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.

BEHAVIOUR - Dog Bite Prevention and BSL, What Works?

When it comes to breed specific legislation (BSL), emotions run high and empirical evidence is lacking.

The dogs most commonly targeted for BSL are “pit bulls,” a group that includes Bull terriers, Staffordshire bull terriers, American pit bull terriers, American Staffordshire terriers, and any mix of these breeds.

Identifying pit bulls is a challenge, since the validity of genetic testing is ineffective because “pit bull” is a type rather than a recognized breed, and identification based on physical characteristics is unreliable.

BSL has been enacted in many jurisdictions globally, despite evidence that bite frequency does not drop as a result.

In fact, some jurisdictions have seen an increase in bite frequency following BSL.

Toronto, as a notable Canadian example, has had an increase in bite instances since instituting a pit bull ban in 2005. The Netherlands repealed a 15-year ban after finding that dog bite frequency had not been reduced.

When a jurisdiction is used as its own control, meaning that the jurisdiction is tested against itself before and after enacting BSL, there is no significant reduction in incidence.

So why does it remain such a popular option if it is expensive to enact, difficult to maintain, and demonstrably ineffective?

One study published by the AVMA suggests that this enthusiasm is due to a misperception of risk (people believe that the risk associated with dog bites is higher than it is, and that the risk associated with certain breeds is higher than it is), stereotyping and misinformation about breeds, and the belief that BSL is effective despite evidence to the contrary.

There are alternatives, and they appear to be effective. Italy repealed its breed-specific regulations in 2009, and replaced them with laws that focus on the owner. Health Undersecretary Francesca Martini said, “The measures adopted in the previous laws had no scientific foundation… With this law we have overcome the black list, which was just a fig leaf (over the larger problem), and we have increased the level of guarantees for citizens.”

Calgary, Alberta has adopted a similar approach to dog bite prevention, focusing on owner education and placing the responsibility for safety on the owners, rather than the dogs.

Calgary-based trainer Megan Armstrong, CPDT-KSA, CBCC-KA, agrees that focusing on the owner is critical. “We must better educate dog owners on canine communication and body language… In an ideal world, we would be looking at it being mandatory that dog owners train and socialize their dogs versus putting the blame on a breed. Dogs follow our direction, so we must hold dog owners more accountable to how they are training and raising them versus making the dog pay for our errors.”

Despite this evidence, and public support for owner-focused legislation from high-profile pet organizations such as the National Companion Animal Coalition, BSL seems here to stay.

As some repeal BSL, other jurisdictions, like Quebec, are currently contemplating enacting it. And some Canadian insurance providers deny coverage to pit bull owners, or charge higher premiums for owners of pit bulls.

By Tiffany Sostar

Tiffany is a writer, editor, academic, and animal lover who came late to her appreciation of pets. At 18, a rescue pup named Tasha saved her from a depression and she hasn't looked back. She has worked as the canine behaviour program coordinator for the Calgary Humane Society, and was a dog trainer specializing in working with fearful and reactive dogs for many years. She doesn't have any pets right now, but makes up for it by giving her petsitting clients (and any dogs she comes across on her frequent coffee shop adventures) extra snuggles.

Despite Breed Ban, Toronto Dog Bites Increase

(bestfriends.org)

Despite a breed-based ban culminating in a dramatic drop in the number of pit bull type dogs in Ontario, reported cases of canine bites has increased.

In Toronto, for instance, there were 576 bites in 2004 (a year before the ban) and 767 in 2014, Global News recently reported.

The numbers are not what those who backed the ban would have predicted. 

Indeed, then-Attorney General Michael Bryant, assured the ban was “the beginning of the end of the reign of terror, imposed by pit bulls” and would “over time” mean “fewer pit pull attacks.”

Now, however, the question illustrated by Global News remains – if almost all the pit bulls are gone, why do dog bite numbers continue to climb?

Parkdale-High Park MPP Cheri DiNovo, says it is because the problem was never with pit bulls. “I’m not surprised at all by those statistics,” she told Global. “I would think they were inevitable.”

Under the ban, four breeds often all referred to a'pit bulls' (pit bull terriers, American Staffordshire terriers, Staffordshire bull terriers and American pit bull terriers) had to be kept muzzled or leashed in public and sterilized within two months of its passage and it became illegal to breed the dogs or import them into the province.

There are now just over 300 pit bulls in Ontario compared with more than 1,400 about a decade ago – and in theory, pit bulls should cease to exist in Toronto by 2020.

But as pit bull numbers dwindle, dog bites have continued to climb since 2012. In Toronto, bites hit the highest levels recorded this century in 2013 and 2014.

That is because other dogs do the biting.

In 2014, German shepherds, labs, and Rottweilers were among the top offenders along with little dogs including Jack Russell terriers, shih tzus and Maltese.

Some believe breed-based bans are a practical ploy to improve public safety.

While others, like Teegan Buckingham, with the Toronto Humane Society, say it has punished a particular breed - the Ontario Veterinary Medical Association estimating the law, by 2012, had led to more than 1,000 of the demonized dogs and puppies with no history of violence being euthanized. “We would love to see the pit bull ban lifted,” Buckingham told Global.

