Doomed to Fail: Ag-gag Laws and the Canadian Charter

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dc.contributor.advisorGirard, Philip V.
dc.contributor.authorSkinner, Samantha Lynne
dc.date.accessioned2021-11-15T15:55:00Z
dc.date.available2021-11-15T15:55:00Z
dc.date.copyright2021-07
dc.date.issued2021-11-15
dc.date.updated2021-11-15T15:54:59Z
dc.degree.disciplineLaw
dc.degree.levelMaster's
dc.degree.nameLLM - Master of Laws
dc.description.abstractIn late 2019, ag-gag laws began being introduced in Canada. Ag-gag laws are named for their intended effect of gagging activists from exposing the realities of the animal agriculture industry. Animal activists seek to gather and publicly disseminate information using means of bearing witness, undercover investigations, and civil disobedience. Ag-gag laws originated in the US in the 1990s, but saw a revival in the 2010s. In the US, animal law organizations such as the Animal Legal Defense Fund have been successfully challenging the constitutionality of ag-gag laws, with courts in six states finding ag-gag laws to violate the First Amendment right to free speech. Despite the failures of ag-gag laws in US courts, various governments in Canada began introducing ag-gag laws to shield the animal agriculture industry from the growing activism in Canada. In drawing parallels between the US right to free speech and the Canadian Charters s. 2(b) freedom of expression, this thesis argues that Canadian ag-gag laws must also be found to unconstitutionally violate the Charter. To be sure, ag-gag laws suppress important activist expression in a way that cannot be justified in a free and democratic society. This thesis seeks to capture the current picture of ag-gag laws in Canada as of June 2021 in anticipation of the impending Charter challenges by Animal Justice et al.
dc.identifier.urihttp://hdl.handle.net/10315/38788
dc.languageen
dc.rightsAuthor owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
dc.subjectLaw
dc.subject.keywordsAnimal law
dc.subject.keywordsConstitutional law
dc.subject.keywordsAg-gag laws
dc.subject.keywordsFreedom of expression
dc.subject.keywordsAnimal justice
dc.titleDoomed to Fail: Ag-gag Laws and the Canadian Charter
dc.typeElectronic Thesis or Dissertation

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