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Jan Wong: Exotic pets should be illegal—for their sake and ours

Yasmin Nakhuda and her wandering IKEA monkey revealed an underground economy of exotic pets in desperate need of policing

Jan Wong: How the Ikea money revealed an underground economy of exotic pets in desperate need of policing

(Illustration: Sean McCabe)

A few years back, I considered acquiring a goat for lawn care. It would nibble everything in sight, including the dandelions. And if I got the right sex, I could even make artisanal yogurt.

Goats are, of course, verboten in Toronto homes, as are pigs, cows, sheep and chickens. Ditto for an array of marsupials, reptiles, primates, elephants, bears and venomous snakes, which is why, like so many other reasonable city dwellers, I was bemused by the saga of Darwin, the Japanese snow macaque, who last December was famously found wandering around an IKEA parking lot in North York in a double-breasted faux shearling coat. Darwin’s owner, a voluble real estate lawyer named Yasmin Nakhuda, eventually signed the paperwork transferring ownership to Toronto Animal Services, which passed Darwin on to a primate sanctuary in Sunderland, Ontario. Almost immediately, Nakhuda regretted relinquishing custody and filed a suit in the Ontario Superior Court, saying she considered herself Darwin’s “mom.”

I’m baffled why Nakhuda, the mother of two (human) children, wanted a furry animal like Darwin, who required, at least in her opinion, diapering, bottle-feeding and a wardrobe. But apparently owning such a beast is legal. Or not. It’s hard to say. Unfortunately, the federal, provincial and municipal laws are a zoo. Chalk it up to a failure of co-ordination, but federal laws forbid making pets out of migratory birds, such as Canada geese, mallard ducks or robins, and leave rules governing the ownership of other wild animals to the provinces and municipalities. Provincial laws, the domain of the Ministry of Natural Resources, mainly serve to protect indigenous species. Ontario bans domesticating native mammals, such as skunks, squirrels, raccoons and beavers, as well as reptiles and amphibians.

Meanwhile, municipal bylaws, which tend to focus on health and safety, prohibit the keeping of all kinds of exotic pets, including primates like Darwin, large cats like tigers, leopards and cougars, sloths, armadillos and all manner of Crocodyliae. Snakes are allowed, provided they’re less than three metres long and not venomous. The problem is, even when rules exist, they’re seldom enforced—until an animal gets free or a human is attacked.

Darwin’s case laid bare the contradictions within Toronto’s own bylaws. At the four-day trial this spring, Nakhuda’s lawyers argued that Darwin was not wild, but domesticated, noting that he even accompanied his owner to the gym (hers, not his). The court also heard that although a monkey is a prohibited pet in Toronto, city bylaws provide no authority for animal services to either seize Darwin or keep him from his owner. That’s why a clerk at animal services presented Nakhuda with some sort of form, which she hastily signed. Her lawyer said she was misled and didn’t understand she was giving up ownership of the monkey. Lawyers for the primate sanctuary noted that she is a lawyer herself. They contend that she was fed up with Darwin and saw a chance to dump him.

The case law is so thin that lawyers on both sides were forced to rely on legal precedents nearly a century old. In one, a fox wandered off its owner’s property and was shot dead by a neighbour. The court sided with the neighbour. It ruled that the owner lost title when the fox left. Similarly, in Darwin’s case, the court heard that he was Nakhuda’s legal chattel; she bought him for $5,000 from an unnamed Montreal exotic animal breeder. Lawyers for the other side argue that she lost title to Darwin once he left her property, namely her car parked at IKEA, and animal services then lawfully confiscated him.

All this confusion over a pet primate. In an age of government cutbacks, perhaps we shouldn’t waste time drawing up laws in anticipation of every human idiocy. Let’s just use common sense and avoid making Toronto into a safari park.

Wild animals are bad for humans. They can’t be domesticated. Many are carnivores hard-wired to hunt and kill their food. The recent deaths of two little boys in Campbellton, New Brunswick, illustrate my point tragically. Four-year-old Noah Barthe and his six-year-old brother, Connor, were strangled to death during a sleepover at a friend’s house by a 4.3-metre African rock python. The snake had escaped from its enclosure in an apartment above Reptile Ocean—a pet store owned by the friend’s father—before slipping into the ventilation system and falling into the living room where the boys were sleeping. A criminal negligence investigation is underway.

Domesticated animals such as dogs and cats thrive under human care and are supported by an entire industry that has evolved to meet their every need. Pet stores sell nutritious food for them. Veterinarians treat them for diabetes and cancer. Coaches train owners on how to handle nervous, hysterical, depressed or angry dogs and cats. But it’s easy to bungle the care of exotic animals because, well, they’re so rare.

I confess my own incompetence, even with animals not particularly exotic. My husband and I once accepted a baby hairless guinea pig from one of my son’s persistent Grade 5 classmates whose own guineas had had a litter. We had no idea how to care for it. We did the research. We asked pet stores. We gave him a proper diet, cleaned the cage regularly and let him roam around the kitchen for exercise, cleaning up the little black pellets of poop afterward. But despite our loving care, Al died within a year. We buried him in a Tupperware container in our backyard.