DiNovo favours a system similar to Calgary where officials have seen a dramatic drop in bites since the 1980s without a breed-based ban but by promoting education of dog owners, children and strict enforcement.

Bill Bruce, Calgary's animal services director at the time, spoke before an Ontario government committee several years after it imposed its ban to debunk beliefs it would mean less bites.

“What we did learn is that when you do ban a breed, of course, the bites go down for that specific breed; that’s no surprise,” Bruce told the committee. “If there are fewer of them, there are fewer opportunities. But what we found is that bites tend to go up dramatically in other breeds. Any dog, again, can bite, and it’s coming back on the owner to make that determination if a dog is safe or not.”

Dr. Dale Scott, president of the Ontario Veterinary Association at the time, told the committee breed-based bans do not work because they are based on incorrect assumptions not backed by scientific research - “that only certain breeds are dangerous and that all dogs that belong to those breeds are dangerous.”

By Nadia Moharib

Nadia Moharib is an animal lover who has adopted everything from birds to hamsters, salamanders, rabbits, fish and felines. She has written about all-things-pets for years and was a long-time editor of a pet magazine in a daily newspaper which featured a Q & A column, Ask Whit, penned by her pooch (ghost written, of course.) The serial dog owner lives in Calgary, Alberta and most days can be found at a dog park picking up after her rescue pooch, Scoots.

RESEARCH - DNA Study Shows Inconsistent Identification of Pit Bulls

A recent survey shows shelter staff are inconsistent and often incorrect when it comes to identifying a dog's breed - a potentially devastating, if not deadly, error for any canine labelled a pit bull.

"In the high-stakes world of animal shelters, a dog's life might depend on a potential adopter's momentary glimpse and assumptions about its suitability as a pet. If shelter staff has labelled the dog as a pit bull, its chances for adoption automatically go down in many shelters,” says Julie Levy, professor of shelter medicine at the University of Florida College of Veterinary Medicine and the lead author of a study published in The Veterinary Journal.

"Identification of dogs as pit bulls can trigger an array of negative consequences, from the loss of housing to being seized by animal control, to the taking of the dog's life."

The findings show one in five dogs genetically identified as 'pit bulls' were missed by shelter staff while one in three deemed to be pit bulls had genetic testing which contradicted the claim.

More than half (52%) of staff identified dogs as pit bull-type when in fact DNA showed only 21% were indeed pit bull type.

The findings are troubling given shelter staff and veterinarians are often expected to guess a dog's breed based on appearance alone and potential adopters often infer, based on apparent breed, what kind of pet a particular pooch will make.

The past few decades have seen an increase in ownership restrictions on breeds including pit bulls and dogs that resemble them based on assumptions certain breeds are inherently dangerous, that such dogs can be reliably identified and restrictions will improve public safety, the study states.

That reality, in addition to negative stereotypes dogging pit bull-types, means inconsistency by shelter staff to correctly identify a breed can be dangerous - the designation often devastating, and at times a death sentence, for dogs waiting to be adopted.

"These results raise difficult questions because shelter workers and veterinarians are expected to determine breeds of dogs in their facilities on a daily basis. Additionally, they are often called on as experts as to whether a dog's breed will trigger confiscation or regulatory action. The stakes for these dogs and their owners are in many cases very high,” Levy says.

"A dog's physical appearance cannot tell observers anything about its behaviour. Even dogs of similar appearance and the same breed often have diverse behavioural traits in the same way human siblings often have very different personalities.”

Researchers evaluated breed assessments of 120 dogs made by 16 shelter workers, including four veterinarians, at four facilities – all had a minimum of three years experience working at shelters.

Then researchers developed DNA profiles from blood samples taken from each dog and compared the findings against staff assessments.

Levy suggests, rather than relying on a dog's appearance or apparent breed as a predictor of behaviour, public safety would be better served by taking steps to prevent dog bites, including supervising children, understanding canine body language, fixing dogs and socializing puppies.

By Nadia Moharib
Nadia Moharib is an animal lover who has adopted everything from birds to hamsters, salamanders, rabbits, fish and felines. She has written about all-things-pets for years and was a long-time editor of a pet magazine in a daily newspaper which featured a Q & A column, Ask Whit, penned by her pooch (ghost written, of course.) The serial dog owner lives in Calgary, Alberta and most days can be found at a dog park picking up after her rescue pooch, Scoots.

Breed Specific Legislation heading the way of the dinosaur

Several U.S. municipalities are reconsidering their approach to breed specific bans. 

For 30 years, more than 700 cities across the country enforced pit bull restrictions and bans. Over the past two years, more than 100 of those communities have overtunred the legislation, including nine since June, 2014. 

Advocates argue the bans have been ineffective in reducing dog bites and led to millions of dogs being euthanized. They say too often, animal control officials, law enforcement and the media misidentify offending dogs as pit bulls. 

