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February 04, 2005

Public Hearings: Day One

January 24, 2005

The CKC Task Force on Breed Specific Legislation has been Active during January in preparing for Legislative Hearings in Ontario. The Hearings are focused on the revisions proposed to Bill 132 The Dog Owner's Liability Act (DOLA). As many of you are aware, these revisions, sponsored by the Attorney General Michael Bryant, would bring to Ontario severe breed restrictions leading to breed bans for three breeds of purebred dog: the Staffordshire Bull Terrier, American Staffordshire Terrier and American Pit Bull Terrier. In addition, the government has included these same sanctions for a member of a class of dogs that have an appearance and physical characteristics that are substantially similar . . ..

The CKC has joined with many organizations in offering to the Ontario politicians the benefit of its expertise and experience in drafting revisions that would better serve Ontarians, legislation that would increase community awareness and safety without sacrificing breeds. Our suggested changes would have the aim of putting forward a Bill that is reasonable, enforceable, affordable and non-discriminatory. We are joined in this effort by the Ontario Veterinary Medical Association, several National Breed Clubs (not limited to those breeds targeted), the Dog Legislation Council of Canada, Banned Aid, Provincial Humane Societies, many Ontario Kennel Clubs, the Canadian Dog Judges Association, Ontario Animal Shelters, several Municipalities, private trainers, breeders and dog owners.

In December, the Bill was referred to the Standing Committee On The Legislative Assembly for public hearings. The committee developed a schedule for hearings in Toronto, Barrie and Brantford. Toronto sessions are held at Queen's Park January 24 and February 3, Barrie at the Holiday Inn January 27 and Brantford Holiday Inn February 2.

It is the sense of the CKC?s Task Force that the CKC membership would appreciate a detailed synopsis of the hearings. We will endeavour to provide this synopsis for each day's hearings.

The following reflects Day 1, January 24, 2005. There was a high level of media interest both print and television. Mid-afternoon, a Press Conference was given by Clayton Ruby, the lawyer retained by the Banned Aid Coalition to support their efforts to challenge this Legislation.

Of 25 presenters scheduled for the first day of hearings, 24 were present. 6 of the 25 supported the Bill, some with stated reservations. The great majority of those in support were dog bite victims or families of victims. Their concerns were well stated and compelling. They focused on the fear of unleashed dogs in public spaces, the fear of dangerous dogs in the hands of irresponsible owners and the current inability of dog control authorities to manage these problems in their communities.

Presenters against the Legislation began with the Animal Protection Institute. Anti-BSL, this presenter outlined the Municipal challenges that would accrue from the legislation as written, as well as the issues that would develop for Humane Societies. The ineffectiveness of the Bill in accomplishing its stated purpose of improving public safety was also addressed.

Following this was a presentation by C & J K9 Safety. This presenter had met earlier with the AG prior to the legislation being tabled. She stressed the basic tenets of her company's bite prevention programs noting any dog can bite. Commenting that poor socialization by owners is not a breed issue, Ms Cino went on to urge the Committee members to go back to the table, pick a group of experts and use their assistance in developing alternate legislation that would serve to support the purpose for which this bill is intended.

Cathy Prothro-Short presented as President of the American Staffordshire Terrier Club Of Canada. Noting the scarcity of this breed Nationally and their very small numbers in Ontario specifically, this presentation went on to use scientific research to refute both the locking jaw theory and the inherently aggressive theory that has been circulating in the media and in the speeches of legislators in early debates.

The National Capital Coalition for People and Dogs offered their speaking time to a member who operates a bull breed rescue. This was a particularly effective presentation targeting irresponsible owners, breed identification challenges and excellent anecdotal information from many years of rescue and rehoming.

The City of Mississauga had their manager of Animal Services present. Their Mayor has noted that she feels this Bill as written is simply downloading a problem to the Municipalities. Their animal control manager noted the ineffectiveness of BSL in solving the problems of dog management; she referenced the excellent findings of the Courtney Trempe inquest and the lack of consistent implementation of those findings by the Province; she noted the severe financial impact of implementation of the Bill in a Municipal environment including greatly increased staff costs, liability cost increases, legal costs, etc. Mississauga offered solutions to the problem the Legislature is grappling with including mandatory microchipping of all dogs, implementation of the findings of the Trempe inquest, a minimum 3 year transition period to effect change and increasing of fines for dangerous dogs.

