Pet Ownership, Guardianship, and the Unintended Consequences for Abused Women

Are pets property?

According to a recent ruling by a Saskatchewan judge, they are. This is in line with other rulings regarding how pets should be treated during the dissolution of a marriage or common-law relationship.

Pets are property, and the courts do not get involved in who gets “custody” of the toaster.

It seems straightforward, and many people agree with the judge’s line of thought.

Following up on his ruling, Justice Danyliuk stated that, “To consume scarce judicial resources with this matter is wasteful. In my view such applications should be discouraged.”

But the issue of whether pets should be treated as sentient beings who have guardians, or property that is owned, is fraught.

Many organizations that investigate incidents of animal cruelty support laws recognizing that animals feel pain (sentient beings) and subsequently have penalties reflect this.

Pets have been gaining legal rights over the last several years, and although large organizations like the American Veterinary Medical Association (AVMA) and the American Kennel Club oppose any move towards granting pets legal personhood, the issue continues to come up in North American courts.

Vets worry that the move to personhood could impact their ability to perform veterinary medicine.

As the AVMA points out, could it become illegal to spay or neuter pets because of “reproductive rights”? Could vets or pet guardians be sued for providing what someone else might consider inadequate care?

There are fears that a shift to guardianship from ownership would leave people at risk of egregious state intervention, and would violate their human rights and interfere with their relationships with their pets.

And there is the concern expressed by Justice Danyliuk in the recent Saskatoon case, that treating pets as sentient beings more akin to children than to toasters, would clog up a court process that already faces frequent delays.

Treating pets like children and asking the courts to determine their care after divorce would add yet another strand to the Gordian knot of relationship dissolution.

But there are two critical aspects to the guardianship vs. ownership debate that must be addressed, even if it does add time and complication to divorce proceedings.

The first is whether non-human beings can be persons at all.

India has taken steps towards granting dolphins personhood (though these are first steps only), and the Nonhuman Rights Project in the United States is also pursuing personhood status for some animals.

Corporations, of course, have been granted legal personhood throughout the United States.

Although it has yet to be determined whether nonhuman animals will be granted personhood rights, the door is creaking open.

The other aspect relevant to treating pets as sentient beings rather than owned property, regards the well-established link between domestic abuse and the abuse of pets.

Pet custody has a significant impact on women’s ability to leave abusive situations.

Abused women are 11 times more likely to witness their pets being abused, according to a large 2007 study.

As Kerri Froc at the Canadian Bar Association’s National Magazine reports, threats of violence against pets “one tool in abusers’ arsenal of emotional abuse and control.”

The issue of personhood, and of whether the relationship with pets is one of owner or guardian, intersects with other legal issues.

While it is clear that pets are not children (no matter how much they are loved and doted on), it is also not clear if treating them as property is the best way to continue.

About Tiffany Sostar

Tiffany is a writer, editor, academic, and animal lover who came late to her appreciation of pets. At 18, a rescue pup named Tasha saved her from a depression and she hasn't looked back. She has worked as the canine behaviour program coordinator for the Calgary Humane Society, and was a dog trainer specializing in working with fearful and reactive dogs for many years. She doesn't have any pets right now, but makes up for it by giving her petsitting clients (and any dogs she comes across on her frequent coffee shop adventures) extra snuggles.

LEGISLATION - Pet and Women Safety Act Offers Hope to Victims

Domestic violence is an epidemic that impacts people regardless of age, economic status, sexual orientation, gender, race, religion or nationality.

According to statistics from the National Coalition Against Domestic Violence, one in three women and one in four men suffer violence from an intimate partner at some point in their lives.

However, domestic violence disproportionately impacts women in relationships with men, and according to the 2014 Special Report on Nonfatal Domestic Violence, women were significantly more likely to face “serious domestic violence” than men – 37% versus 10%. As well, 76% of incidents of intimate partner violence were directed against women.

Compounding the problem is the fact that according to the Urban Resource Institute, 40% of domestic violence victims stay with abusers out of fear of what might happen to their pets if they left them behind.

