"A huge step forward": Changes to BC laws good news for pets in couple separations

Mar 28 2023, 11:36 pm

Amendments to the Family Law Act have been proposed to clarify the laws around pets, property, and pensions regarding couple separations in BC.

If passed, the amendments would provide more guidance for parties and judges to adequately determine how to address ownership and possession of pets during a separation.

“The act will require consideration of factors such as each person’s ability and willingness to care for the animal and the relationship a child has with it, as well as if there is a risk of family violence, threat of cruelty to an animal, and more,” reads a statement from the BC government.

We caught up with animal law lawyer Rebeka Breder to get her thoughts on the importance of these proposed amendments. Her remarks suggested that it would be a historic move for the province.

Considering that BC — like other jurisdictions in Canada — has not had any legislation dealing specifically with what happens to a pet upon separation, these amendments will have a significant impact on pet custody cases by providing guidance to people and courts,” she said.

She added that the move was “a huge step forward for animals and their people.

BC Attorney General Niki Sharma also reflected on the difficulties couples face regarding separation.

“To help make life easier for couples going through a separation, we’re introducing amendments to the Family Law Act that better reflect the priorities and values of people today, including making sure the important role pets play in families is considered in the separation process.”

The Ministry of Attorney General also included a comment from animal law specialist V. Victoria Shroff.

“These amendments reflect how pets are valued as unique family members by society rather than as inanimate property like furniture.”

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