The last presentation of the morning was the Association of Animal Shelter Administrators of Ontario. Beginning by noting that any dog can bite, they went on to categorically state that the pit bull is not a breed so cannot be defined. They offered the Legislature their assistance and noted the value of CKC assistance in developing definitions of dangerous dogs. They noted the increased costs to Shelters of Bill 132 if implemented as now written, their insufficient enforcement resources to support these costs and offered alternatives including;- Dangerous Dog Legislation, increased fines, muzzling laws, public education, licensing incentives, development of a dangerous dog database and the requirement for a minimum 3 year transition period.

The afternoon began with a presentation by a woman who noted that she is a member of the Bloor and Dufferin Resident?s Association. She had telephoned 40 people to ascertain their opinion on a series of questions relating to dogs and detailed their responses. Some were in favour of a breed ban, others against.

Next was Cheryl Smith who offered that she works as a behaviourist/dog trainer. Her opinion was that Bill 132 is not good public policy. She offered an overview of the six levels of dog bites ? perhaps to remind legislators and the media that each time they hear of a bite it is not necessarily related to significant event. Also noted was her opinion of pit bulls as gregarious and easily socialized as well as her belief that education of the public is key to preventing dog bites.

The Ontario Veterinary Medical Association was represented by its President Dr Tim Zaharchuk and Executive Director Doug Raven. Noting that BSL will not prevent dog attacks, the Doctor went on to note the need for better enforcement of licensing and for better public education. He dispelled the pit bull the dog most likely to attack myth using Ontario hospital dog bite statistics followed by a discussion of BSL implementation issues including how will this breed be identified, who will do this identification, how will increased costs be absorbed. From there, suggestions were made to regulate breeders of dogs, increase public education, identify dangerous dogs regardless of breed, implementation of spay/neuter requirements and effective confinement regulations for dangerous dogs. OVMA has offered to work with the Province to develop better legislation.

The Staffordshire Bull Terrier Club Of Canada was represented by President Clive Wilkinson. This presentation included a request to remove the BSL component of the Legislation and offered a strong overview of the Calgary and Winnipeg models of dog control, supporting the facts of Calgary's effective and successful program. An overview was provided of the responsible breeder's requirements of puppy owners. There was a plea for this breed, noting its very small numbers in the Province, its genial nature and small size. There was an overview of the difficulty of breed identification by any but the CKC and ended with the caution that dog bites are a people not a breed problem.

Banned-Aid was represented by Dawne Deeley of the Dog Legislation Council Of Canada. Her strong message provided support for the observation that BSL will not work. Included was an overview of the Italian dog management situation, the Finnish status and indications of other countries successes in obviating the need for BSL. Comparisons were made of strong and supportive breeders to those who are often considered back yard breeders. She spoke of options for breeder regulation, of leash laws, public education, licensing programs, spay/neuter advantages, kennel by-laws and of New Brunswick's improved Bill 55.

Dr Richard Meen, Toronto psychiatrist and long-time Chair of the Board of the CKC spoke on behalf of the Canadian Dog Judges Association. His presentation included the history of the dog and the role of the dog in society, an overview of breed characteristics and how they apply to dogs, the role of aggression as a necessary facet of any society, the value of dogs in our lives and the compelling argument that dogs remind us of our humanity. Dr Meen went on to support the CKC's Dangerous Dog Policy and penalties for owners who do not take full responsibility for their pets, noting in response to questions that BSL will not change bite statistics because the issue is ownership.

Donna Trempe, the mother of Courtney Trempe who was killed in a dog attack in Ontario, presented after Dr Meen. Mrs. Trempe is opposed to BSL noting that this legislation would have done nothing to have saved her daughter's life. She offered a well reasoned analysis of Bill 132 noting its? strengths but decrying BSL. She is a strong advocate of Dangerous Dog Legislation, owns a GSD and is passionate with respect to the need for the recommendations of her daughter's inquest to be implemented. She discussed the need for higher penalties for irresponsible owners, and exhorted the legislators present to use the legislation now available to them to make owners responsible a move that would ease her belief that up to now her daughter has died in vain.
Both MPP's Julia Monroe (PC) and Peter Kormos (NDP) were strongly supportive and cordial to Mrs. Trempe in what was very obviously a particularly poignant presentation.

The Toronto Humane Society offered a powerful anti-BSL message. Flanked by a lawyer and Board Chair, their Chief inspector provided and overview of Toronto's dog control problems. Basing their concerns around irresponsible ownership, the THS agrees with the need for better legislation but does not feel that this is it. They note that it may be politically advantageous to use BSL but that is its only merit. They are concerned with what constitutes a pit bull noting that shelter dogs do not bring papers with them. They are not supportive of the Bill's definition of menace, of the reverse onus provision, of the broad search and seizure powers, or of the provision for these dogs to be turned over for research purposes noting that Toronto prohibits this action under existing Legislation. They posit that the Province should use the CKC and OVMA to write more thoughtful legislation with a more encompassing strategy to deal with problem dogs. They promote the need for breeder regulation, spay/neuter, a code of animal care, better licensing, education of owners and mandatory training.

