The Quebec Court of Appeal is currently considering arguments presented on Wednesday regarding the legal protection of the right to own pets.
In March, Judge Suzanne Guèvremont of the housing tribunal ruled that clauses in leases prohibiting pets infringe on Charter rights related to freedom and privacy. She emphasized the importance of adapting case law to reflect the evolving animal protection legislation, recognizing the strong bond between humans and their animal companions.
The case arose when a tenant named M Desjardins took over a lease that contained a no-pet clause, although it was established that Desjardins’s pets, a dog and a cat, were not causing any issues and other pets in the building were tolerated. Subsequently, the building’s owner, Amilis, enforced the no-pet policy after acquiring the property.
During the appeal, Amilis’s legal representative, Damarys Pineda, contended that Judge Guèvremont exceeded her jurisdiction by assuming the role of the legislature, which is responsible for regulating pet-related clauses in leases. Pineda argued that such clauses are intended to safeguard the well-being of all tenants, and landlords should not be compelled to accommodate pets if they choose not to.
While acknowledging the possibility of negotiations between landlords and tenants, Pineda highlighted that any tenant can now challenge a no-pet clause by invoking Charter rights.
Desjardins’s lawyer, Kimmyanne Brown, clarified that Guèvremont’s ruling specifically pertained to Desjardins and emphasized her client’s reliance on pets for animal-assisted therapy to manage anxiety, depression, and post-traumatic stress. Brown stressed that the court’s jurisdiction is limited to issues raised in the initial case, such as accommodating individuals who may have allergies or fears related to animals.
The SPCA also participated in the proceedings, with lawyer Marie-Claude St-Amant arguing that pets are increasingly viewed as integral family members under current legislation, indicating a violation of Desjardins’s rights. St-Amant noted that the Attorney General of Quebec declined to intervene in the case, suggesting that Guèvremont did not overstep her authority.
Following the hearing, SPCA spokesperson Julie Gaillard anticipated a series of appeals in the case, potentially leading to a Supreme Court review.