The right to food security. Food security refers to the availability of food and one's access to it. The right to grow and provide your own food source for yourself and your family.
The right to keep backyard laying hens which provides a reliable, constant food source falls under the protection of the UDHR, article 25.
No one should be denied the right to food. Raising hens contributes to food security, knowing where your food is coming from, providing food accessibility all days of the year regardless of times of economic hardship, commercial food distribution disruptions or war.
1948 Universal Declaration of Human Rights recognises in Article 25 that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control."
Bylaw 2003-77 is illegal. The bylaw is mandated and created by the Municipality of Ottawa. The right to food under the Human Right's Act falls outside the scope of the Municipality and thus out of their control and policing.
Recently, in Calgary, two individuals challenged their own municipal bylaws prohibiting backyard hens by caring and keeping hens. Paul Hughes, founder of Cluck in Calgary, is challenging the city on their bylaw.
Recently, Mr. Hughes, carried out this challenge by "turning himself in" to bylaw authorities, resulting in a charge of illegally keeping hens in the city. This was a planned move by Mr. Hughes so that he would have an opportunity to challenge the charge and argue in court that his right to food, as per Article 25 of the UDHR was in violation.
Court dates were set. Prosecutors were not comfortable taking on the challenge of arguing why anyone should be denied the right to food and the court agreed to dismiss all charges and instead did a turn about offering up a pilot project that will allow up to 40 Calgary area families to keep backyard hens while the city studies the benefits or drawbacks of keeping urban city hens.
Why did the court back down? When was the last time you heard of someone being charged and having all charges dismissed without ever stepping in court? The city was aware they would NOT win such an argument countering what is a universal right of every citizen of the world.
Our challenge here in Ottawa is use our pier groups in Vancouver and Calgary and bring home the same argument and continue to challenge the municipality and if need be take that challenge to the judicial system so that our facts and rights can be argued, studied so that an analysis can be made and a decision based on scientific facts and precedents elsewhere in Canada can be presented and ultimately lead them to the conclusion that food security and sustainability is our right and that includes backyard hens.
