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He May Shop at Ikea, But This Monkey is Still a Wild Animal, Says Court

He May Shop at Ikea, But This Monkey is Still a Wild Animal, Says Court

You remember Darwin, right? That adorable, coat-wearing, little monkey found wandering alone in the parking lot of a Canadian Ikea captured the hearts of social media users everywhere. Well, it looks like Darwin the “Ikea Monkey” will not be returned to his owner, according to a recent Canadian court ruling.

Last winter, Darwin escaped from a locked crate in a car. Ontario Superior Court Judge Mary Vallee ruled that, once the monkey made his escape, his caretaker Yasmin Nakhuda no longer had any claim of ownership. Darwin, a macaque, is a ”wild animal,” and that’s important to the decision:

“(Case law) states that the nature of an animal, rather than how it is treated, determines whether it is wild,” Vallee wrote in her decision.

“The monkey lived in Ms. Nakhuda’s house. He wore clothing. For a time, he slept in Ms. Nakhuda’s bed. These attempts at domestication were imposed on him.”

Attempts may have been made to domesticate Darwin, but it didn’t really take. Darwin bit people and had to wear a diaper because he couldn’t be potty trained. In addition, the monkey spent most of the time in a harness so he couldn’t run away. Even though he wore clothes and sometimes slept in Nakhuda’s bed, Darwin is definitely a wild animal. According to the law as it stands, a wild animal is only owned by someone as long as the animal is in that person’s possession.

This might seem severe since Darwin lived with Nakhuda for months. The problem, however, is that Darwin isn’t a dog, cat or some other animal that has been widely domesticated. It’s very important for the owner of such a pet to be in control, wrote Judge Vallee.

“A high onus regarding provision of secure housing for wild animals is appropriate to place on their owners,” her decision reads. “Wild animals, particularly exotic ones, can be dangerous to the public.”

Macaques are known disease carriers and are prohibited animals in Sunderland, about 100 km north of Toronto, where Darwin was found.

The fact that Darwin is a wild animal can get lost in the shuffle. He was wearing clothes and has a cute name. Plus, monkeys kind of look like people. Humans are primate, too, after all. But Darwin isn’t a person. He’s a monkey and deserves to be around other monkeys like him.

Sadly, this case wasn’t about the best interests of Darwin. The monkey, Judge Vallee wrote, is a piece of chattel. The case was about who owned Darwin once he escaped. It’s a crude way of thinking about it. Personally, it’s hard for me to look into the eyes of any primate and see something that I can own. But Vallee has a point: Darwin isn’t a human child, and we treat animals differently from humans.

Darwin will stay for the time being at Story Book Farm Primate Sanctuary, the same place he’s lived since he was seized by animal services. While it’s too bad that Darwin was taken away, this is probably for the best. I think we have a collective habit of anthropomorphizing animals. This is to be expected; none of us have any experience living as anything but a person.

However, we need to remember that animals aren’t people and have different needs. If we’re going to respect and take care of our fellow creatures, we shouldn’t forget that.

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Photo Credit: CNN

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111 comments

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5:15AM PDT on Sep 29, 2013

this new thing of wild animal sanctuaries is very encouraging! Chimp Haven and the place where Darwin went--very encouraging! this helps to combat the heartbreaking articles on Care2

5:04AM PDT on Sep 29, 2013

thank you all the good comments, especially Patti G.'s comments. I;m really glad Darwin is in an animal sanctuary!

9:03AM PDT on Sep 24, 2013

Don't understand why the hell governments allow people to keep wild animals as pets??????? Most people can't/don't even take care of dogs, cats, rabbits etc properly let alone a non domesticated animal!! In the Far East there is the illegal pet trade where many endangered animals are being taken out of their environments eg Slow Loris. There needs to be a world wide ban on people keeping all wild animals and it needs to be enforced!!

1:18PM PDT on Sep 23, 2013

interesting

12:37PM PDT on Sep 23, 2013

I'm happy that he was taken away and put in a sanctuary for his health and to emphasize to society that it isn't okay to keep wild animals as pets. Especially because keeping wild animals as pets encourages the exotic animal trade-which is not okay. I feel like the previous owner should have known that it is illegal to keep a monkey in Ontario-ignorance of the laws isn't okay.

7:06AM PDT on Sep 23, 2013

Green star on the way, Patti G. "While it's too bad that Darwin was taken away..." had me screaming. There really are a very high percentage of utter morons allowed to 'publish' on this site.

10:46AM PDT on Sep 22, 2013

ty

9:45PM PDT on Sep 21, 2013

I feel sorry for the previous owner of this monkey. However she needs to think of this animals welfare before being selfish of keeping and trying to domesticate a innocent wild animal forcing him to do things the way she wanted. This monkey belongs in between other monkeys & not in between human beings. It is like that some one is forcing Ms. Nakhuda to do the things which she may be never heard or known before. This poor monkey does not need to go wearing diapers all his life time & wearing clothes or even worse was having tied him to a harness that he should not run away. Imagine the imprisonment this innocent animal might have felt through out his stay with this lady? No wonder Darwin escaped from that prison at the time when he realized the owners had gone away. I applaud the Judge Vallee's decision that this voiceless monkey belongs in the presence of other monkeys and in this case it is the Sanctuary. It is now too late for him to be released into a jungle.

8:22PM PDT on Sep 21, 2013

thanks!

7:34PM PDT on Sep 21, 2013

No one should be allowed to own wild animals as pets- the mother animals were kept in crappy cages to give birth, and then have the babies taken from them to be sold to idiots with money- just like a horrible puppy mill, but even worse for an intelligent animals like a primate....

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Colleen H. Colleen H. is an Online Campaigner with Care2 and a recent transplant to San Francisco from the East... more
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