Pooch saved from death row...

Some FANTASTIC news in the Sarnia Sun comes this news.

Pooch saved from death row as judge rules dangerous dog legislation too ‘vague’
Sarnia Sun

Jody Kirby gets a wet welcome from her dog Tidus yesterday after picking him up at the Sarnia Humane Society. Tidus had been incarcerated there since he was seized March 9 and Kirby was charged with several offences. She was found not guilty yesterday.

Freedom from the pound Tidus returned to owner after judge rules on Dog Owner’s Liability Act case
BARRY WRIGHT
Sarnia Sun

A Sarnia dog has been given a new leash on life, but dog owners shouldn’t take his release as the beginning of the end of the Dog Owner’s Liability Act.

Tidus, a four-year-old male described in court as small, short-haired and muscular, is back with his owner today after being released following 42 days in custody at the Sarnia Humane Society.

“I’m just thrilled. I’m relieved it’s over with,” said owner Jody Kirby.

“He’s a good dog, he’s never done anything wrong.”

Tidus was seized March 9 by an animal control officer and Kirby was subsequently charged with four Sarnia bylaw offences relating to the pooch not being licensed or on a leash.

The city also ordered the dog destroyed under the provisions of the Dog Owner’s Liability Act which was passed by the province last August.

That legislation stipulates that pit bull owners must have full control of their dogs at all times, as well as having them muzzled, leashed and sterilized within 60 days of the bill taking effect.

Defence lawyer David Stoesser called the act “very inadequate.”

While Stoesser indicated the case is the first of its kind to be heard in Sarnia, a spokesperson for the Attorney General’s office did not know if the case was the first of its kind anywhere in the province.

“We don’t track those sorts of things,” said Brendan Crawley. Crawley was quick to point out the case should not been seen as a challenge to the legislation, but an individual court case under the law.

“If I’m acquitted of theft, that doesn’t mean I’ve been successful in challenging the Criminal Code,” explained Crawley.

“The act is alive and well,” he said. At the time she was charged, Kirby told the officers Tidus had infections that needed to be treated before he could be neutered, but she did not have the veterinary paperwork to back up that claim.

The dog has since been neutered and is good health, according to Dr. Sandra Taylor, a local veterinarian who testified on behalf of the defence in the Provincial Offences Court in Sarnia on Wednesday.

Taylor testified she could not identify the exact breed of the dog, because the owner did not have information about the lineage of the animal.

‘Very vague.’

“This legislation is very vague because it doesn’t give direction,” said Justice of the Peace Helen Gale in making her ruling to release the pet following the two-and-a-half hour trial.

She noted that the Canadian Kennel Club does not even recognize pit bulls as being a specific breed.

“There needs to be a clear definition,” said Gale. “There are some real problems with the act.”

Gale said the essence of the act was to restrict the movement of dangerous and aggressive dogs and no testimony was offered about Tidus’s personality.

The dog owner, who broke into tears when the destruction order was dismissed, said the legislation cannot be applied in a cookie-cutter fashion.

“I think that’s a big part of what’s wrong with this legislation,” commented Kirby outside the court room.

“He’s a good loyal friend to have around,” she said. “He’s obedient, never shown any aggressive behaviour and he’s never tried to bite anyone.

He’s a family pet, not a dangerous dog.”

Kirby, who said she needed a court order in order to make her sole visit to see Tidus during his incarceration, said she planned to take her pet for a long walk after retrieving him from the Humane Society.

“Because he’s on death row he doesn’t get walked,” she said. “He’s been in that cage for a month and a half.”

– with files from Gord Bowes

In the Toronto Star comes more news on Tidus

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