COURTUS INTERRUPTUS

Bowser at 8 weeks

We showed up on Monday for court to support Danny and Bowser.  We had a fantastic lawyer and were well armed and ready to fight the "pit bull" designation that had been applied to Bowser by Mississauga Animal Control back in December, 2008.

Unfortunately for those of us who were looking forward to a good rumble, but fortunately for Danny, the Crown wanted to cut a deal.

They dropped the charge under Ontario's Dog Owners' Liability Act (DOLA) of owning a prohibited "pit bull" (in this case a dog that was too young to be in Ontario) and asked Danny to plead to the lesser charge of owning a dog that "...has behaved in a manner that poses a menace to the safety of persons or domestic animals" (Section 4. 1(b) of DOLA).  With this came a fine, which on hindsight we probably could have bartered down, but that's not a big deal since I don't have to pay it.

This was a win for Danny and Bowser, for dog owners in Ontario and for organizations such as the DLCC that have been quietly helping dog owners get through the nightmarish process of fighting to save their dogs all over the province.

The court has decided that Bowser is NOT a "pit bull" within the meaning of the law but is substantially similar to a Boxer-Rottweiler mixed breed dog.  This precedent can help other dog owners whose pets may resemble Bowser.

In dropping the whole "pit bull" part of the charge, the Crown basically said it didn't have enough to defend the designation.  They had no experts on deck. An Animal Control officer was present but he is not considered an expert.  This was nicely summarized in the Miami decision posted by Brent last Friday and according to our lawyer, there are Canadian precedents that concur with that decision.

We had expert testimony in the form of an excellent letter from a veterinarian with decades of experience, as well as a letter from a CKC (Canadian Kennel Club) licensed all-breed judge also with decades of experience both in Canada and abroad.  In a nutshell, the vet said that in his opinion, Bowser was substantially similar to a Boxer-Rottweiler mix.  The judge pointed out the many areas where Bowser did not fit the standards of any of the three breeds banned in Ontario.

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A few points I'd like to mention:

1. There has been a hue and cry, especially on Facebook, with people wanting the name of the vet clinic that originally ratted Danny out to Animal Control for owning a prohibited "pit bull".  They didn't get it from me two years ago and they won't get it from me now.

I suspect that because people are angry and frustrated over the "pit bull" legislation, they are looking for someone to blame, someone to punish.  I say look no further than Dalton McGuinty - he is the one who should have leashed and muzzled his then-Attorney General.  He is the one who should have listened to the overwhelming opposition to his scheme in the Legislature, in public opinion polls and correspondence and especially at Committee where many expert organizations and individuals spent time and money appearing to explain why the "breed" (lol) ban was the wrong route to dog bite prevention.  Dalton McGuinty and his minions MUST be voted out in October.  If you are angry, show up and vote.

I personally won't be held responsible for vandalism or other mischief that may befall that clinic.  Since they obviously didn't want to testify in favour of the designation - remember, the Crown had no expert witnesses  - for all we know it was just a staff member who called it in.  That person may not even be working there anymore.

Anyway, ultimately they did dog owners in Mississauga a favour because Bowser is NOT a "pit bull" in that city.

2.  We were chatting with the Animal Control officer after the hearing.  I asked him what people could do to protect themselves, since most people have no idea that they own a "pit bull". All you have to do is look at how different all the dogs are that have been identified as "pit bulls" by authorities.  You can see just a few of them in my slideshow, left sidebar right under the search box near the top.

He said they should get a note from their vet stating that their dog is, for example, a Labrador retriever-Boxer mix, and carry it with them.  That's good enough for Animal Control in Mississauga if they stop someone.

Yes, it does sound rather Naziesque - "Veer ah yo papuz?" but so what?  This is Nazi-type legislation, discrimination based not on behaviour but appearance, so like it or not, if you see your vet and get such a note you will be protected.  This applies in Mississauga but in my view, it couldn't hurt no matter where you live in Ontario if you own a short-haired, medium-sized mutt.  Remember, under the law vets can identify dogs as "pit bulls" which means they can also identify dogs as not "pit bulls".

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Anyway, congratulations to Danny for standing up and getting through the past two-plus years with your dignity intact.  I'm glad we could help in a small way and I hope you and Bowser have a great time together from here on in.  It was a pleasure to work with you on this case.

I'm a Rabbit too.  So this is our year!

If you want to congratulate Danny, visit this page on Facebook:

http://www.facebook.com/group.php?gid=61941358224

Almost forgot!  Brindlestick has a post about this as well, you can read it here.

Bowser in June, 2010

Comments

[unknown]

So happy to see Caveat back in business!

[unknown]

Also thrilled to see Caveat posting again. Have been going through serious "withdrawal".

[unknown]

Good news all around. I hope all is well and good with you.
Really, all good things.
- Christopher

[unknown]

Thanks, guys. I feel pretty good, ready to get back into the fray. It sure took me long enough but Ive had sort of a block about reading articles or posting about the issue for over a year now.
Im glad Dannys case is over and that we won and got to keep Bowser. We were long overdue for a win in Mississauga!

[unknown]

Hooray for Danny and Bowser! The dog is not the issue, the vet is not the issue, the issue is scum-sucking politicians who decided to make points on the rights of dog owners and the backs of dead dogs.
McGuinty and the Lie-berals must GO.
To where, I have some suggestions....but NOT back in office.
Glad to see you back, C!