IN-CLASS ACTIVITY 1: STATUTORY INTERPRETATION EXERCISES

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Philippa Lamb
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1 IN-CLASS ACTIVITY 1: STATUTORY INTERPRETATION EXERCISES 1

2 IN-CLASS ACTIVITY 1: STATUTORY INTERPRETATION EXERCISES Facts: Gabriel is a 11-year-old boy living in Cartagena, Colombia. Gabriel loves his pet African Grey Parrot, Makonde, and often takes him out of his cage to play. African Grey Parrots are known for their capacity to mimic over 1,000 different sounds. Makonde is able to mimic Gabriel s voice and the voice of all his family members, so he is the favorite pet among Gabriel and his friends. When Gabriel s parents bought Makonde, they registered him with the local animal authority. In March 2016, Gabriel went to the park to play with his friends and took Makonde along with him on his shoulder. Unexpectedly, Makonde swooped and bit Gabriel s friend Naser. Naser ran home crying. Later that day, the police knocked at Gabriel s door and charged Gabriel s parents with breaching sections (4) and (5) of The Domestic Animals Act of Directions: Work with a partner. Analyze the statute, the definitions, case law and legislative history to advise Gabriel s parents on whether a court will hold that they violated the statute. Take notes as provided and share your views with the class. This is the statute that your client allegedly violated: The Domestic Animals Act of 2002: (3) all domestic animals must be registered with the local animal authority (4) the owner of any domestic animal in a metropolitan area shall restrain the domestic animal at all times (5) the owner must control the domestic animal at all times (6) any person in possession of an unregistered domestic animal shall be fined (7) any person in breach of sections (4) and (5) shall be fined and liable for any foreseeable damages caused by said breach. Look at the Facts again. What part(s) of this statute are Gabriel s parents accused of violating? 2

3 Statutory Definitions: (2) Interpretation In this Act, unless the contrary intention appears domestic animal means dog, cat, ferret, mouse, guinea pig, horse or other pet. owner includes registered owner, or any other person in possession of the domestic animal; where a minor is in possession of a domestic animal, the parents or guardians of the minor will be deemed to be the owner restrained means chained, secured on a leash, or attached to a fixed object. registered owner means the adult person who has registered the domestic animal Is Gabriel the owner of the animal? Or are his parents the owners? What words in this definition might include an African Grey Parrot? Was Makonde restrained? 3

4 In determining whether an African Grey Parrot is a domestic animal, a judge will also look at applicable precedent. Applicable case law: In Rehm v Jabbar (2004) the Court considered section 6 of the Domestic Animals Act Among other things, the Court found that a cockatoo was a domestic animal. Based on the case law above, do you think Makonde is a domestic animal? Legislative History: Contemporaneous newspaper reports indicate that The Domestic Animals Act of 2002 was brought into force to deal with two social problems: Cats destroying native wildlife and injuries to children caused by dog attacks. Do you think the legislature intended for this statute to be used against a person with an African Grey Parrot as a pet? If the judge cannot determine whether an African Grey Parrot is a domestic animal from the statutory definition, he might also look at a dictionary. Here is one dictionary definition. Cambridge Dictionary Definition: A domestic animal is an animal that is not wild and is kept as a pet or to produce food Do you think this definition shows that Makonde is a domestic animal? 4

5 Would a court be likely to hold that Gabriel s parents violated the statute? What are your conclusions? Prepare to share your ideas with the class. 5

6 IN-CLASS ACTIVITY 1: STATUTORY INTERPRETATION EXERCISES ANSWER KEY 6

7 IN-CLASS ACTIVITY 1: STATUTORY INTERPRETATION EXERCISES Facts: Gabriel is a 11-year-old boy living in Cartagena, Colombia. Gabriel loves his pet African Grey Parrot, Makonde, and often takes him out of his cage to play. African Grey Parrots are known for their capacity to mimic over 1,000 different sounds. Makonde is able to mimic Gabriel s voice and the voice of all his family members, so he is the favorite pet among Gabriel and his friends. When Gabriel s parents bought Makonde, they registered him with the local animal authority. In March 2016, Gabriel went to the park to play with his friends and took Makonde along with him on his shoulder. Unexpectedly, Makonde swooped and bit Gabriel s friend Naser. Naser ran home crying. Later that day, the police knocked at Gabriel s door and charged Gabriel s parents with breaching sections (4) and (5) of The Domestic Animals Act of Directions: Work with a partner. Analyze the statute, the definitions, case law and legislative history to advise Gabriel s parents on whether a court will hold that they violated the statute. Take notes as provided and share your views with the class. This is the statute that your client allegedly violated: The Domestic Animals Act of 2002: (3) all domestic animals must be registered with the local animal authority (4) the owner of any domestic animal in a metropolitan area shall restrain the domestic animal at all times (5) the owner must control the domestic animal at all times (6) any person in possession of an unregistered domestic animal shall be fined (7) any person in breach of sections (4) and (5) shall be fined and liable for any foreseeable damages caused by said breach. Look at the Facts again. What part(s) of this statute are Gabriel s parents accused of violating? Sections (4) and (5). (4) the owner of any domestic animal in a metropolitan area shall restrain the domestic animal at all times; and (5) the owner must control the domestic animal at all times. 7