When victims are unable to bring their pets with them, they are often effectively held hostage by the abuser’s threats and violence against their pet. Abusers often threaten pets, children, and other loved ones in an effort to maintain control of their victim.

A new bill proposed by Reps. Katherine Clark (D-Mass.) and Ileana Ros-Lehtinen (R-Fla.) offers hope for victims of domestic violence.

The bill, called the Pet and Women Safety (PAWS) Act, would prohibit threats or acts of violence against pets, and would demand that perpetrators pay for the veterinary costs for pets of a domestic violence survivor.

The bill doesn’t just focus on individual survivors and their pets, it also provides funding for housing programs and support services.

The link between domestic violence and violence against pets is very real.

In studies as far back as 1983, this link has been found again and again. One study found that in 88% of families where child abuse was a factor, companion animal abuse was also present.

A 2004 study conducted by researchers in Alberta, Canada confirmed earlier research and found that animal abuse is frequently present in situations of domestic violence, and that fears for animal safety can cause victims to delay the decision to seek shelter.

Although there is still a deficit in co-sheltering facilities across North America, the PAWS Act would make it possible for more victims of domestic violence to leave an abusive situation without leaving their pets behind.

By Tiffany Sostar

Tiffany is a writer, editor, academic, and animal lover who came late to her appreciation of pets. At 18, a rescue pup named Tasha saved her from a depression and she hasn't looked back. She has worked as the canine behaviour program coordinator for the Calgary Humane Society, and was a dog trainer specializing in working with fearful and reactive dogs for many years. She doesn't have any pets right now, but makes up for it by giving her petsitting clients (and any dogs she comes across on her frequent coffee shop adventures) extra snuggles.

Nestle Purina Donated More Than $30 Million to Pet-Related Causes in 2015

Nestle Purina announced this week that in 2015 the company donated $31.5 million worth of pet food, pet supplies and monetary contributions to pet-related charities and other community organizations across the country.

The donations reached more than 120 pet welfare groups and the Urban Resource Institute, which operates four domestic violence shelters in the New York City area.

"At Purina we take our role as a responsible corporate citizen seriously and have always believed in supporting pet-related organizations in our hometown of St. Louis and in communities across the United States," said Kasey Bergh, director of Community Affairs, Nestlé Purina PetCare. "We believe that when pets and people are together, life is truly better, and we're very passionate about supporting charitable organizations that share our vision."

Purina donated money and pet supplies to the Urban Resource Institute to help URI build the first dog park – the Purina Pet Haven – in a Manhattan-based domestic violence shelter.

The new dog park opened in October at Urban Women's Retreat, a Tier I emergency shelter that is part of the URIPALS (People and Animals Living Safely) program. URIPALS is the only program in New York City, and one of few nationally, that allows survivors of domestic violence to live in the shelter with their pets.

Pet-welfare organizations used Purina donations for a variety of needs, including construction and repairs to pet shelters at organizations that are working to find forever homes for dogs and cats.

Purina Sponsored Dog Park at Shelter for Victims of Domestic Violence

Manhattan now has a dog park in a domestic violence shelter due to a collaboration between the Urban Resource Institute (URI) and Purina PetCare. The park is available to people at the Urban Women’s Retreat (UWR). This shelter is part of the URIPALS program; URIPALS is an emergency shelter that welcomes victims of domestic violence and their pets.

Purina sponsored the dog park at the UWR. Purina also sponsored a dog park at URI’s Safe Haven shelter in 2014. In addition to the park at UWN, Purina is also providing dog food, cat food, treats, and cat litter to the shelter. Purina and URI are also working on welcome kits than can include carriers, gates, pet beds, bowls, scratching posts, leashes, and pet toys. Purina veterinarian, Dr. Kurt Venator said, “For most pet owners, the bond with their pet is incredibly strong, and for people in abusive relationships their pet can be an important source of comfort. Purina is very proud to support the Urban Resource Institute in its efforts to keep families and their pets together during this time of healing.”

