Montreal Bans Pit Bulls

Montreal has enacted a city-wide ban on pit bulls that went into effect October 3. The new animal control by-law makes it illegal to adopt or otherwise acquire a pit bull within city limits and requires any pit bulls grandfathered in to be muzzled when in public and kept on a leash no longer than four feet. In order to be grandfathered in, Montreal pit bull owners must purchase a special permit costing approximately $150, pass a criminal background check, and sterilize and vaccinate their dog.

Almost immediately after the ban went into effect, the Montreal SPCA filed a lawsuit against the city, arguing that the new provisions run counter “to article 898.1 of the Civil Code of Quebec, which grants animals the status of sentient beings.” The organization also charged that the definition of “pit bull” in the new rule is too vague.

A common criticism of breed-specific legislation is that it is inherently problematic to try to determine a dog’s breed based on appearance, and that the category of “pit bull” is itself arbitrary and overly broad, encompassing in the Montreal law three distinct breeds, mixes thereof, and any dog with the characteristics of these breeds. Given this ambiguity, critics say breed-specific legislation is almost impossible to enforce in a fair manner. The Montreal SPCA has also threatened to suspend services if the ban is not reversed, citing an unwillingness to kill healthy adoptable dogs based only on their appearance.

In response to the Montreal SPCA’s lawsuit, the Quebec Superior Court granted a stay until a hearing could be held on the merits of the new regulations. However, the City of Montreal challenged the stay and the Quebec Court of Appeals granted it permission to appeal the lower court ruling that temporarily suspended the ban. Both sides will present arguments on November 25. For now, Montreal residents can still adopt or acquire pit bulls and current owners do not have to muzzle their dog in public or buy the permit.

Neighboring province Ontario has had a ban on pit bulls since 2005, which was upheld by the Supreme Court of Canada in 2009; however within that province, Ottawa (Canada’s capital city) has been vocal about not enforcing the ban. The City of Winnipeg enacted a breed ban in 1990, and the City of Edmonton repealed its breed ban in 2012, preferring to focus on dogs’ behavior rather than their breed.

Critics of breed-specific legislation argue that these laws are not only discriminatory, penalizing all pit bulls regardless of their behavior, but also ineffective in preventing dog bite fatalities and injuries; further, such laws raise concerns about due process rights.

In the U.S., among those who have issued position statements against breed-discriminatory laws are the American Bar Association, the American Veterinary Medical Association and the Obama administration. The Montreal SPCA has posted a petition and alternative solutions to address the public safety issue of aggressive dogs on its website: saferkindercommunities.com.

Further Reading:

• “City of Montreal can appeal judgment on pit bulls, Quebec’s top court rules.” CBC News. October 20, 2016.
• The Canadian Press. “Quebec Court of Appeal rules Montreal can appeal judgment on pit bulls.” CTV News. October 20, 2016.
• Hauser, Christine. “Montreal’s Pit Bull Ban Is Suspended Until Wednesday.” The New York Times. October 3, 2016.
• Hinkson, Kamila. “What Canadian cities have learned from pit bull bans.” CBC News. October 2, 2016.
• Guarino, Ben. “A dog fatally mauled a Canadian woman 3 months ago. Now, Montreal has banned pit bulls.” The Washington Post. September 29, 2016.
• Kapuscinska, Anita. “Montreal SPCA Launches Lawsuit Against the City of Montreal in Relation to New Breed-Specific By-Law.” Montreal SPCA. September 28, 2016.