Montreal’s Society for the Prevention of Cruelty to Animals (SPCA) appeared before the Administrative Housing Tribunal (TAL) on Thursday to give weight to a challenge to a lease clause that bans pets in apartments.
In order to assert her position and arguments, she wants to intervene in a dispute between a Montreal owner and the tenant of one of her apartments on Bordeaux Street.
Because for the shelter, the debate goes beyond the scope of this specific lease: “It is a problem that affects thousands of Quebecers and thousands of animals every year,” explained Ms. Sophie Gaillard, director of animal welfare, legal and government affairs at the Montreal SPCA.
“Society cares,” added SPCA lawyer Me Marie-Claude St-Amant, also president of the organization’s board.
In this case, the owner went to court to first obtain an order enforcing compliance with the no-animals clause in the lease and, finally, to file a motion for termination and eviction. The tenant, who calls herself M, responded by asking TAL to lift the clause because she wants to stay in her apartment with Bébé, her 13-year-old cat and Paul, her miniature dog. It is unthinkable for him to part with it.
“They are part of my daily life. They offer therapeutic support. She [les animaux] Reassure us and offer presence. “During the pandemic it has been a moment of isolation for many and animals are an important support,” M confided to the court.
His lawyer, Me Kimmyanne Brown, explained that the situation was “somewhat unusual”: the owner bought the building when M had lived there for more than ten years, and the previous owner tolerated animals. What is no longer the case with the current landlord: the cat that was “scrubbing” on the balcony bothered him. Even the plants on the balcony bothered him, the lawyer emphasized.
According to the SPCA, such clauses banning animals simply should not exist. Their presence in homes is already controlled by municipal regulations that, for example, limit the number of small furry animals.
The non-profit organization claims that these clauses are abusive, unreasonable and contradict certain fundamental rights enshrined in Quebec’s Charter of Human Rights and Freedoms. This forces families, desperate for accommodation in these times of shortages and sharp rent increases, to get rid of their dogs and cats as if they were simple objects, while the Civil Code only classified them as “dogs and cats” in 2015. has recognized. sentient beings”.
On Thursday, labor judge Camille Champeval, who was handling the case, was informed of a change in the situation: the owner gave up his eviction request and reportedly sold the building. M can therefore – for the time being – stay in his apartment.
But there remains a “sword of Damocles” hanging over his head, Mr Brown insists. A new owner can decide to invoke it at any time. Many do it in retaliation, she reports. For this reason, M would like to push forward the deletion of the clause.
The administrative law judge called the SPCA’s request “important and unusual,” accepted its request for intervention as advisory, and promises to announce as quickly as possible whether the shelter can present its arguments.
Furthermore, it has narrowed the debate significantly: it may invalidate the clause for this particular lease, but not for all leases in Quebec. “I am not in charge. »
If, on the other hand, she agrees with the tenant, this could “set a precedent” and give weapons to all those who want to override such clauses in order to keep their small animals with them, Me St-Lover explained after the hearing.
The SPCA states that on average more than one animal per day is abandoned due to relocation: in 2022, 401 animals were entrusted to the SPCA Montreal for this reason. And at the end of September, there were still 99 cats, 22 dogs and 24 rabbits in cages awaiting adoption at a single SPCA shelter in Montreal.