Professor Peter Sankoff is about to engage in a couple of important "firsts". A few weeks ago, acting on behalf of Animal Justice (with staff attorney Camille Labchuk), a non-profit organization dedicated to advancing public knowledge of animal practices and preventing the abuse and killing of animals through the enforcement of existing laws, he secured leave to intervene at the Supreme Court of Canada in R v DLW, a case which will resolve the scope of the bestiality offence in s 160 of the Criminal Code.
"We believe it's the first-time an animal protection organization has ever had the chance to make arguments before the Supreme Court", says Sankoff. It's also Professor Sankoff's first time appearing before Canada's highest tribunal. "Needless to say, I'm pretty excited about the opportunity to bring these issues before the Court. I think they should hear why bestiality has to be interpreted in a way that provides maximum protection for the animals exposed to this type of conduct".
The appeal comes from British Columbia, and involves a disturbing case where the accused compelled the family dog to lick the vagina of his 16 year old stepdaughter. The accused was convicted of a number of sexual offence charges, and one count of bestiality at trial. In a 2-1 majority decision, the Court of Appeal overturned the bestiality conviction, holding that the offence was restricted to its historical scope: acts of intercourse with an animal. The Crown has appealed, arguing that the offence needs to be interpreted broadly to ensure that children are protected from harm, and society's view of morality is not contravened.
Animal Justice secured leave to intervene by contending that in construing the provision the Court needed to also take into account the interests of animal, as the trial judge had suggested. "We think the trial judge was on solid ground when he noted that bestiality reflects social mores - which include protecting animals from abuse", says Sankoff. "Our position was that neither the Crown nor the respondent were putting these views forward, and that it was essential that they be considered by the Court".
The hearing is set for November 9, with Professor Sankoff now hard at work on the Animal Justice factum. He is being assisted by several student members of the Student Animal Legal Defence Fund, one of the clubs at the law faculty. "It's a great opportunity for the students to work on an important case and I'm extremely grateful for their assistance", says Sankoff.