Humans are bad for wild animals, too. We take in exotic pets out of a selfish desire for something novel and exciting, without giving much thought to what’s best for the animal or for other city dwellers. Nathalie Karvonen, the executive director of the Toronto Wildlife Centre, sees this behaviour all the time. “There will always be someone in Toronto who wants to own a lion,” she says. The bigger problem, in her view, is the native wildlife—raccoons and squirrels—that people capture as pets, usually to educate or amuse their children. She says the animals often end up with severe malnutrition, bone deformation and early death. “We get calls for help at the end of every summer, but we don’t have the resources to take in half-tame, half-wild animals.” She recommends humane euthanasia, much to the dismay of the wannabe Jane Goodalls on the other end of the line.

Here’s a suggestion: let’s let wild animals be wild, and foreign animals be foreign. I hereby promise not to get a goat.

  • Pinenousel

    Fuck you.

  • ebolaoutkast

    The author, Jan Wong, contradicts herself. She projects her own incompetence with pets on every person. Not everyone is going to be a suitable caretaker for animals, and Jan apparently is one of them. The domesticated animals that she thinks thrive in captivity are also under a threat of being cared for abysmally, such as her guinea pig example. Now take into consideration that exotic pet owners are often more exceptional with animal care, knowing that they are dealing with something high-maintenance, while ‘easy’ pets like dogs and cats often are over-bred, overpopulated, and can end up in abusive situations given their immense popularity. Also consider how stupid it is that the author speaks about great ‘pet food’ available for dogs and cats. Anyone who knows anything about pet food knows about the crappy quality of most dog and cats foods, and many times exotic pets will get the real deal, actual meat, actual vegetables, and/or the best quality prepared foods on the market.

  • Colleen

    Jan Wong, really? C’mon that was a lame attempt to get yourself noticed. It’s onbvious from reading the garbage you wrote that you have no idea what actually happened, if you did you would have known Ms.Nakhuda did not sign her monkey over willingly, she sat in an isolated room for almost 30 minutes crying uncontrollably refusing to sign the release for she was cohorced into signing by the TAS ( Toronto Animal Society). She was told unless she signed that form she would never see Darwin again. They told her they needed that form signed so they could have Darwin “ikea Monkey) tested for herpes. The TAS officer admitted in court, Ms.Nskhuda was visibly shaken up and very upset. She went to TAS to get her monkey back, not sign him over.

    This is just another jab at Ms.Nakhuda from another person who wants to claim fame at Ms.Nakhuda’s expense. Get over yourself Wong, Ms.Nakhuda has fought bigger snot rockets then you over the last 10 months, if all that’s already been done to this woman hasn’t brought her to her knees, your contractional insignificant little write up certainly won’t phase her.

  • Colleen

    Wong, you claim to have owned a guinea pig for a year and let him roam the kitchen where he pooped? Do you have children? Did your family eat in that same kitchen your guinea pig pooped in? Sadly I see why the poor thing lived a short life in your care. From what I have read, I don’t think you are fit to own an animal, much less pass judgement on someone who can, and has actually cared for many different animals including a Guinea pig.

    You said the owner of Story Book Farm, Ms. Sherri Delaney told the court, Ms.Nakhuda no longer wanted Darwin, “she grew tired of him” how typical coming from a woman who knew of Darwin’s “escape” from the Nakhuda family vehicle and capture by TAS long before Ms.Nakhuda herself..hmmm seems rather suspicious don’t you think? Not more then two hours of Darwin’s capture, Story Book Farm Primate Sanctuary was all over twitter begging for donations for a monkey they hadn’t even gotten yet and according to Ms.Delaney’s court statement, she claims she didn’t hear of Darwin’s capture until the next morning. DOLLARS FOR DARWIN could be seen all over the web all the next week. $1700 Ms. Delaney takes in by the end of Darwin’s first week there. Ms. Delaney claims that Ms.Nakhuda has tired of Darwin and didn’t want him “hastily” hands him over? So far Ms.NAKHUDA has spent a fortune on court costs and lawyers fees to bring home a cherished pet she did not willingly hand over to TAS, but was badgered into signing him over by a TAS officer who’s boss was on the phone with him and said ” do not let her leave without signing the release form” all this was admitted in court but Ms. Wong forgot to mention that. She also forgot to mention that Sherri Delaney founder and owner of Story Book Farm Primate Sanctuary didn’t have a permit to house Darwin at her sanctuary and didn’t receive one until 3 days before she was to go to court, when her good friend and Mayor of Brock Township issued her a licence. The same licence Ms.Nakhuda didn’t have to keep Darwin in Toronto and was fined for. I guess being a cop and a close friend of the mayer’s sure foes have its benefits. Does a person spend thousands of dollars to get her pet back if she didn’t want him or had tired of him? Get real Ms.Wong!!

  • nanci

    Well done Jan, I couldn’t agree more. PS. I once wanted a goat too!

  • Lynda Corkum

    Colleen… are we to be led to believe that Ms. Nakhuda knew so little about the law that she would not have known she could seek legal advice before signing the form? Or that she couldn’t understand the language of the simple form that she signed? If her reading and comprehension skills are that bad, then surely her legal skills cannot be stellar either. And it is clearly stated in the municipal bylaws that having a monkey is ILLEGAL… but as a lawyer perhaps she thought that she is above the law. I have read the judgment and, apparently, the judge also was unconvinced that Ms. Nakhuda did not understand what she was signing. There are a lot of inconsistencies in Ms. Nakhuda’s statements… it really is hard to see her as a cowering victim who is so overcome with emotion that she doesn’t know what she is signing. She had no business “owning” a monkey… nor does anyone else! They don’t wear clothes nor do they go to the gym! The sanctuary is a much better option for the monkey… and Ms. Nakhuda should maybe stick to having a Gund toy on her bed.