Original story here:

http://www.bramptonguardian.com/news/cityhall/article/623570–city-hires-pitbull-lawyer

Text of story below:

City hires pitbull lawyer

February 24, 2010

The City of Brampton has hired a Toronto lawyer to help defend the seizure of two dogs last month.

Barnet Kussner of the firm Weirfoulds is on the case for the city, and that has one of the canines’ owners feeling like the underdog.

“Personally, I feel like it’s David versus Goliath,” said Rui Branco, whose family owns Brittany, one of two dogs held by the city since Jan. 13. Weirfoulds specializes in advisory work for municipal and other governments in all areas including contracts, land use planning and development.

Branco said with no other option to try to get the dogs home, he will take the city to court, but no one will win because he has to pay his own legal bills, and, as a resident of Brampton, his tax money will also be used to pay for the city’s lawyer.

“The taxpayers lose. I lose, being a taxpayer and also paying for my attorney. Most of all, the poor dogs lose because they are in captivity throughout the proceedings, which I understand can take months.”

Branco and Maria Gaspar, whose family owns Rambo, insist the dogs are boxer/American bulldog crosses, but the city has labelled them pitbulls and taken them from their separate homes. The families have not been allowed to visit them at the animal shelter.

Branco is concerned about the dogs’ health and well-being because they are being kept away from their families and kept in cages.

“I don’t care how much walking or attention the shelter or city says those dogs are getting, they have to be locked up because of liability issues and manpower issues at least 22 hours a day,” Branco said.

The families say a city Animal Control Officer seized the dogs without a warrant, adding they were intimidated into turning over the dogs when police arrived on Branco’s doorstep.

Attorney General spokesperson Brendan Crawley pointed to the Dog Owner’s Liability Act (DOLA) on the issue of seizure. The DOLA indicates a warrant is needed to seize a dog from a home. Seizure without a warrant is possible only if “… it would be impracticable to obtain a warrant because of exigent circumstances…exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house, is necessary to prevent imminent bodily harm or death to any person or domestic animal.”

Dogs can also be seized in a public place under DOLA:

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90d16_e.htm.

Copyright 2010, Brampton Guardian.

There’s also some good advice on writing a letter to the editor.

Please read the story and then write letters to the mayor and the city councillors.  Here are their e-mail addresses:

Mayor Ms. Susan Fennell mayor@brampton.ca

Mr. Grant Gibson grant.gibson@brampton.ca

Ms. Elaine Moore elaine.moore@brampton.ca

Mr. John Hutton john.hutton@brampton.ca

Mr. Paul Palleschi paul.palleschi@brampton.ca

Mr. Bob Callahan bob.callahan@brampton.ca

Mr. John Sanderson john.sanderson@brampton.ca

Ms. Sandra Hames sandra.hames@brampton.ca

Ms. Gael Miles gael.miles@brampton.ca

Mr. Vicky Dhillon vicky.dhillon@brampton.ca

Mr. John Sprovieri john.sprovieri@brampton.ca

If it is possible for you to send a fax or a physical letter, you may be able to avoid some of the e-mail filtering that is often implemented in cases like this.

Mayor Fax:  905-874-2620
All Councillors Fax: 905-874-2644

City Hall address is:

Brampton City Hall
City Clerk’s Office
2 Wellington Street West
Brampton, Ontario  L6Y 4R2

The original story is from the Brampton Guardian at:

By PAM DOUGLAS

Rambo wasn’t hurting anyone.

No one had complained about the young dog, he hadn’t escaped 75-year-old Maria Gaspar’s Vodden Street yard, and he had never bitten anyone.

But Rambo and his sister, Brittany, are on death row at the City of Brampton’s Animal Shelter right now while their owners are embroiled in a battle to get their beloved pets back before they are euthanized. The deadline- Feb. 5.

Both dogs were seized from separate homes on Jan. 13 by city animal control officials who said they believed the dogs to be pitbulls.

Their owners say that’s not true, and both say they have proof from veterinarians tracing their backgrounds as boxers/American bulldogs.

The city’s veterinarian has a conflicting opinion, according to a letter sent to the Branco family, who own Brittany.

Gaspar is heartbroken. The senior citizen can’t understand why Rambo was seized. She said the confusing part is, the city has licensed Rambo as a boxer/American bulldog cross for the past two years. His vaccination certificate from North Town Veterinary Hospital classifies his breed as a boxer cross. And, no one who has seen the dog has ever thought he was a pitbull, according to the distraught Gaspar.