The Canadian Kennel Club presentation was given by Communication Manager Sonny Allinson and Task Force Chair Lee Steeves. Noting its support for many of the provisions of Bill 132, the CKC argued the ineffectiveness of BSL in areas of enforcement, implementation, cost and international experience. We provided a series of Municipal challenges that would fall out of the Bill, dispelled the theory that any dog breed is inherently aggressive, offered an overview of the Animal Pedigree Act and its provisions for identification of breeds resting solely with CKC not with Veterinarians, not with Shelters and not with politicians. We noted the fallacy of the pit bull being considered a breed of dog. We noted the inability of DNA research to identify a breed of dog or a mix of breeds within one dog. We discussed the advantages of purebred dogs and defined those ,targeted in this Bill, we discussed our CKC breeders with emphasis on the Code of Practice. The cornerstones of responsible breeding were offered to the Committee and the impacts of breeder mentorship, support to puppy owners, non-breeding contracts, etc. were given in evidence. Offered was a definition of dangerous dogs, our belief in both supportive actions and sanctions that would better be used to keep our communities safe and an offer to the Province that we would be available to work with them to redefine this Bill to better answer the concerns they are attempting to manage.

The Dog Legislation Council Of Canada was represented by Nelson Ross who spoke against BSL and for increased requirements for dog owners. Noted as well was a suggestion that the media has created a great deal of the concern we are hearing publicly.
The Humane Society Of Canada was firmly anti-BSL. Represented by their Executive Director, he discussed their dog bite prevention program, spay/neuter efficiencies, formal training requirements for owners, formal education as part of the school curriculum, incentives for licensing, training for enforcement officers and the wrong-headedness of taking our anger out by targeting specific breeds. They noted the opportunity for the Province to support initiatives in schools designed to keep children safe by better understanding their relationship with the dog. Also acknowledged was the complexity of the problem and the considerable acrimony that has been generated over this legislation.

The Rottweiler Club Of Canada was represented by its Ontario Director Tricia Barrett. This strong presentation noted opposition to Bill 132, a suggested uptake in implementation of the Trempe inquest recommendations and a recommendation that the MPP's listen closely to the expert testimony received throughout this first day of Hearings and note the common threads. Reference was made to New Brunswick's Bill 55 and the proponent's admission that concentrating on specific breeds was a mistake. Concern was raised about the misidentification of dogs should this legislation move forward, the need to define and target dangerous dogs, to improve leash laws, to remove the search and seizure provisions in this draft as well as the referral to research.

The Canadian Federation of Humane Societies began by referencing the NCAC's one page overview of BSL and its well thought out arguments. Noting the need for better laws to deal with dangerous dogs, CFHS believes that there are insufficient restrictions on breeding, selling and raising dogs. She notes the inability they have to reliably identify breeds, the factors they consider which contribute to a dangerous temperament, the need for increased fines and jail terms for offenders, the need for a better dangerous dog definition including the term without provocation, increased spay/neuter requirements, licensing, a central database for reporting purposes, a breeder certification program as well as one for trainers and behaviourists.

The Ottawa Kennel Club was the last presenter on Day 1. Carol Broadhurst, Jim Osborne and John Hodgkinson were present and offered a strong argument against BSL. The background of the OKC and its support to the community provided a backdrop from which they offered their viewpoints of Bill 132. Promotion of increased public education, responsible ownership and fairness were advocated. Arguments were then offered against the Bill as presented noting its encouragement of vigilantism, of the mongrel nature of the pit bull, the concern with reverse onus, the high likelihood of misidentification of targeted breeds, the inability of this Bill to improve public safety, stats on the Staffy Bull, the high costs of enforcement with no offsets, the media created issues that are not real and the need for DDL regardless of breed. John closed the day with the compelling statement that for breeders of American Staffordshire Terriers, Staffordshire bull Terriers and American Pit Bull Terriers the hurt that will be caused is as great as it is unfair.

The CKC Board, staff and members of the Task Force on BSL are committed to keeping you informed of the progress of BSL initiatives Nationally. Please feel free to contact your Board Director, or the Task Force Chair, Lee Steeves, should you be facing BSL initiatives in your Municipality. We are able to provide presentation packages for you to use with Councils, as well as letters and background materials. Further Ontario updates will be posted as Hearings occur. New Brunswick updates will also be available when Bill 55 is tabled.