URI President and CEO, Nathaniel Fields said, “Through the URIPALS program, we have witnessed first-hand how important it is for survivors to have their beloved pets by their side while they heal. From early on in the URIPALS program, Purina has been committed to supporting survivors of domestic violence and their pets. We know that the new dog park will play an integral part in helping our clients heal, and for that we are extremely grateful to Purina.”

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INTERVIEW: Dr. Krista Foreman - Innovation Showcase Scholarship Applicant

Dr. Krista Foreman is a veterinarian at South Paw Animal Hospital in Fredericton, New Brunswick. Dr. Foreman enjoys surgery, especially soft tissue and orthopedic. She co-chairs the provincial Safe for Pets Too program which arranges veterinary care and temporary fostering for animals belonging to women escaping domestic violence.

InfoStream (IS): The pet experience is clearly very important to you. Tell us about how this came to be.

Dr. Krista Foreman (KF): I have been an animal lover my entire life. Through support of my family I was able to grow up with dogs, cats and horses. I followed my dream and became a veterinarian. I couldn't imagine being in a situation of having to choose between my safety and my pets. Now as a mother of three girls I appreciate how much harder it would be to adjust in any situation if we were to lose our pets.

IS: Tell us about the Safe for Pets Too program. What should we know about it?

KF: This program helps to remove a barrier for a woman seeking to escape domestic violence. Some women will delay leaving, or not leave, if they can't ensure the safety of their pets. We provide veterinary care and fostering for pets while their owner is in a transition house until they find a safe place to live.

IS: What are the most critical problems faced by New Brunswick pet owners in an abusive situation?

KF: Most of the transition houses are unable to accommodate pets and it can be difficult to ask friends to take pets as it can put them in a bad situation. Once the woman has left the situation it can also be difficult to find pet friendly affordable

housing.

IS: How were these problems handled before Safe for Pets Too?

KF: It was not addressed in any official manner. Good hearted staff at some of the houses would keep pets occasionally.

IS: Safe for Pets Too is supported by several large organizations including the New Brunswick SPCA, New Brunswick Veterinary Medical Association, police, New Brunswick Chiefs of Police Association, New Brunswick Department of Agriculture, Aquaculture and Fisheries, and Public Legal Education and Information Service of New Brunswick. How was cooperation and support created across so many organizations?

KF: The timing was perfect when we looked at starting this program. A meeting had been arranged by the Public Legal Education System to bring together groups that had an interest in learning about the link between domestic violence, animal abuse, firearms and alcohol. A committee was formed from that meeting.

IS: How is the program funded?

KF: The New Brunswick Veterinary Medical Association covered our legal cost to get

started. The association also donated $5000 to help us to get underway. Veterinary

examinations, vaccinations and deworming are provided complimentary by participating veterinarians and any other medical costs are billed to us, although usually at a discounted rate.

We have received several other smaller donations including a recent one of $500 from the George Street Middle School grade 6 Entrepreneurial Club.

IS: Is there an experience that helped you see the importance of the Safe for Pets Too program? What in your history has taken you to where you are now?

KF: I have fortunately not been in the situation of seeking refuge from violence. I see on a daily basis in my work how important pets are too people. Hurricane Katrina further demonstrated this as people clung to rooftops resisting being rescued because they had to leave their pets behind. When a person loves someone, be it human or animal, they may put their love for the person or pet above their own safety.

Interview with Jenn Nyhof - Innovation Showcase Scholarship Nominee

Jenn Nyhof was one of the Innovation Showcase Scholarship Nominees at the Western Adjudication Event. Nyhof is from Thompson, Manitoba and is currently a 4th year veterinary medicine student at the Western College of Veterinary Medicine in Saskatchewan. She is the President of the University of Saskatchewan One Health Club, and am a founding member of The A.C.H.O.I.C.E. Program. Read more about Nyhof’s nomination here.

InfoStream (IS): The pet experience is clearly very important to you. Tell us more about how this came to be.

Jenn Nyhof (JN): I have always had a passion for working with people and animals. I was able to fully appreciate the importance of the human-animal bond about 10 years ago, after grieving the loss of a pet. Also, having worked throughout Canada’s North for the past 8 years, I realized that as a veterinarian, I would have the opportunity to be a leader in the community, and advocate for human and animal health and welfare.

