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The N.W.T. SPCA is calling on the territorial government to consider legally recognizing domestic animals as sentient beings, rather than as property.
According to the Dog Act, a piece of N.W.T. law that regulates the responsibilities of dog owners and enforcement of those responsibilities, dogs are considered property of their owner. One section of the act, for example, says that if a dog owner is taken into custody, “an officer may sell or give the dog to any person, and it becomes the property of that person.”
The SPCA says it’s been hearing concerns from tourists and residents alike for years over the care and conditions of animals in the Northwest Territories. It says the current legislation limits how and when authorities can intervene.
“What is legally permitted does not always align with evolving expectations around animal care,” reads a statement from the N.W.T. SPCA’s executive director Nicole Spencer.
“Existing legislation establishes baseline standards, such as food, water, and shelter, which may not always address more complex welfare situations.”
Common for pets to be considered property, lawyer says
Jennifer Friedman is an animal welfare lawyer based in Toronto. She says Ontario also considers pets as property and that’s common in other jurisdictions in Canada too.
“They’re all considered chattel,” she said.
But some provinces are starting to make a change. Friedman used the example of British Columbia in 2024, when the province expanded the criteria courts can use when considering the fate of pets in family disputes such as divorce.
And while having detailed and clear laws dedicated to protecting animals is important, what really matters is making sure they’re enforced, she said.
“That’s the complaint I hear most from potential clients and members of the public, saying ‘why is nothing happening? Why is nothing getting enforced? We saw this complaint and that situation and nothing is going on,’” said Friedman.
No ‘one-size-fits-all approach,’ minister says
The Department of Municipal and Community Affairs administers the Dog Act. In an email to CBC News on Monday, the department said the territory has no plans right now to amend the legislation.
“The Department of Municipal and Community Affairs determines priorities for legislative review and potential updates based on direction from the Legislative Assembly,” a spokesperson stated.
“Any consideration of amendments to the Dog Act would need to be balanced against broader legislative priorities.”
In a previous interview, the Minister for Municipal and Community Affairs, Vince McKay, said the act is meant as a foundation document for municipalities to use.
“I’ve heard lots of complaints about it,” McKay said. “But realistically, the responsibility lies with municipalities on how they want to deal with their animals,” said McKay.
“We can’t have a one-size-fits-all approach,” he said.
McKay said it’s been more than a decade since the Dog Act has seen an update. He says there might be an opportunity to review it in the future, but that takes time.
“As a territorial government, we have to have a baseline that protects communities where they don’t have capacity to build a bylaw, there needs to be something there to protect animals,” he said.
“But ideally, if communities want more, they can do that with their bylaws.”
