Thursday, April 16, 2009

Clayton Ruby seeks leave to appeal to the Supreme Court of Canada regarding the Ontario pit-bull ban

Clayton Ruby seeks leave to appeal to the Supreme Court of Canada regarding the Ontario pit-bull ban

TORONTO, April 16 /CNW/ - Civil rights lawyer Clayton Ruby has filed an
application for leave to appeal to the Supreme Court of Canada on behalf of
dog owner, Catherine Cochrane, regarding the Ontario government's law banning
pit-bulls: the Dog Owners' Liability Act.

On October 24, 2008, the Court of Appeal for Ontario released its
decision dismissing Ms. Cochrane's appeal and allowing the Ontario
government's cross-appeal. As a result, all of the amendments to the Dog
Owners' Liability Act introduced back in 2005 were upheld, even those that the
trial judge, Justice Herman, originally struck down.

Mr. Ruby is now asking the Supreme Court of Canada to review this case on
five grounds:

(1) the Court of Appeal set the bar too low for the government
in defending the constitutionality of legislation by only requiring the
government to adduce "some evidence" of the harm the legislation is intended
to address;

(2) the Court of Appeal failed to focus on whether the law is
overbroad in "some applications", which is all that is required;

(3) the Court
of Appeal considered the likelihood that individuals will be imprisoned for
violating the law, which is an irrelevant factor in the analysis;

(4) the
Court of Appeal failed to appreciate what degree of guidance a law must
provide in order to not be impermissibly vague; and

(5) the Court of Appeal
erred in upholding the part of the law that allows a veterinarian's
certificate to constitute proof that the dog is a pit bull in the absence of
evidence to the contrary, a provision which unfairly reverses the presumption
of innocence.


Anonymous said...

Pit bulls kill 10-year-old boy

Witnesses say 4th-grader was dragged down road


KILGORE, Texas - Authorities say two pit bulls fatally mauled a 10-year-old boy in East Texas.

The Rusk County Sheriff's Office says witnesses reported seeing the dogs drag Justin Clinton down the side of the road Monday in the small community of Leverett's Chapel. Tyler television station KLTV reports that a passing motorist pulled the animals off the boy. The fourth-grader was pronounced dead at a Longview hospital.

Justin's great-aunt, Carolyn Spence, tells the Longview News-Journal that the family "just can't believe it."

The Rev. Edwin Findley, acting as spokesman for the family that owns the dogs, says both families have been hurt.

Sheriff's deputies are investigating.

Rusk County Animal Control has the dogs.

Anonymous said...

The only good Pit-Bull is a dead Pit-Bull

Conners said...

The majority of people don't even know what a Pit bull breed is. Given this, the Pit bull breeds are making headlines due to mistaken identity.

We are also talking about different countries even though we are just on the opposite side of your border.

Our by-laws do no allow us to keep as many dogs (and cats) as our neighbours to the south.

You don't hear of packs of dogs attacking people here as we have to have our dogs (and cats) liceansed and tagged yearly.

We are allowed 2 pets per family, but if ACC has seen you are responsible, they will allow, as an example; 2 - 3 dogs & cats in a household.