IS: Tell us about the A.C.H.O.I.C.E. Program. What should we know about it?

JN: On any given day, individuals and families across the country are in crisis, or are dealing with an emergency situation. With the knowledge that many Canadian households have at least one pet, it can be assumed that many people who are in crisis are pet owners. Pets may provide emotional support, comfort, companionship, and a sense of security and safety. The benefits of pet ownership are especially important during stressful times.

It is vital that those in crisis seek out assistance as they work towards the successful resolution of their situation. While individuals and families seek assistance, they may have to relocate from their homes, or they may be unable to care for their pet temporarily. It may be difficult for those in crisis to make suitable arrangements for their pets. Further, pet owners may be reluctant to deal with a crisis unless they can be assured that their pet will be safe and well cared for. Failure to consider pets during a crisis or emergency may be a barrier to ensuring the safety of families.

Last year, The University of Saskatchewan offered funding to students for the purpose of carrying out projects that emphasized the One Health concept. This was a key opportunity for us to identify solutions to assist those in crisis. We were privileged to receive this funding, and used it to create the framework for the A.C.H.O.I.C.E. Program. The Program framework was developed following extensive consultation with stakeholders, and serves as an evidence-based model.

A.C.H.O.I.C.E. stands for Animal Care and Housing for Owners in Crisis or Emergency Situations. This Program is designed to be a national, non-profit, charitable organization. Through the provision of resources, The A.C.H.O.I.C.E. Program will allow for the temporary care and housing of pets. As well, through advocacy, education, and the provision of grants, the Program will assist pet owners with safety planning, emphasize the need to consider pets as a part of any crisis management process, and assist other organizations in their quest to foster the human-animal bond.

Currently, the Program is in Phase 1 of implementation. It is hoped that the program will be fully operational as of 2017.

IS: Tell us about the One-Health Initiative that the A.C.H.O.I.C.E. Program encompasses.

JN: The One Health Initiative involves the use of a multi-disciplinary, collaborative approach when working toward solving problems. It focuses on the connections between human, animal and environmental health. When the framework for The A.C.H.O.I.C.E. Program was designed, we developed a video to highlight the importance of using a One Health approach.

IS: Is there an experience that helped you see the importance of the A.C.H.O.I.C.E. Program? What in your history has taken you to where you are now?

JN: About 7 years ago, I heard the story of a young woman in a Northern community who had been a victim of abuse. After exhausting all the resources she had available to her, she made the tough decision to relinquish her dog to a local humane society. She was devastated, but she felt she had “no choice” but to give up her pet permanently. At that time, I was working as a public health practitioner. I felt as though there had to be a way to help those in need. Having now entered the field of veterinary medicine, and with the One Health concept in mind, the A.C.H.O.I.C.E. Program represents a unique opportunity to make a difference in the lives of people and animals.

IS: What are the most critical problems faced by pet owners in a crisis?

JN: Domestic Violence Example:

In 2000, the Ontario SPCA contacted various women’s shelters, with the purpose of examining the relationship between domestic violence and animal cruelty. 43% of those surveyed indicated “concern over their pet’s welfare had prevented them from leaving an abusive situation sooner”. Some victims of domestic abuse delayed seeking help because they were concerned about the well-being of their pet.

Further, some of the individuals who make the decision to leave an abusive situation end up losing their pet as a result. Victims of domestic abuse have reported trying, unsuccessfully, to find homes for their pets while they sought assistance. References:

• Daniell C. Ontario SPCA’s Women’s Shelter Survey Shows Staggering Results. The Latham Letter. 2001; XXII(2):16-7.
• McIntosh SC. The links between animal abuse and family violence, as reported by women entering shelters in Calgary communities. 2004.
• Ontario Veterinary Medical Association, Safe Pet Program. 2007.

