Animal Justice has been granted leave to intervene at the Divisional Court of Ontario in a groundbreaking discrimination case brought by vegan firefighter, Adam Knauff. This case raises the novel question of whether a belief in ethical veganism is a type of “creed”, a protected ground under the Ontario Human Rights Code.
In 2023, the Human Rights Tribunal of Ontario (HRTO) denied Mr. Knauff’s claim that his belief system as an ethical vegan counted as a creed. Now, Mr. Knauff seeks judicial review of that decision from the Court. The Court has given Animal Justice permission to intervene, to argue that ethical veganism as a secular belief system meets all the requirements to be protected as a creed, when the case is heard in court in Toronto on February 4, 2025.
Mr. Knauff Was Denied Vegan Food While Fighting British Columbia Forest Fires
Mr. Knauff is a veteran forest firefighter and has been vegan for over 25 years to avoid harming animals.
In 2017, Mr. Knauff was sent to BC to protect peoples’ homes from raging forest fires. Despite working long hours in physically demanding conditions, Mr. Knauff’s employer denied him sufficient and appropriate vegan food at the basecamp where he was stationed. He was often served meals with meat or dairy products—which he cannot eat due to his ethical beliefs; nutritionally inadequate meals without a source of protein; and, sometimes, no food at all. He repeatedly tried to work with management to improve the situation but was unsuccessful.
After expressing frustration that he wasn’t being fed, Mr. Knauff was sent home, disciplined, and suspended without pay for a period of time.
Legal Protections for Ethical Vegans
In 2015, the Ontario Human Rights Commission updated its policy on creed-based discrimination to extend greater protections to those with non-religious belief systems. Previously, creed was considered to include only religious beliefs. But the 2015 policy made clear that creed may also include non-religious beliefs that “substantially influence a person’s identity, worldview and way of life”. Animal Justice was a driving force behind the policy.
Ethical veganism fits perfectly within this expanded view of creed. Ethical vegans’ beliefs are based on compassion for all animals, and they try to avoid harming animals in their daily choices. In accordance with these beliefs, ethical vegans typically choose not to eat animal-based foods like meat, dairy and eggs, not to wear animal products like fur, leather, and wool, and not to buy products that are tested on animals.
Around the world, employers and courts are increasingly recognizing that ethical veganism is a comprehensive belief system that extends beyond a mere diet, and is worthy of legal protection. For instance, a Tribunal in the UK ruled in 2020 that ethical vegans are protected by law against discrimination, and ethical veganism has also been recognized as a protected belief in Denmark, Italy, and Germany.
Challenge to the Tribunal Decision
Unfortunately, the Human Rights Tribunal of Ontario rejected Mr. Knauff’s claim that his beliefs were protected. The Tribunal recognized that creed protects non-religious belief systems, yet found ethical veganism was not a creed because it “does not address the existence or non-existence of a Creator and/or a higher order of existence”.
Animal Justice sought permission to intervene in the case before the Tribunal to offer its expertise but was denied. Animal Justice believes the Tribunal incorrectly framed the legal question, and is out of step with international legal developments and legal scholarship. While it is true that ethical vegans do not have a deity, it does involve a connection to a higher order belief system. This decision is troubling not only for ethical vegans but for others who have important belief systems that are not religious in nature.
Now, Mr. Knauff has received permission to judicially review the Tribunal’s decision, arguing that the Tribunal erred in its understanding of creed and of ethical veganism. This case is groundbreaking as it will be the first time an Ontario court will grapple with the significance of ethical veganism and whether it is a protected creed. Animal Justice will argue that ethical veganism is an important belief system that addresses fundamental questions of human existence.
This case is of critical importance to the approximately 850,000 vegans across the country, and the countless animals that they protect with their consumer choices.
