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.

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.

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.

ANIMALS: Two dogs to be euthanzied this week

Posted By CATHY DOBSON, THE OBSERVER

If Maddi and Carter lived in St. Clair Township they probably wouldn't be on death row.

But they live in Sarnia where animal control officers say they
resemble Staff ordshire bull terriers or pitbulls and are illegal.

Both 11-month-old pups are scheduled to be euthanized this week unless their owners can prove they aren't a banned breed.

Sarnia is only following provincial legislation that binds the municipality, says Mayor Mike Bradley.

“We didn't ask for it but we have to deal with it,” he said.
“The city doesn't agree with banning by breed and I've been opposed to
it since day one. But we are doing what the provincial law requires.”

The 2005 Ontario Dog Owners Liability Act says any
Staffordshire bull terriers, American Staff ordshire terriers, American
pit bull terriers and any dog that looks “substantially similar” is
illegal.

In Sarnia, animal control offi- cers don't require a complaint
to pick up a dog they believe is banned. If the officer deems it a
pitbull, the onus is on the owner to prove otherwise.

Here is the original article from this week.

Suspected pitbulls on death row

CATHY DOBSON The Observer September 2, 2009

Korinn Seabrook and Sonya Pimentel are desperate to stop Sarnia
from euthanizing their puppies, but neither is optimistic they can be
saved.

The women, who are friends, each adopted an 11-month-old dog they believe are boxer mixes from a mutual friend.

“Both the mom and the dad are boxer mix. My friend has the papers to prove it,” said Seabrook.

But Sarnia animal control officers say the puppies look like
Staffordshire bull terriers, a breed that’s been illegal to own in
Ontario since legislation was passed in 2005 to ban so-called pitbulls.

Seabrook’s dog Maddi went missing Sunday night near her home on
Michigan Avenue. She believes the 30-pound pup escaped through a hole
in the screen door.

“I stayed up all night looking for her,” she said. In the
morning, she discovered Maddi at the Sarnia and District Humane
Society.

In the media ruckus about the mastermind behind this bull**** legislation, I didn't post this case.

How was this determination of breed made? It is impossible to determine proof of breed makeup in mixed breed dogs. Only the breeds of pure bred, registered dogs are identifiable without doubt. 

Under the Dog Owners Liability
Act , the city of Sarnia does not have the right
to seize ownership of ANY
dog. It only has the right to lay charges under the
Act .

In the recent case
of a Mr Philip Huggins, the city of Toronto found itself in a
rather
unenviable position of being in violation of DOLA regulations.

In
this case as with Mr Huggins, the dogs pose no immediate threat to
the
public, the owners did not relinquish the dogs nor did the owners at any
time
refuse to meet certain criteria for ensuring that these dog's would be
properly
contained.

I ask the Honourable Mayor and Councillors
of the City of Sarnia to step in and
stay the order for the death of these
puppies.

mayor @ sarnia.ca
d.boushy @ cogeco.ca
andybruziewicz @
hotmail,com
terry @ terryburell.ca
jimfoubister @
sarnia.ca
annemariegillis @ sarnia.ca
mike @
mikekelch.com
bevmacdougall @ ebtech.net
jonmceachran @
hotmail.com

Mayor Mike Bradley

City/County Councillor Dave
Boushy

City Councillor Andy Bruziewicz

City Councillor Terry
Burrell

City/County Councillor Jim Foubister

City/County
Councillor Anne Marie Gillis

City Councillor Mike
Kelch

City/County Councillor Bev MacDougall

City Councillor Jon
McEachran

You may remember that Ms Di Novo won a byelection this spring after the Liberals, led by Sandra Pupatello, tried to smear her personally for her activities during the 1960s.  The minister not only survived this seedy attempt to discredit her but won the byelection by a large margin.

Here's the letter, which relates to the case this summer involving an incompetent dog owner who left his pet in a hot car during very hot, humid weather.

*

I'm sure this will sound familiar because it is the same answer we've received from a few Liberal candidates.

*

Dear Selma, Lori, Steve and Sandra,

Thank you for you email.

We stand by the Public Safety Related to Dogs Statute Law Amendment Act (formerly Bill 132) we passed, which bans pit bulls and toughens penalties for the owners of any dog that poses a danger to the public.

We passed this legislation to respond to the concerns of Ontarians about their personal safety, as we are committed to building safe, strong communities and to protecting Ontarians from the menace of pit bulls. To do so, the legislation established strict regulations for existing pit bulls, making owners more responsible and helping make Ontario communities safer. In addition, this law will also protect many Ontario dogs that might otherwise themselves become the victims of pit bull attacks.

The legislation also protects them from irresponsible owners of any dangerous dogs. Irresponsible owners whose dogs are involved in an attack can now be fined up to a maximum of $10,000, and can receive jail sentences up to six months for owners ($60,000 fines for corporations were also passed).

We have set high standards for responsible dog ownership in the province of Ontario, and we are proud of our record.

If you have any other questions or concerns, please feel free to call the campaign office at 416.255.9796.

Sincerely,

Laurel Broten's Campaign 2007

Steve, best of luck on October 10 and thank you very much for your thoughtful and detailed response in the heat of an election campaign.

*

Below please find my responses to your survey.  Thank you for caring about dogs and other animals.

Steve

Steve Holmes NDP Campaign

London North Centre

1.  If the amended Dog Owners' Liability Act (2005) came up today for a free rather than a whipped vote as happened in 2005, WOULD YOU VOTE IN FAVOUR OF BANNING BREEDS as an effective way to protect People from dog bites?  PLEASE EXPLAIN.