This year, South Dakota and Utah joined 17 other states in passing laws to prevent local governments passing "breed-specific legislation" (BSL), making it illegal for cities to pass bans targeting pit bulls or any other breed. 
  
READ MORE: U.S. Communities increasingly ditching pit bull bans 

In Canada last year, New Westminster B.C. reviewed their own breed specific provisions. At the time, most of the Lower Mainland was moving toward breed-neutral legislation. The City of Winnipeg introduced Canada's first ban on pit bulls in 1990 and Ontario introduced its province-wide Pit Bull Ban in 2005. In 2004, New Brunswick considered breed specific legislation but opted instead for legislation which deals with all dangerous dogs. In Calgary in 2013, the city received public pressure for BSL following three separate attacks by pit bulls. 

According to statistics posted online in February 2013 by the American Temperament Test Society, 86.8% of American Pit Bull Terriers successfully pass their temperament evaluations - a higher passing rate than many other popular breeds such as Golden Retrievers, Cocker Spaniels, Collies, Boston Terriers and Dachshunds. Out of 32,438 dogs tested since the organization was founded in 1977, the average passing rate for all breeds is 83%.

READ MORE: Does the breed of a dog tell us anything about its behaviour?

South Dakota law prohibits municipal breed bans

A new law protecting breed specific discrimination in municipalities went into effect in South Dakota  July 1, 2014. 

Senate Bill 75, signed into law by Gov. Dennis Daugaard in March, prevents local governments from regulating certain dog breeds. The bill was specifically aimed at preventing municipalities from banning ownership of pit bulls, a dog breed often deemed vicious but which animal rights advocates consider trainable and safe. 

At least three South Dakota cities currently place restrictions or enforce pit bull bans. In the United States, 17 other states have passed bills similar to SB 75. 

Jacque Johnson, a representative for the Best Friends Animal Society said bans on specific dog breeds go against the grain of equal property rights. 

"We are kind of hoping that it sets the tone for the rest of the Midwest states because it really is a property rights issue," she said. "If you're a responsible owner then you should be able to own any breed of dog that you choose." 

READ THE RAPID CITY JOURNAL NEWS ARTICLE

A shift from Breed Specific to Breed Neutral Legislation?

A new national survey commissioned by Best Friends Animal Society revealed that 84% of those polled believe that local, state or federal governments should not infringe on a person's right to own whatever breed of dog they choose. 

The survey, conducted by Luntz Global, is consistent with a growing trend by many state and local governments that have repealed breed discriminatory provisions and enacted behaviour-based, breed-neutral dangerous dog laws. 

Breed Specific Legisltaion (BSL) has been a controversial topic for decades. Behaviour specialist, Barbara Walmer, recently submitted an InfoStream article outlining the 'grey' areas of BSL. 

"Within each dog breed certain characteristics tend to be selected for. However, due to genetic variability some offspring display these characteristics while others do not," she said. "It is also important to consider that depending on what environment and stimuli dogs are exposed to, some dogs may display certain behaviours to a different degree than others." 

Last week, a preemption bill passed by the Utah State House was also passed by the state Senate. The bill would prevent any local government from enacting breed discriminatory legislation and will now be placed before the governor.  

In Canada last year, New Westminster B.C. reviewed their own breed specific provisions. At the time, most of the Lower Mainland was moving toward breed-neutral legislation. The City of Winnipeg introduced Canada's first ban on pit bulls in 1990 and Ontario introduced its province-wide Pit Bull Ban in 2005. In 2004, New Brunswick considered breed specific legislation but opted instead for legislation which deals with all dangerous dogs. In Calgary in 2013, the city received public pressure for BSL following three separate attacks by pit bulls. 

According to statistics posted online in February 2013 by the American Temperament Test Society, 86.8% of American Pit Bull Terriers successfully pass their temperament evaluations - a higher passing rate than many other popular breeds such as Golden Retrievers, Cocker Spaniels, Collies, Boston Terriers and Dachshunds. Out of 32,438 dogs tested since the organization was founded in 1977, the average passing rate for all breeds is 83%. 

Pit bull attacks prompt 'breed ban' discussions in Calgary

Following three attacks involving pit bulls in the span of a few days in Calgary, some residents are putting pressure on City officials to consider banning the notorious breed. 

The attacks left at least two people injured and one dog dead. But Doug Frizzell, manager of operations for animal and bylaw services, insists the City of Calgary will not implement a breed ban, contending that by-law officers in Calgary encourage education to legislation. 

"Dog owners, in general, are extremely responsible in Calgary," Frizzell told the Calgary Herald. "I don't know what to make of the last couple of days, but it's pretty rare to have this many (cases) in a row." 

Critics of bans on specific breeds argue its not about the breed - all dogs bite. 

"It may be pit bulls this week, but it could be German shepherds the next," said Ward 10 Ald. Andre Chabot. "So which breed do you ban? Where does it end?"


The City of Winnipeg introduced Canada's first ban on pit bulls in 1990 and Ontario introduced its province-wide Pit Bull Ban in 2005. Recent studies have shown a shift towards fewer reported dog bites. 

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