The Case for Legal Personhood for Nonhuman Animals and the Elimination of their Status as Property in Canada

This article proposes that the legal relationship between humans and nonhuman animals in Canada must be redefined. It will be shown that the current Canadian legal system is based on the assumption of human superiority, which has resulted in the interests of nonhuman animals being given little to no legal consideration since at law they are merely property. This conceptualization of our relationship with nonhuman animals, and the resulting harm that it causes to them is in direct conflict with developments over the last century in science, ethics, and the laws, policies and jurisprudence of various countries. These developments support the argument that nonhuman animals are entitled to have their interests considered in law. This article proposes that the relationship in Canada be redefined to eliminate the property status of nonhuman animals, and that the new relationship should take the form of nonhuman animals being granted the status of legal persons.MAS