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The City of Vancouver has lost an appeal in B.C. Supreme Court challenging a ruling made last year that a woman's two guinea fowl hens were being kept as pets, not poultry.

Justice Neena Sharma's decision on the appeal was handed down Monday, after the city argued again that "a guinea fowl is a fowl, and therefore prohibited." The matter was by Arielle Reid, who disputed a charge laid by the city alleging she violated a municipal bylaw by "harbouring a prohibited bird." While the city allows exotic birds to be kept as pets as long as a person does not have more than 12, it also prohibits the keeping of most types of poultry or fowl.



However, guinea fowl are not explicitly mentioned on the list of what is allowed or on the list of what is prohibited. When determining whether the guinea fowl hens were pets or poultry, the lower court judge considered the reasons why Reid had the birds, the care she took of them and that her decision to keep them did not adversely impact anyone else. "The disputant kept them as beloved companions, for the pure pleasure of their proximity.

Perhaps the same reasons many keep canines or felines, budgies or parrots," the September 2023 decision says. "Her conduct in stewardship and care of these birds is exemplary. She has provided for these birds an exceptional sanctuary.

(The evidence) shows an excellent coop, clean, airy and bright with fresh water and food, demonstrating the disputant’s diligent efforts in creating a comfortable habitat for th.

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