The city told Gaspar that no one had complained about Rambo. He had not escaped the back yard. If anything, he made passersby laugh the way he would jump up onto the roof of his dog house to look over the fence, she said.

But it was that quirky little habit that led to him being removed from his home and held by the city under threat of euthanasia.

A passing animal control officer spotted Rambo on his perch in December, looking over the six-foot fence, and told Maria Gaspar she had to move the doghouse because Rambo could escape. Gaspar agreed, but then the issue of Rambo’s breed came up. She was told to get a letter from her veterinarian attesting to the dog’s breed, and to have him neutered. Gaspar said she got the required letter, and an estimate for neutering, and gave both to the city.

In response, the city sent a letter telling Gaspar there is no completed certificate from a veterinarian, and that “Rambo has been confirmed to be a pitbull by his parentage as well as the characteristics as defined in the City of Brampton Dog By-law…”

The bylaw defines a pitbull as a pitbull terrier, Staffordshire bull terrier, American Staffordshire bull terrier, American pitbull terrier, or “a dog that has an appearance and physical characteristics that are substantially similar to those dogs.”

“It’s not, it’s not pitbull,” said Gaspar emphatically, struggling for the English words to describe her upset. She can’t talk about Rambo without crying.

“This problem is like a son problem,” she said, emphasizing how important Rambo is to her. “Now, I no have dog, I no have money, I no have nothing… It’s not fair.”

They can’t fight the city because her family doesn’t have any money for a lawyer, she said, but Rui Branco is taking on the fight for both dogs.

His family owns Brittany, and they are in a similar predicament. Like Rambo, there were no complaints or allegations of biting against Brittany. The licence for Brittany’s father, Tyson, was due for renewal, and an animal control officer went to the Branco’s house to collect the $20. She was told Tyson was given away to a friend, but that’s when the issue of Brittany’s lineage arouse, according to Branco.

He has hired a lawyer who is preparing to file a motion in court to get the dogs back.

“This is an injustice,” Branco said, pointing out how ironic it is that he will not only have to pay a lawyer to fight for his family’s dog, but, as a resident of Brampton, he will also contribute to the cost of defending the city.

Tyson, also Rambo’s father, was also licensed by the city at one time, although Branco said the family did not realize the city had classified him as a pitbull, especially since he was born in December 2005, one full month after the grace period for owning a pitbull. If he was a pitbull, Branco said, the city should not have issued a licence to him at all. But, he says, the real mistake was labeling him a pitbull in the first place.

He has the microchip paperwork for Tyson, and a veterinarian’s letter, stating, “He is in my opinion a healthy and well-socialized pet and is a cross between an American Bulldog and a Boxer.”

A second veterinarian, Dr. David Kirkham of the Cheltenham Veterinary Centre, has added a letter stating Brittany’s mother, Jersey, is “unquestionably a purebred boxer.”

“I don’t understand why they are fighting me so hard on this,” he said. “Brittany doesn’t look anything like a pitbull.”

The Branco’s said the city did not have a warrant to seize Brittany when they arrived on Jan. 13, and Rui’s brother, John, confronted the city worker, who then called for backup. Several police officers and other city animal control officials arrived, and, ultimately, the dog was handed over. However, the Branco’s argue they were intimidated into willingly turning over their pet and feel proper procedure (a warrant) was not followed.

For their part, the city is considering four charges against the Branco family- owning a pitbull born after Nov. 29, 2005 in relation to Brittany and in relation to Tyson, failing to licence a pitbull, transferring a pitbull without consent of the poundkeeper and permitting a pitbull to breed.

The Gaspar family faces one charge of owning a pitbull.

© Copyright 1996 – 2007 Metroland Media Group Ltd.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20091119/NEWS16/911199999

Gandhi stated that the greatness of a nation is measured by the compassion given to its animals.If this is true, the Toledo Ohio became moved a little closer to greatness by accepting the resignation of Mr Skeldon.

Decades of death may soon end for dogs that are born without benefit of a pedigree into a city that ruled its dogs with a net and a hypodermic needle.

But a word of caution.

He may have been the king of the kill, but he leaves behind minions that could readily continue his swath of death.

Do not stop the public pressure, continue to speak up, and never stop speaking out against BSL .The truth must prevail.BSL only kills dogs, it does not make our communities any safer from IRRESPONSIBLE DOG OWNERS.

Until all references to breeds or to a ‘look’ of a dog are struck down and replaced with nonbreed specific dangerous dog bylaws NO DOG IS SAFE.

Toledeo dog owners….we salute you.

With each passing day this mass dog murder in Ontario gets more and more insane! Thanks Dalton McGuinty you useless piece of dog ****.

