Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Charter Protection for the Great Apes: A Litigation Strategy for Animal Welfare and Animal Rights Activism in Canada

Authors: David Frank Shultz;

Charter Protection for the Great Apes: A Litigation Strategy for Animal Welfare and Animal Rights Activism in Canada

Abstract

This paper analyzes the possibility of extending Charter protection to the non-human great apes (orangutans, gorillas, chimpanzees, and bonobos). It is argued that great apes are plausibly people under Canadian law who benefit from the s.7 Charter right to 'life, liberty, and security of the person'. The law on this point (as many legal points) is argued to be indeterminate. The legal claim that great apes are people protected by the Charter is analyzed from several different perspectives. This paper begins from the perspective of animal rights activism, viewing litigation of this issue as a strategy for social change. It discusses why an activist would pursue this legal strategy, how such a challenge fits in with the broader animal rights movement, what activists should hope to achieve through this litigation, and where they should begin. The second section moves to a scientific and philosophical viewpoint in order to build an empirical and conceptual background for the arguments to follow. This section examines the general (non-legal) understandings of 'person-hood' and illustrates the psychological properties of the great apes that will be relevant to their Charter claim. The third section shifts to a legal perspective. The claim that great apes are people is considered narrowly in the Canadian legal context. The aim is not to show that the great apes are demonstrably people under the Charter, but only that there is sufficient legal room for a plausible claim for their inclusion into this group, thereby making space for activists to pursue such a challenge.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Related to Research communities
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!