No decision in Montreal's request to appeal pit bull ban suspension

The Court of Appeal of Quebec will rule in the coming dayson the City of Montreal's request to appeal a court-ordered suspension of its controversial new ruleson pit bull-type dogs.

Lawyers for the City of Montreal and the Montreal SPCA, which wantsthe bylaw's sections on pit bull-type dogs ruled illegal, presented their arguments before the province's highest courtFriday morning.

In itsarguments for repealing the suspension, the City ofMontrealsaid it wouldguarantee that no pitbulls wouldbe euthanizedover the months it couldtakethecourts to rule on the SPCA's legalchallenge of the bylaw.

• Montreal SPCA to take legal action against new bylaw targeting pit bulls

City lawyers also said Montreal would be willing to allow owners of pit bull-type dogs picked up as strays during this periodto reclaim their animals, despite a new rule to the contrary.

The city argues, however, that owners of pit bull-type dogsshould stillbe required to obeythe bylaw's other new rules:

• muzzling their animals at all times when they're outside.
• keeping their dogson a leash that's no longer than 1.25 metres, except in a fenced dog park.
• Ensuring the animal issupervised when outside by someone 18 or older.
• obtaining a special city-issued licence for their dog.

City's offer surprise to SPCA

Montreal's offer to compromiseon key aspects of the bylaw euthanasia orders and reclaimingstray pit bulls tookSPCA lawyers by surprise. Lawyer SophieGaillard saidthe organization hasbeen trying in vain to discuss optionswith the city.

"They've refused to negotiate," saidGaillard.

She said the city needs to go further andgrant the SPCAthe right to find homes for healthy, behaviourally soundpit bull-type dogs seized under the new rules.

Under the bylaw, newadoptions of prohibited breedsare not permitted.

Gaillard said that stipulation will lead to overcrowding at the SPCA'sfacilityand needs to be changed.

"We can't house dogs forever.They have to leave our building one way or another, and our way of doing that is adoption," she said.

Ultimately, the SPCA wants the city to step away frombreed-specific legislation, or at the very least, clarify definitionsso there's no doubt about what qualifies as apit bull-type dog.

Justice Manon Savardasked the opposing lawyers to sit down together and try to work out a deal.

She did not give a time frame for her decision on the City of Montreal's appeal request.

Bylaw language 'vague'

Last week,Superior Court Justice LouisGouinsided with theSPCAand co-plaintiffOdetteLoursin their request for a suspension of those sections of the bylaw concerning 'pit bull-type dogs,'ruling that the bylaw's language was"vague" and "imprecise" andin need ofclarification.

• 'Written in haste': Judge extends suspension of Montreal's pit bull ban
• What you need to know about Montreal's newdog bylaw

In its request to appeal, the City ofMontrealsaidconcerns raised by the SPCA and Lours are not exceptional nor serious enough to merit the suspension of new rules approved by "Montreal's elected representatives."

The city contends that the suspension puts private interests ahead of the public interest, contrary to jurisprudence, and it claims Gouin's ruling did not take the public interest into account.

If the suspension is not lifted, thepublic interest will suffer "patent, major, and irreparable harm," the request says.

• Pit bull bylaw points to Coderre's tendency to act first, deal with fallout later