Mr. Simpson took the matter of what is now saving his dog’s life to a humane society committee hearing where they would decide if the dog fit their criteria to be able to live or be designated as having some weird characteristics in how he looked that would declare a date with Dr. Death!

I have to include a lengthy excerpt because it is just too bizarre not to share.
Here is a link to the rest of the story where you may also see a picture of Jack Simpson and his dog Charlie.

“My biggest thing is the width of the head, the wideness of the forehead,” Carroll said at the committee hearing.

The
hind quarters were visibly lower and smaller than the front shoulders.
The dog also had a big chest. But Charlie’s head was most concerning
for humane society officer tasked with enforcing the Pit Bull ban.

Charlie’s muzzle has a box shape too, Carroll said.

Carroll
told the committee the lab traits in Charlie are stronger than the Pit
Bull traits. Carroll also said Charlie appeared to be friendly.

But
mainly because of the size of the dog’s head Carroll designated Charlie
a Pit Bull-like animal that was banned and would have to be destroyed.

“Because
I left a message with the humane society that he is a lab-pit cross,
the fact that I said ‘pit’ was enough to raise red flags,” Simpson said
to the committee.

“Had I known then what I know now, I would
never have mentioned the word ‘pit,’ I would have said a ‘lab cross’
and that would have been the end of it,” Simpson said.

He told
the committee the dog never bothered anybody. Simpson said he brings
the dog to the old age home where his mother lives and his sister’s
daycare. He submitted letters from both women as evidence.

“My mother’s in an old age home. I take Charlie there, everybody loves Charlie,” Simpson said.

“I
take him to my sister’s, she has a daycare centre, all the kids play
with Charlie, and they all love him. There isn’t a soul in the city who
doesn’t like Charlie and yet they were willing to put him to sleep
because of the size of his head, which doesn’t seem fair,” Simpson said.

The
committee members — Coun. Geoff Lorentz, Coun. John Smola and Anne
Lawrence of the K-W Kennel Club — listened to the evidence.

Simpson said a lot of people are not aware dogs that are half Pit Bull can be designated and destroyed.

“It’s not an exact science I can tell you that,” Lorentz said.

Lawrence, the committee chair, wanted to know why Simpson described Charlie as a “lab-pit.”

“It’s
just an easy way to explain what kind of dog he is rather than rattling
off a whole bunch of different breeds I see in him,” Simpson said.

“OK so this wasn’t because you were told this by a vet?” Lawrence said.

“No, this is something I came up with as a short way of telling people what I think he is,” Lawrence said.

The committee members deliberated behind closed doors for a few minutes.

“Based
on the evidence the committee is rescinding the designation which means
you are free to license your dog, no restrictions. Thanks you every
one,” Lawrence said.

No further explanations were given.

Simpson was visibly relieved as he walked out of the council chambers where the hearing was held.

“I am pleased, very pleased,” Simpson said.

The whole process has left Simpson shaking his head.

“Because they didn’t like the size of his head they wanted to kill him,” Simpson said.

“They gave me two options. Go get a DNA test done on him and find out
what his lineage is, which is several thousand dollars, or leave the
province,” Simpson.

California Governor Arnold Schwarzenegger has vetoed Assembly Bill
241 which would have prohibited any person or entity from having 50 or
more intact dogs or cats. He returned the bill with the following veto
message:

To the Members of the California State Assembly:

I
am returning Assembly Bill 241 without my signature. This measure would
make it a crime for any person or entity to own or control more than 50
unsterilized adult dogs or cats for breeding or raising for sale as
pets. I support measures designed to prevent animal cruelty and that
punish persons engaged in the abuse of animals. However, this measure
simply goes too far in an attempt to address the serious problem of
puppy mills. An arbitrary cap on the number of animals any entity can
possess throughout the state will not end unlawful, inhumane breeding
practices. Instead this measure has the potential to criminalize the
lawful activities of reputable breeders, pet stores, kennels, and
charitable organizations engaged in raising service and assistance
dogs.

For these reasons, I am unable to sign this bill.

As I have said over and over, the term “pitbull” is a slang term for a type or “look” of dog. It is not a purebred and it is certainly not a breed. There are well over 25 purebred breeds that resemble what is sometimes referred to as a “pitbull”. Basically it depends on who is doing the judging.

In the case of Dexter, in my previous post, Denver Animal Control (AC) has a “team” of so called “experts”. In this case two were AC officers and the third was a vet tech.