8 Statutory Definitions: (2) Interpretation In this Act, unless the contrary intention appears domestic animal means dog, cat, ferret, mouse, guinea pig, horse or other pet. owner includes registered owner, or any other person in possession of the domestic animal; where a minor is in possession of a domestic animal, the parents or guardians of the minor will be deemed to be the owner restrained means chained, secured on a leash, or attached to a fixed object. registered owner means the adult person who has registered the domestic animal Who is the owner of the animal according to the statute? Why? Gabriel s parents are the owners of the animal because they are both the registered owners and also because Gabriel is a child and the statute indicates that parents will be deemed the owners when a child is in possession of the domestic animal. What words in this definition might include an African Grey Parrot? Under the definition of domestic animal the words other pet. Was Makonde restrained? No. Makonde was not chained, secured on a leash, or attached to a fixed object as required by the statute. It is unlikely that one could argue that having the bird placed on one s shoulder fits the definition of restraint as required by the statute. Note: You may want to discuss whether section (5) of the statute was violated. There is not enough information to make this determination, and we would need to know more about how to interpret control. At this point of the discussion, you should recognize the difference between (4) and (5); first, (4) is limited to metropolitan areas, and second, (4) is limited to restraint versus control. You can make a reasonable inference that control is a more relaxed standard than restraint, as it would be more important to keep a pet on a physical restraint in a potentially crowded metropolitan area, as opposed to out in the open where perhaps the owner may let them off the leash, assuming they are still well-trained and the owner is in control of the animal. 8

9 In determining whether an African Grey Parrot is a domestic animal, a judge will also look at applicable precedent. Applicable case law: In Rehm v Jabbar (2004) the Court considered section 6 of the Domestic Animals Act Among other things, the Court found that a cockatoo was a domestic animal. Based on the case law above, do you think Makonde is a domestic animal? Likely, yes. An African Grey Parrot is akin to a cockatoo because a cockatoo is a type of parrot; cockatoos and African Grey Parrots are both generally kept as pets; and cockatoos and African Grey Parrots share many of the same characteristics including similar size, similar life spans, and similar temperaments. Therefore, since the Court has held in the past that a cockatoo is a domestic animal, the Court should also find that an African Grey Parrot is a domestic animal. Legislative History: Contemporaneous newspaper reports indicate that The Domestic Animals Act of 2002 was brought into force to deal with two social problems: Cats destroying native wildlife and injuries to children caused by dog attacks. Do you think the legislature intended for this statute to be used against a person with an African Grey Parrot as a pet? Not directly since the legislative history is specifically addressing cats and dogs and the specific damages they cause. However, since the legislative history does indicate a desire to prevent injuries to children, it could be argued that an attack by a bird to a child is the type of harm the statute was trying to prevent. If the judge cannot determine whether an African Grey Parrot is a domestic animal from the statutory definition, he might also look at a dictionary. Here is one dictionary definition. Cambridge Dictionary Definition: A domestic animal is an animal that is not wild and is kept as a pet or to produce food 9

10 Do you think this definition shows that Makonde is a domestic animal? Whether captured in the wild or born in captivity, parrots are still wild animals unlike domesticated animals like cats and dogs. The fact that a particular animal is kept as a pet does not prevent it from being a wild animal (ie- keeping a pet tiger or cheetah). However, keep in mind that the interpretation of wild vs. domestic may vary from culture to culture. Also, according to the case law above, the Court has already deemed a parrot to be a domestic animal and you may argue that the Court s definition of domestic will outweigh the dictionary definition. Nonetheless, this point may be conducive to debate. Would a court be likely to hold that Gabriel s parents violated the statute? What are your conclusions? Prepare to share your ideas with the class. A Court would likely find that Gabriel s parents violated section (4) of the statute but there is not enough information to predict whether they will also be found to have violated section (5.) Refer to the previous discussions on domestic animal, owner, restrain, and metropolitan area to explain that a Court will likely find that Gabriel s parents violated Section (4). See note above to explain why there is not enough information to show that Section (5) was also violated. 10

Draft for Public Hearing. Town of East Haddam. Chapter (Number to be Assigned) CONTROL OF ANIMALS ORDINANCE

Draft for Public Hearing. Town of East Haddam. Chapter (Number to be Assigned) CONTROL OF ANIMALS ORDINANCE Draft for Public Hearing Town of East Haddam Chapter (Number to be Assigned) CONTROL OF ANIMALS ORDINANCE???-1. Purpose.???-2. Definitions.???-3. Licensing, Roaming, and Removal of Animal Waste. A. License