Under BeeCee ‘law’, pets now have custody rights, not property any more

Honk, honk!

A golden retriever named Stella is now part of legal history in B.C. after an upper court decision based on new laws that recognize pets as family members, not just property.

The ruling is the first of its kind and stems from a claim filed in B.C. Supreme Court in New Westminster by a woman seeking to have exclusive care of the dog after she and her boyfriend broke up last year.

But in his reasons for judgment, Associate Judge Scott Nielsen ordered that custody of Stella be split evenly on a week on/week off basis.

“Both the claimant and the respondent have shown a deep concern about the well being of Stella, and I am satisfied that in the circumstances the custody of Stella should be shared on an interim without-prejudice basis,” said Nielsen.

The decision comes three months after amendments made to the Family Law Act clarify that pets or “companion animals” are members of the family.

Victoria Shroff, a lawyer who specializes in animal rights, says having a B.C. Supreme Court decision based on the new legislation is an important milestone.

‘What’s so significant is the way the judge says … that animals are sentient beings, and we’re going to analyze this case in light of that,” said Shroff, who was not involved in the case.

“Any time an upper court starts to acknowledge the fact that animals are part of the family — they are our furry family members — it doesn’t mean they’re not still property under the law, but it means that they have an elevated status above that of a toaster.”

FFS.