Breed Bans - Bad
Idea
There are no bad dogs, just
bad owners - Think these laws will not affect you because you do not
own a dog on the list? Think again!
Persecution
Ontario Style
She was at home with her two
young children one afternoon in July when there was a knock at the
door. An ACO officer said he was there to follow up on a complaint.
He did not specify what the complaint was, however later she found
out it was someone in her apartment building complained she owned
“pit bulls”.
This person has 2 dogs. One is 1 ½ years old (a Jack Russell Terrier
mix) and the other is a 4 month old pup she describes as a hound
cross. The hound cross was given to her by another couple who told
her they could not keep the dog and couldn’t think of a better home
for him.
The ACO officer asked if he could come in. She then invited him in,
not suspecting any trouble since she had done nothing wrong. Her
dogs are and have been always under her watchful eye, leashed on
walks and they play with all the children who live in the apartment
building. Once the ACO officer was in her apartment he asked her
“have you ever heard of the “pit bull” ban”? She was quite shocked
and answered, “yes I have heard of it, but it doesn’t apply to me or
my dogs since I do not own ‘pit bulls’.” The ACO officer then asked
her if he could take some pictures of her dogs. She agreed, thinking
it was for a licensing infraction. He had also asked her if her dogs
were licensed. The woman told me her dogs sat quietly while he
snapped several pictures of them from several different angles.
During this process, the woman’s children were becoming quite
nervous and upset with the ACO officer’s tone. They started to ask
if this man was going to take their dogs and began to cry. The ACO
officer then told the children he was not going to take their dogs
and asked the woman to come out to the hall to speak to him
privately.
He told the dog owner out in the hall that "having this breed of dog
is the same as possessing illegal drugs". He handed her his business
card and a blank SPCA card with 'Surrender for Destruction" written
on it.
He also gave her three pamphlets: the City Bylaw, the Dog Owners'
Liability Act (DOLA) section on 'Pit Bull' Controls and the entire
DOLA.
The dog owner was dumfounded. She didn't understand what was wrong.
He told her the dogs had to be destroyed. He made an appointment to
come back the next day at the same time to collect the dogs if she
hadn't already turned them in. He warned her to be sure the dogs
were handed in or were there when he returned. He cautioned her not
to think of moving them to a nearby town. "If they go anywhere, it
has to be out of province".
When he returned the next day to carry out his task, she told him
the dogs were gone.
"What?" was his response "Where are they? Where are the dogs?"
"They're not here. If you have any paperwork, then charge me with
something".
"Where are the dogs?"
"Sorry sir, they're not here"
He tried to get into her apartment to look around.
She told him to come back with a warrant, slammed the door and
locked it.
It took one month for anyone to contact the woman again regarding
this matter. However, several weeks ago, police knocked at her door
to formally charge her with 2 counts of owning a prohibited dog
under DOLA.
On August 29, 2005, against significant expert opposition, the
Ontario Liberal government implemented Bill 132 (2005) to amend the
existing Dog Owners' Liability Act. This document attempts to
summarize the key changes to the Act.
§ The law defines a "pit bull" as a pit bull terrier, a
Staffordshire Bull Terrier, an American Staffordshire Terrier, an
American Pit Bull Terrier, or a dog that has an appearance and
physical characteristics that are substantially similar to those
dogs. If your dog appears to be in this category and your dog lived
in Ontario on August 29, 2005, or was born in Ontario before
November 27, 2005, you own a "restricted dog". Restricted dogs must
be muzzled, leashed, and sterilized. If your dog appears to be in
this category and it was born in Ontario after November 26, 2005, or
was brought into Ontario after August 29, 2005, your dog is illegal.
It could be confiscated and destroyed and you could be fined up to
$10,000 and sentenced to up to six months in jail.
I have kept in close contact with this woman. She feels very
isolated and afraid for her dogs' lives, her children’s wellbeing
(they have been in a state of fear since this all began) and is
nervous about having been charged under provincial legislation,
which carries a harsh penalty if found guilty. In further
communication with her I've learned of several different points that
have come to light since her initial visit from the ACO.
|
Apparently, there is a
licensing push on at the apartment complex. Bylaw officers
have been visiting the apartment buildings, selling licence
tags door-to-door. They are trying to boost licensing
compliance, which is at about 10% across the province. |
|
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The dogs in question are
mainly white, medium-small dogs which to me look like pariahs - I
have pictures which I don't want to post here. They could be
anything but the Jack Russell mix description fits very well. The
pup is too young at four months to be more than a white,
short-haired pup with a longish snout and some black markings.
I asked if she had any ideas about how the officer happened to be
carrying a camera. She suspects, but can't prove, that the new
superintendents reported all the dog owners to Bylaw enforcement.
Apparently the new superintendents have been hassling people about
their dogs.
She has never had any complaints from anyone about her dogs. They
are well behaved and the older one is very obedient and gets along
with everybody. Immediately following the first visit from the ACO
officer ALL the children who live in the apartment building wrote
letters to the officer telling him how all the kids play with these
two dogs. They expressed how they know and love these dogs and that
they would not hurt anyone.
For the dogs’ safety, they were sent to a safe place. They will not
return home until this court case is over. Their lives depend on it
and the woman is not willing to take any chances. The kids miss
their dogs, Mum misses the dogs and you can bet the dogs miss
everybody. The woman has retained a lawyer and her first day in
court is next week.
By
Lori Gray
Many areas of the world are turning
towards banning certain breeds of dogs, rather than deal with the
owners themselves. If this turns up on the ballot in your area, be
sure to
Vote NO to Breed Ban Legislation.
Breed Bans - Bad Idea
Lucky the Labrador Retriever
Persecution
Ontario Style
To Whom It May Concern: An Open
Letter Regarding Breed Bans
