Friday, November 4, 2011

:: Update ::

BACKGROUND
• In this case, Halifax is seeking a court order to kill Brindi as an “additional penalty”.
• This is a repeat of the first trial in 2009-2010, in which her owner was charged for three by-law violations – but not until six months after the event, and immediately after the city lost its case in supreme court, but refused to return Brindi.
• Brindi’s health has suffered from three years of confinement, and her owner has lost a considerable amount of money, her life put on hold. She is now fighting Halifax lawyers a third time for her dog’s life, without legal representation.

 DOG LAW MUST BE ENFORCED USING REASON AND DISCRETION
• Cities have a role to insure public safety, but within reason: they must also treat dogs and owners fairly.
• By-law infractions are minor offenses that are meant to be fined.
• Killing a dog is not a fair or moral penalty for any by-law infraction.
• If a city seeks to kill a dog it says is dangerous, it must present proper grounds. It must have proof that it has attacked with the intent to kill or do serious harm.
• Dogs that fight dogs are not necessarily a threat to public safety (dogs are not part of the public – if they were, they would have rights!).
• Dogs typically fight dogs as a way to establish dominance. It is no indication they will attack humans. And dogs can be trained out of this behavior.
• Fatalities due to dog attacks rank very low on the list of causes of accidental death and injury. They are not even among the top fifty.

UNFAIR TREATMENT OF DOGS AND OWNERS IS NOT ACCEPTABLE
• Cities should be held to a consistent standard that is in keeping with their usual enforcement of the by-law.
• Halifax decided in 2008 to muzzle, then seize and destroy Brindi, fully aware that she had never attacked a person and had not injured dogs at all, except for one minor injury that was treated with first aid.
• Halifax’s decision to kill Brindi was thus way out of line with its customary enforcement. Its decision to seize Brindi once again is not only cruel and unusual punishment itself, but also in stark contrast with its handling of a recent case of a pit bull that attacked a woman in the throat and face.
• The city has never had Brindi’s behavior evaluated professionally. It will not be bringing an expert witness to the stand next week. (An animal control officer will testify, but she is not qualified in dog training and behavior.)
• Clearly Halifax is not pursuing this case in the interest of public safety.

BRINDI IS NOT A KILLER AND MUST NOT BE KILLED
• Brindi was evaluated by several trainers and behaviorists at the request of her owner. None of these deemed Brindi dangerous. They regard her as territorial, and suggested more training.
• Brindi’s owner, Francesca Rogier, observed all court-imposed conditions for Brindi’s return.
• The conditions are: following a muzzle order, building and maintaining a dog run, and doing further training.
• The conditions were identical to the conditions she originally offered to the city in 2008, but were met with no response from the city.
• The incident leading to Brindi’s second seizure and third year behind bars was an accidental event. Freak accidents do happen: people should not be punished for them by the destruction of a beloved family member.
• Brindi simply needed more time to readjust to her surroundings after being locked up for two years without contact with other dogs.
• Francesca worked with trainer Susan Jordan. She did more training that was required and continued after Brindi was released – not because a court ordered it, but because she wanted Brindi to be as perfect as possible.

Please write to the folks below, especially the Minister of Justice -- he has the power to stop the case from going ahead.
 ..............................................................
Minister of Justice Ross Landry: justmin@gov.ns.ca

Minister of Municipal Affairs: Hon. John MacDonnell: john.macdonell@ns.sympatico.ca

Mayor Peter Kelly: kellyp@halifax.ca

HRM elected councilors: harveyb@halifax.ca , adamss@halifax.ca, barry.dalrymple@halifax.ca, brad.johns@halifax.ca, darren.fisher@halifax.ca, David.Hendsbee@halifax.ca, sloaned@halifax.ca, humd@halifax.ca, jennifer.watts@halifax.ca, karsteb@halifax.ca, lorelei.nicoll@halifax.ca, mcclusg@halifax.ca, mosherl@halifax.ca, outhitt@halifax.ca, peter.lund@halifax.ca, rankinr@halifax.ca, streats@halifax.ca, smithj@halifax.ca, utecks@halifax.ca, walkerr@halifax.ca, wilema@halifax.ca

local media:
ehowe@ns.sympatico.ca, news@globaltv.com, cbcns@cbc.ca, news@cbc.ca, atlanticnews@ctv.ca, jackie.foster@ctv.ca, radionews@halifax.cbc.ca, news957@rogers.com, newsroom@herald.ca, halifax@broadcastnews.ca, news@ckdu.ca, metronews.ca, coast@thecoast.ca, editor@tridentnews.ca, newspaper@msvu.ca, info@dalgazette.ca, journal@gmail.com, mackins@halifax.ca

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