Application, the Process, and how to contribute.

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