Pit bull law ruled overly vague

Pit bull law ruled overly vague
Judge backs owner in challenge to ban

Says clearer definition of the breed needed
Apr. 21, 2006. 01:00 AM


SARNIA-A dog with "some" pit bull similarities has escaped death in what's believed to be the first successful test of Ontario's new pit bull law.

A veterinarian's letter for a Sarnia court had stated that Tidus - a muscular dog with short reddish hair and a pointed tail - had "some" pit bull similarities.

But justice of the peace Helen Gale said that's not enough to hold dog owner Jody Kirby accountable to strict pit bull laws brought in last August.

Kirby was cleared of charges of failing to muzzle, leash, sterilize and provide ownership of her dog.

Her lawyer, David Stoesser, says it was the right verdict for an inadequate law. He says the law, which considers pit bulls to be any dog with a physical appearance that is "substantially similar" to four distinct pit bull breeds, should be clarified.

"In light of these proceedings, I would hope some significant amendments to the legislation are considered," remarked Stoesser, who believes the trial was Ontario's first since the ban.

"It puts a very difficult burden on our animal control officers, on the courts and indeed, on dog owners."

A spokesman for the attorney general's ministry told the Star's Rob Ferguson officials will review the ruling.

"It's our position that the law is sound, constitutional legislation that improves public safety for Ontarians," said Brendan Crawley.

Crawley said government officials don't know if the case is the first to go to court under the law because they don't track that information, since it's up to municipalities to lay any charges.

The Dog Owner's Liability Act says a pit bull includes a pit bull terrier, Staffordshire bull terrier, an American Staffordshire terrier, an American pit bull terrier, or a dog with a physical appearance that is "substantially similar" to any of those. Violations of the pit bull restraints law require the pit bull to be put down.

Kirby, 35, said she was given the dog and isn't sure of its heritage. She described Tidus, estimated to be 4 years old, as loving and non-aggressive.

"I wouldn't have him out in public if he was a safety hazard, not even slightly," said Kirby, who was convicted Wednesday of separate municipal bylaw offences for not having her dog leashed or licensed.

In her ruling, Gale said the veterinarian's letter did not convince her that the dog could be defined as a pit bull.

"That letter falls short," said Gale. "That does not actually call it a pit bull and I think that's what the legislation entertains."

The Crown said it may appeal.

Canadian Press

http://www.thestar.com/NASApp/cs/Con...=1145569813071

 

Less than a month until Bill 132 is constitutionally challenged in court. GOOOOO Clayton Ruby, get the Ontario BSL legislation repealed and make Ontario a place people are not afraid to visit with their dogs.