The same shenanigans go on up here in Ontario too. The city of Mississauga was caught red handed using the janitor at the pound as one of the “breed experts” and having slips of paper (with breed written on it) dropped in buckets in front of cages as a vote by pound staff to identify mutts in custody.

We happen to have a copy of the form Denver AC uses to decide whether a dog is a “pitbull”. I have attached a copy to this post.

The process is laughable but the outcome is far from. The outcome has resulted in the deaths of thousands of good family pets that happen to not fit the description of what Denver considers a family pet dog to look like. (see my second last post) Yes that’s right, in jurisdictions that have breed discriminatory legislation; your pet’s right to live or stay in your home depends on what it looks like, not how it behaves. It is not dependent on how responsible the owner is; it is strictly dependent on how your dog looks. The labeling or categorization may vary drastically from what you as an owner, AC employees or someone off the street thinks it should look like. It is dependent on amateurs with no qualification to judge the breed makeup of a cross bred dog. One step further, there is no person qualified to determine the makeup or lineage of a cross bred dog because it cannot be definitively determined. Professional dog show judges (with reputable kennel clubs) are at least experts in judging purebred dogs and know what to look for.

When you view the document in the attachment, what you are seeing is one form, used for the identification process, copied three times by three different “experts” at Denver AC. There are 27 steps to fill out , not including the dog’s name, color or gender.

The three forms in a row you are viewing have been performed on the same dog! As you can see the only criteria all three “experts” agree on are the coat color, nose color and sex of the dog. They could not even agree on the weight of the dog, in fact one called the dog obese at 60 lbs while another recorded the dog at 65 lbs with no indication the dog was overweight.

So here is how things basically go down.

Your dog is picked up or seized as a “pitbull” by any law enforcement. The dog is taken to the Animal Control facility where three of their “expert” “pitbull” evaluators fill out the form (the one attached). On the back of the form (not shown in the attachment), they write “pitbull” or whatever breed or mix of breed they think it is. If at least two of the “experts” say it is a “pitbull” then the dog has just received its date with Dr. Death. If at least two of the evaluators say it’s not a “pitbull” then you can pick up your dog and the dog is legal to live in Denver.

The law essentially reads that if Denver says your dog is a “pitbull” then it is a “pitbull”. Sound familiar?

Why on earth do you think (in Ontario) reverse onus was written into the law? (The onus in on the owner to prove the dog is not a “pitbull” as opposed to the crown proving the dog is a “pitbull”)

The stand alone answer to that is IT IS NOT POSSIBLE TO PROVE YOUR DOG IS NOT A “PITBULL” BECAUSE THEY DO NOT EXIST! Robert Charney (counsel for the Attorney General’s office in our case said himself in court “there is no such thing as a “pitbull”!) You cannot prove definitely that a cross bred dog has or does not have particular breeds in its genetic back ground or lineage. There is no proof and too many variables.

That being said, Kevin O’Connell just won his case in Denver (see previous post) proving Dexter was not a “pitbull”. In my opinion, O’Connell’s “experts” trumped AC’s “experts”. It sure sets a nice precedence for what a dog that isn’t a “pitbull” looks like!

Getting back to the attachment

***The three “experts” who filled out the forms attached, appeared at a hearing. When each were asked which of the criteria on the form were of the “pitbull” they did not know. One of the “experts” actually shrugged his shoulders. These “experts didn’t know whether a “pitbull” was supposed to have a curved or straight tail or course or soft coat. The form is “just something they fill out” but the “experts” cannot tell you what it all means.

The dog that was being identified in all three forms attached was identified as a “pitbull”.

**The dog being identified in the attached form is not Dexter. This is an unrelated previous case in Denver.

*This clearly demonstrates how the identification process is gravely flawed, sending thousands of innocent dogs to their death!

“What?” O'Connell replied. “Why?”

“They say he's a pit bull.”

It is high time for the WITCH HUNTERS  to give it up. Seek therapy for your irrational fears and get on with your life. If you truly want to do something constructive about protecting public safety from irresponsible dog owners then take a look at the Responsible Dog Ownership bylaw in Calgary, Alberta. No targeting breeds, discrimination or throwing responsible dog owners under the bus in Calgary. Simple, enforceable, common sense bylaws that have been in place for nearly 2 decades and is a proven winner!

Denver's going down baby!

A dog owner who was
forced to move out of Denver because of the pit bull ordinance, passed along a portion of her difficult account of life as a dog owner in Denver.

Now, just before you lean back and wipe your brow to think this is a Denver issue or this isn't happening here.. think again.

This happens every day right here in Ontario. We have the numbers. Over 5000 dogs have been killed right here in Ontario since August 25, 2005!