The Quebec Court of Appeal is currently considering arguments presented on Wednesday regarding the legal protection of the right to own pets.
In a ruling last March, Judge Suzanne Guèvremont of the housing tribunal declared that clauses in leases prohibiting pets infringe on Charter rights related to freedom and privacy.
Judge Guèvremont also emphasized the necessity for legal precedents to adapt alongside the evolution of animal protection laws, which acknowledge the special bond between humans and their pets.
The case arose when a tenant, identified as M Desjardins, who had adopted a lease containing a no-pet clause, found that their pets (a dog and a cat) were not causing any disturbances, and other pets in the building were tolerated at the time.
Subsequently, the building’s owner, Amilis, acquired the property and enforced the no-pet policy.
During the proceedings, Amilis’s legal representative, Damarys Pineda, contended that Judge Guèvremont had exceeded her jurisdiction by assuming the role of the legislature, which is responsible for regulating pet clauses in leases.
Pineda argued that the no-pet provision was implemented to safeguard the well-being of all tenants and that it would be unreasonable to compel landlords to permit pets in their premises against their wishes.
She further contended that while agreements between landlords and tenants are feasible, any tenant can now challenge a no-pet clause by invoking the Charter.
Desjardins’s attorney, Kimmyanne Brown, emphasized that Judge Guèvremont’s ruling pertained solely to Desjardins and not universally.
Court records revealed that Desjardins required pets for animal-assisted therapy to cope with anxiety, depression, and post-traumatic stress. Brown clarified that the court’s authority is limited to issues raised in the original case, such as concerns for individuals allergic or fearful of animals.
The SPCA also participated in the case, with lawyer Marie-Claude St-Amant arguing that pets are now regarded as family members under current legislation, thus asserting that Desjardins’s rights had been violated.
St-Amant disclosed that she invited the Quebec Attorney General’s office to intervene in the matter, but the request was declined. She maintained that this response substantiates that Judge Guèvremont did not overstep her boundaries.
SPCA spokesperson Julie Gaillard expressed anticipation for a series of potential appeals in this case post-hearing, suggesting a possible escalation to the Supreme Court.
