pitbull

Animal Law Update

Montreal Repeals Controversial Pit Bull Ban

Montreal’s new mayor has lifted the city’s sweeping ban on pit bulls, 15 months after the controversial restrictions went into effect. The animal control bylaw made it illegal to adopt or otherwise acquire a pit bull within city limits, and required 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 were required to purchase a special permit and pass a criminal background check.

Mayor Valerie Plante and her political party, Project Montreal, which won a majority of city council seats in the November 2017 municipal election, made it a campaign promise to repeal the ban. According to the Canadian Broadcasting Corporation (CBC), it emerged as a “key election issue.” Prior to the election, representatives of the party promised it would revisit the city’s animal control plan and shift the focus to “responsible dog ownership” rather than banning certain breeds. The ban was lifted on December 20, 2017.

The bylaw was driven by an outpouring of public concern following the tragic death of Christine Vadnais, who was fatally attacked in her backyard by a neighbor’s dog in June 2016. Although the elements of the bylaw targeting pit bulls have been repealed, Montreal still has restrictions on dogs deemed dangerous to public safety, which pertain equally to all dogs regardless of breed.

As reported by CBC, newly elected city councilor Craig Sauve said that targeting just one breed “created a false sense of security because science… shows there is no type of dog that is intrinsically more dangerous than others. All dogs are dangerous, and the bigger the dog, the more the bite could hurt.”

Almost immediately after the ban went into effect in 2016, the Montreal SPCA filed a lawsuit against the city, arguing that the new provisions ran 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 rule – which included three distinct breeds, mixes thereof and any dog with the characteristics of these breeds – was too vague.

A common criticism of breed-specific legislation is that trying to determine a dog’s breed based on appearance is inherently problematic and that the category of “pit bull” is itself arbitrary and overly broad. Empirical data confirms that not only average citizens, but even animal care professionals, cannot identify breeds by appearance. Given this ambiguity, breed-specific legislation is almost impossible to enforce in a fair manner.

Critics of breed-specific legislation argue further 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. Such laws also raise concerns about due process rights. In the U.S., the American Bar Association, the American Veterinary Medical Association and the Obama administration have issued position statements against breed-discriminatory laws.

As in the U.S., jurisdictions in Canada have not taken a unified approach to the issue of breed-specific legislation. Neighboring province Ontario has had a ban on pit bulls since 2005, which was upheld by the Ontario Court of Appeal in 2009; that decision was cited by the Quebec Court of Appeal in a December 2016 ruling that supported the now-defunct Montreal ban. However, within Ontario, 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.

Calgary, however, which does not have breed-specific legislation, has been called the “gold standard” in its approach to the problem of dangerous dogs. Montreal’s new administration has suggested it will emulate the “Calgary model,” which focuses on owner education as the key element to preventing dog attacks and ensuring public safety. As reported by the CBC:

“Calgary has some of the strictest animal regulations in North America…there are hefty fines for owners who don’t control their dogs and strict rules about licensing and harnessing. Money raised through licensing is dedicated to education campaigns for pet owners… [According to veterinarian Judith Weissmann] ‘The most important part is the education campaign. In Calgary, compliance is very high. Owners of pets in Calgary have been incentivized to participate.’”

The Montreal SPCA, which lobbied against the municipal ban on several fronts, including the aforementioned lawsuit, is currently sponsoring a petition to block province-wide legislation that would give the Quebec government authority to ban specific dog breeds. The organization calls Bill 128, which was proposed in April 2017, “costly, unfair, and ineffective in reducing the risk or severity of dog bites.” Along with the petition, the Montreal SPCA has posted alternative solutions to address the public safety issue of aggressive dogs on its website: saferkindercommunities.com.

The swift repeal of this legislation points to the power citizens can have when using their voices at the ballot box. Alana Devine, director of animal advocacy at the Montreal SPCA, told CBC News: “We do believe that part of why Projet Montréal was elected is their commitment to important animal welfare issues.”

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