WELFARE - City of Montreal Can Appeal Suspension of Pit Bull Ban

The City of Montreal has been granted permission to appeal a lower court ruling that suspended its controversial pit bull bylaw.

(bestfriends.org)

Quebec's top court will hear arguments Nov. 25. The two sides will be given 30 minutes each to present their case.

The SPCA had argued the law was discriminatory toward dogs that are not dangerous, overly vague in its definition of pit bull-type dogs, and could lead to the euthanasia of hundreds of healthy, well-behaved animals.

Mayor Denis Coderre's administration wants to see the rules restricting pit bulls go ahead despite a legal challenge to its law.

WELFARE - Judge Suspends Montreal's Pit Bull Ban Pending Hearing

Montreal SPCA’s initial court challenge to the city’s pit bull ban has been successful - the controversial ban has been suspended pending a court hearing on the merits of the case.

In his ruling, Quebec Superior Court Justice Louis Gouin said elements of the bylaw pertaining to the categorization of “pit bull-type dogs” are unclear. For that reason, the temporary suspension he ordered on Monday will remain in effect.

The SPCA argued the law was discriminatory toward dogs that are not dangerous, overly vague in its definition of pit bull-type dogs, and could lead to the euthanasia of hundreds of healthy, well-behaved animals.

"The challenge is to establish the limits of the very elastic definition of 'pit bull-type dog' and the court notes that, during the hearings, even the city has been unable to define those limits," the decision states.

Gouin also questioned whether the City of Montreal has the right to order the seizure and euthanizing of pit bull-type dogs that may not be dangerous.

"This court has the impression that certain articles of the bylaw were written in haste," Gouin wrote in his judgement.

He encouraged the city to go back and reflect on the definitions and wording between now and when the case is heard.

"The fight is far from being over, but we are very pleased with this first victory," SPCA lawyer Sophie Gaillard said in a news release.

"We are particularly delighted to be able to continue finding adoptive homes for all our healthy and behaviorally sound dogs, regardless of their physical appearance."

Other provisions of the new animal control bylaw remain in effect, such as the requirement that all dogs weighing more than 20 kilograms, regardless of breed, wear a halter or harness, and regulations that all dogs and cats have a license issued by the city.

When the bylaw was initially passed, there was an immediate outcry against it, so it's no surprise the suspension has resulted in a positive outpouring from organizations and individuals online. 

Many people opposed to the breed ban support legislation based on responsible pet ownership and dangerous dogs by deed rather than breed.

WELFARE - Montreal SPCA Fights City Breed Ban

This week Montreal city council passed a bylaw banning pit bull type dogs and digital media has erupted with outrage.

Breed specific legislation (BSL) is a controversial topic with passionate opinions on both sides.

The Montreal SPCA had threatened to tear up its contract for animal control services in Montreal if a breed ban went ahead.

They have taken their opposition to the new bylaw a step further - the SPCA filed for a judicial review and a stay of the bylaw in Quebec Superior Court on Wednesday.

"What we're asking as a first step is a judge from Quebec Superior Court suspend the application of the sections of the bylaw that deal with 'pit bull-type dogs' in order to eventually have these sections be eventually declared illegal, null and without effect,"  Alanna Devine, director of animal advocacy for the Montreal SPCA told the Canadian Press.

Devine said her organization supports measures to reduce serious dog bites, but doesn't think a breed ban will be effective.

The Montreal SPCA takes about 2,000 dogs into the city shelters it runs every year. Among them, she says, about a third, or 700, meet the bylaw's very broad standard as pit bulls or mixed with pit bulls or having characteristics of a pit bull type dog.

"Based on the way legislation is drafted, they can't be adopted," Devine told the Dodo.

All these animals, good-tempered or not, will have to be euthanized under the new legislation.

The Montreal bylaw was enacted in response to the fatal mauling of Christiane Vadnais several months ago.

After the vote was passed by a 37-23 margin, Montreal Mayor Denis Coderre told reporters, "My duty as mayor of Montreal is making sure I am working for all Montrealers. And I am there to make sure they feel safe and that they are safe."

The dog that attacked Vadnais was initially identified by police and media as a pit bull, but the dog’s breed is in question because he was registered as a boxer and police admit they are not experts in dog identification.

Critics of the bill claim it was enacted based on emotion and fear rather than science.

Ewa Demianowicz, a spokesperson for the Canadian branch of Humane Society International, told the Montreal Gazette in the last 30 years in Quebec, five other people have been killed by dogs, and all five cases involved dogs from the husky family.

The Quebec Order of Veterinarians has a lodged a formal complaint against the ban, saying its members have the right to choose whether they want to euthanize a dog.

The American SPCA (ASPCA) has even released a statement condemning Montreal’s bylaw.

“Studies have concluded that dog-breed identifications based on looks alone are completely unreliable—and the confusion only grows when dealing with mixed breeds, which is a fatal flaw in BSL,” the ASPCA wrote.

They went on to say that with the growing realization that more progressive, well-rounded “dangerous dog laws” that address individual animals and owners are more effective public policy than blanket breed bans, the trend in recent years has been for BSL to be repealed.

Other professional organizations such as the American Veterinary Medical Association, the Canadian Federation of Humane Societies and the Association of Pet Dog Trainers all agree that BSL does not work.

The new Montreal bylaw will come into effect next week, apply to all 19 boroughs and define pit bulls as:

• Staffordshire bull terriers
• American pit bull terriers
• American Staffordshire terriers
• Any mix with these breeds
• Any dog that presents characteristics of one of those breeds.

Anyone who currently owns a dog of those breeds and lives in Montreal will have to acquire a special permit in order to keep their pet by Dec. 31, 2016.

Other components of the bylaw:

• The cost to register a pit bull or other dog deemed dangerous is $150.
• Ownership of pit bulls and other dangerous dogs would be restricted to those 18 and older without criminal history of violence.
• The animals would have to be microchipped and sterilized by Dec. 31, 2019.
• Pit bull type dogs would also have to kept on a halter, muzzle and four foot leash whenever they are off their owner's property.

84 Dogs rescued from Quebec puppy mill

More than 80 have been seized from a large-scale commercial breeding facility in the Monteregie region south of Montreal. 

Montreal's SPCA, Quebec Ministry of Agriculture, Fisheries and Food and the Humane Society International/Canada worked collaboratively to investigate and secure the facility. This commercial breeder had already received fines for non-compliance with Quebec animal protection legislation. 

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In 2012, the Quebec government adopted new legislation requiring the standards for the keeping and care of dogs and cats. Earlier this year, it announced a permit system will come into play this fall for facilities with over 15 dogs or cats.