ANSWER:  No, I would not vote in favour of banning breeds.  As you probably

know, my party, the NDP, actively opposed this legislation when it was proposed by the McGuinty Liberals.

2. PLEASE TELL OUR READERS WHY YOU THINK THE \'PIT BULL\' BAN enacted by the McGuinty government HAS OR HAS NOT BEEN SUCCESSFUL in protecting the public from dog bites.

ANSWER:  Dogs of all breeds can bite if they are mistreated or not properly

cared for so it is unfair to target one or two breeds for banning.  The way to protect the public is by dealing with cruel and negligent dog owners, not by banning specific breeds.

3. Would you be willing, if elected,  to WORK TO RESCIND ONTARIO\'S AMENDED DOG OWNERS\' LIABILITY ACT (2005) and REPLACE IT  WITH AN EXISTING, EASILY IMPLEMENTED  CANADIAN SYSTEM that has been effective in the control of negligent pet owners, that is supported by all responsible pet owners and that once established is fully funded by dog and cat owners rather than through general revenue taxation?  PLEASE BRIEFLY EXPLAIN YOUR RESPONSE

ANSWER:  This is certainly a proposal that I would explore with pet owners and their organizations as a way to find a better solution for controlling negligent pet

owners.

4. HOW IMPORTANT to you is the issue of AMENDING ONTARIO\'S ANIMAL CRUELTY LEGISLATION, the Ontario SPCA Act, using a scale of 1 to 10 (where 1 is 'not at all important' and 10 is 'extremely important')?

ANSWER:  The NDP has been working hard to propose and implement amendments to eliminate cruelty to animals.  Personally I would rank it as a very important issue and at least an 8 or a 9 on your scale.

5.  IS THERE ANYTHING YOU\'D LIKE TO ADD?

The NDP is also concerned about the treatment of zoo animals.  In the legislature on May 9th, 2005, the NDP Critic for Natural Resources asked Minister David Ramsay to promulgate regulations to the Fish and Wildlife Conservation Act that would have provided protection to non-native, exotic animal species captive in roadside zoos. Over two years later the regulations have still not been passed.

There must be mandatory licensing and standards for the proper care and

housing of all animals kept in zoos, both for native wildlife and exotics, as well as proper inspection mechanisms and corresponding funding.

Working with Ontarians, the NDP would determine to either amend the existing

regulations under the Fish and Wildlife Conservation Act, develop new

zoo-specific legislation, or amend the Society for the Prevention of Cruelty to

Animals Act in order to ensure animals in captivity, including non-native and

exotic species, are properly protected.

Further, New Democrats have committed to increasing the enforcement budget of

the Ministry of Natural Resources by $50 million annually. In the event

amendments to the Fish and Wildlife Conservation Act where passed, MNR would have the funding necessary to ensure that animals kept in zoos are properly cared for and protected.

New Democrats would make cruelty to animals a provincial offence.

OSPCA Act Reform:

Working with Ontarians, New Democrats would reform the OSPCA to ensure that animals, including those presently left unprotected in roadside zoos, are

properly protected under the law.

*

Thank you for your e-mail regarding the McGuinty government's Bill 132.  NDP
Justice Critic, Peter Kormos, MPP fought for public hearings on this  legislation to allow input from the public and animal welfare organizations  with expertise in this area.
 
New Democrats listened and supported the experts who told the Committee that breed specific legislation would not make Ontario safer.  Unfortunately, the McGuinty government refused to adopt any of the amendments we put forward. 
 
I am enclosing a press release (see below) on this issue and a link to third reading  Debate on Bill 132:

http://hansardindex.ontla.on.ca/hansardEISSUE/38-1/L112.htm#TopOfPage

 New Democrats voted against this flawed piece of legislation, and would work to re-draft dangerous dog legislation that focuses on dangerous dogs and is not breed-specific.   I hope this is helpful.
 
 Sincerely,

___________
 
 
Howard Hampton and the Ontario NDP – News Release
 
NDP AMENDMENTS GET TOUGH ON DOG ATTACKS                                            
 
Feb 10, 2005
 
QUEEN'S PARK – NDP MPP Peter Kormos is introducing a series of amendments to  toughen up Bill 132 and protect ordinary Ontarians from vicious dog attacks.
 
“New Democrats are deeply concerned about vicious dog attacks. We understand  the pain and frustration experienced by dog attack victims and their  families,” Kormos said.
 
“That's why we're introducing a series of amendments to Bill 132 that will
provide tough, effective, enforceable protection against vicious dog attacks
by all breeds.”
 
The NDP amendments would:
 
 * Mandate dog owners to exercise reasonable precautions to prevent their dog  from biting or attacking a person or another domestic animal;
 
 * Open the door for stiff fines (up to $10,000 for individuals, $60,000 for
 corporations) and prison sentences (up to six months) for irresponsible dog
 owners whose pets bite or attack a person or another domestic animal;
 
 * Order irresponsible dog owners to provide compensation and restitution to
 dog attack victims when appropriate.
 
The amendments would also strike Bill 132's breed-specific provisions.
 
 ”Our dog protection plan will mean tough, enforceable legislation that
 protects ordinary Ontarians from attacks by all breeds,” Kormos said.
 
Many experts and dog attack victims say the NDP's suggested changes are the kinds of changes that will provide the best protection. They include Atlanta's Centers for Disease Control and Prevention, the Canada Safety Council, the Ontario Society for the Prevention of Cruelty to Animals, the Ontario Veterinary Medical Association, the American Veterinary Medical Association, the Canadian Kennel Club and Donna Trempe, the Stouffville, Ont., mother whose  eight-year-old daughter Courtney was killed in a 1998 vicious dog attack.