Judge extends suspension of Montreal pit bull ban
Mandatory muzzles, ban on new pit bulls will not be enforced until there is final ruling on bylaw challenge
A Quebec Superior Court judge has extended a suspension of Montreal's ban on pit bull-type dogsuntil there is a final court rulingon theSPCA's legal challenge of the bylaw.
The SPCA is arguing that clauses of the new animal control bylaw dealing with pit bull-type dogsshould be declarednull and illegal.
Restrictions aimed at pit bull-type dogs,including a prohibition on adopting them anda requirement that they bemuzzled when outdoors,will not be enforced until the SPCA'schallenge is heard by the courts and a final decision is rendered.
Other provisions of the new animal control bylaw remain in effect, such as the requirement that all dogs weighing more than 20 kilograms, regardless of breed, wear a halter or harness.
Bylaw definition 'vague, imprecise'
In JusticeLouis Gouin's decision, hefound the provisions dealing with pit bull-type dogs raise numerousred flags andmerit further review.
This court has the impression that certain articles of the bylaw were written in haste.- JusticeLouisGouin
Gouin said the definition of the term "pit bull-type dog" is vague and imprecise and needs to be clarified.
"The challenge is to establishthe limits of the very elastic definition of 'pit bull-type dog' and the court notes that, during the hearings, even the city has been unable to define those limits," the decision reads.
Gouin also questioned whether the City of Montreal has the right to order the seizure and euthanizing of pit bull-type dogs thatmay not, in fact, be dangerous.
"This court has the impression that certain articles of the bylaw were written in haste," hisjudgment reads.
Gouin encouragedthe city to "return to the drawing board" and revisit its formulation of sections of the bylaw.
The Montreal SPCA welcomed Gouin'sdecision, whichit said could be in effect for months.
"The fight is far from being over, but we are very pleased with this first victory," SPCAlawyer Sophie Gaillardsaid in a news release.
"We are particularly delighted to be able to continue finding adoptive homes for all our healthy and behaviorally sound dogs, regardless of their physical appearance."
The decision extends Monday's temporarysuspension thatGouinhad placed ontheprovisions of the new animalcontrol bylaw.
In court on Monday, MontrealSPCAlawyersSibelAtaogulandMarie-ClaudeSt-Amant argued thatthe new animalcontrolbylawpoorly defines "pit bull-type dog"andcontravenes the rights ofQuebecersbecause it allows any "competent authority"to enter a home without a warrant.
It's like pornography.You know itwhen you see it.- Ren Cadieux, lawyer for Montreal, on how to tellwhat's a pit bull-type dog
Ren Cadieux, the lawyer representing the City of Montreal at the hearing, defended the bylaw's vague definition of pit bulls, arguingthat it's difficult to pin down the exact characteristics of the breed.
Hetold the court, "It's like pornography.You know it when you see it."
'Choice for safety'
Mayor Denis Coderre on pit bull ban: "It's not a right to have a dog, it's a privilege."
—@jbernstienMontreal Mayor Denis Coderresaid Wednesday afternoon thatthe court challenge doesn't mean the bylaw is flawed.
"If you studyand consult jurisprudence, nothing changes," he said.
"We made a choice for safety, but we made a balanced choice. People who want to keep their dogs can keep them.
"We didn't move too fast."
Projet Montral city councillor Sterling Downeyhas been a vocal critic of the bylaw andsaid Wednesday that he was "very happy" with the ruling.
"Right now we're penalizing good owners, dogs that have never shown signs of aggressiveness, and we're basically saying they're aggressive animals without any proof," Downeysaid.
"It's unacceptable."
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