‘Landmark’ Quebec ruling states no-pet clause violates Charter rights
Global News
Renters in Quebec may soon have final say over whether they're allowed to keep pets in their homes following a legal ruling that no-pet clauses in leases violate Charter rights.
No-pet clauses have long been the norm for tenants in Quebec and even considered legal.
But following a new ruling by the province’s housing tribunal, after a challenge by a tenant to a no-pet clause in their lease, the door may soon be open for all pet owners.
“We were arguing that the no-pet clause that was in their lease was against their fundamental rights, that are in the charter of rights,” said Kimmyanne Brown, the tenant’s lawyer.
In the March 12 ruling, the judge rejected the landlord’s attempt to terminate the lease of the tenant and allowed her to stay in her rental unit with her dog.
The tribunal concluded that the clause indeed violates Articles 1 and 5 of the Charter, which guarantees respect for a person’s dignity, freedom and privacy.
“It’s only one decision, it’s only regarding a specific case, but we’re hoping it’s going to set an important precedent for tenants rights,” Brown said.
The Montreal SPCA, which has supported the case since 2023, says the implications could reach much further, arguing lease restrictions banning animals in rental units are one of the leading reasons pets end up in shelters.
“Essentially, what the court is saying is that no-pet clauses are archaic and outdated and no longer in sync with how we as a society today relate to animals,” said Sophie Gaillard, director of animal advocacy and legal and government affairs at the Montreal SPCA.
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