Medical Care Example:

Studies show that when a strong human-animal relationship exists, an individual may delay seeking medical care, may fail to follow medical advice, and may be reluctant to leave substandard housing conditions, if it interferes with the human-animal bond. References:

• Morley C, Fook J. The importance of pet loss and some implications for services. Mortality 2005; 10(2):127-43.
• Siegel JM. Stressful life events and use of physician services among the elderly: the moderating role of pet ownership. Journal of Personality and Social Psychology. 1990; 58(6):1081-6.
• Smith B. The ‘pet effect’. Health related aspects of companion animal ownership. Australian Family Physician. 2012; 41(6):439-42.

Homelessness Example:

Of the 28,500 people in Canada who are homeless at a particular point in time, approximately 2,900 of these individuals are considered “unsheltered”. Because pets are often not considered when assistance programs are designed, homeless individuals may avoid entering transitional housing because of pet ownership. References:

• Gaetz S, Donaldson J, Richter T, Gulliver T. The State of Homelessness in Canada. 2013. Canadian Homelessness Research Network Press.

Summary:

During a crisis situation, pet owners may go through a decision-making process (Figure 1). If those in crisis decide to seek assistance, but if limited financial resources or social supports are available, the human-animal bond may not be preserved. If those in crisis delay seeking help, they may remain in unsafe situations. This may have adverse effects on both human and animal health.

Figure 1: Decision Tree, and Possible Outcomes, for Pet Owners in Crisis

IS: How are these problems currently being handled?

JN: A number of excellent assistance programs are currently in place. For example, the Calgary Humane Society offers a PetSafe Keeping Program. This Program offers support to victims of domestic violence. The A.C.H.O.I.C.E Program is designed to complement and enhance the Programs that are currently in existence. The A.C.H.O.I.C.E. Program will also provide assistance to those living in under-serviced areas throughout the country.

IS: How will the program be funded? Are there any sponsors?

JN: To date, the Program has received funding from private, individual donors. A GoFundMe campaign has been established. We are applying for additional funding by way of federal and provincial grants. A 60 second promotional video is currently being developed, with the goal of soliciting donations from sponsors.

IS: Looking into the future, what are your ultimate goals for the A.C.H.O.I.C.E. Program?

JN: Once the Program is fully operational, the A.C.H.O.I.C.E. Program will enhance human and animal health and welfare, emphasize the importance of the human-animal bond, promote autonomy and empowerment, and foster collaboration amongst stakeholders.

St. John’s plans pilot program to house pets of domestic-violence victims

The City of St. John's says it plans on launching a pilot program to house pets who belong to victims of domestic violence. 

Research done in Newfoundland as well as other provinces finds that domestic violence towards spouses and children often also targets household pets. A study released in 2012 by the Alberta SPCA revealed that 59% of pet-owning women in emergency shelters delayed leaving their abusive environment out of concern for their pets. Another study conducted by the Calgary Humane Society in 2001 found that 56% of participants reported their abuser had threatened to hurt or kill or had actually hurt or killed a family pet. 

Since St. John's emergency animal shelters are unable to accommodate pets, many victims delay leaving abusive situations, VOCM radio reported. A spokesperson for the city's animal care and control committee, Ron Ellsworth, said details for the program are currently being worked out but it would be a foster-based program and would not put any additional pressure on city facilities. 

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Pet Safekeeping for Domestic Violence

The Alberta SPCA along with several partners is seeking funding from the Field Law Community Fund Program to support the  Alberta Alliance for the Safety of Animals and People (AASAP).

A study released by the ASPCA in November 2012 revealed that 59% of pet-owning women in emergency shelters delayed leaving their abusive environment out of concern for their pets. In 36% of the cases, animals were threatened by the abuser - and 85% of those threats were carried out. 

A major goal of the AASAP partnership is to provide a province-wide pet safe-keeping network for family violence victims while they are in emergency shelters. AASAP wants to start a pilot project in the Edmonton region, with the hope that it can expand to the whole province.

Field Law, a top 10 western and northern law firm, has been committed to helping communities for almost 100 years by supporting charitable groups and organizations in Alberta and the North. The Field Law Community Fund Program distributes $30,000 annually in both Calgary and Edmonton to worthy initiatives who acquire votes through their website. 

The AASAP includes professionals from law enforcement, social services, veterinary services, health, animal welfare, women's shelters, legal education and other communities. 

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