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Rambo (2)

Rambo the (maybe) pitbull and his owner, Gabriela Nowakowska are rapidly turning into the poster people for what is wrong with Ontario's legislation aimed at eradicating the breed from the Province.
You can see why this case would be a lightning rod for critics of Bill 132, the legislation crafted by Michael (Dalton-in-waiting) Bryant in the wake of several nasty dog attacks in Ontario.
Rambo is between five and 10-months-old puppy and is clearly NOT a purebred American Staffordshire Terrier because he doesn't have the giveaway black nose for the job, according to the people who know.
He's your everyday, mutt-like cross who schleps around home and loves his owner Gabriela, who says she picked him up at a flea market earlier this year.
Gabriela is clearly not the pitbull-breeding, dog-fighting nefarious character at whom one might assume the legislation was aimed.
She is a rather naive 20-year-old girl who, believe it or not, knew nothing of the pit bull controversy when she got the dog, and didn't get him fixed when she acquired him because was told he was too young.
Since Rambo was caught on Christmas Day ("It was the worst Christmas ever," says Gabriela) she has been forced to do a lot of growing up.
She's already laid down the cash for Rambo to be fixed if she can ever get him out of the pound.
And she is beginning, with the assistance of the sage advice of some experienced local animal welfare groups, to really grasp the situation.
In the eyes of the law, the fact that Rambo is an innocent little puppy is irrelevant. So is the fact that he is not a full-bred pitbull.
In fact, there is no such thing as a pitbull breed per se, which is one of the reasons parts of the law were struck down by the courts.
What's left is a law standing on three legs and not providing much relief to anyone.
If the intent is to eradicate the breed, then the effect in this case is simply to take away a young woman's best friend — clearly a lover not a killer — and execute him.
The law should obviously have been aimed at dogs who have been trained to kill, no matter what they breed. Those dogs can, unfortunately, not be trusted around children and must be put down.
But Rambo and Gabriela? If your law catches this kind of victim, it's not working.
The City of Mississauga's animal control department is caught in the middle of all this, enforcing legislation that it told the government it didn't want and believed would not work.
Those reservations are now being borne out.
Gabriela has decided to fight, even though she can't really afford it. She is appealing to the public for funds (Account number 06246273559, transit number 13402 for TD Branch 004.)
She faces a long, uphill fight.
Her lawyer may make an attempt to "get bail" so to speak, for her dog, while the court challenge is launched. But, if not, Rambo faces many long days in a cage at the animal control building on Central Pkwy. W., something which is definitely not fair to him.
Gabriela also faces the possibility that she may lose the case but still save Rambo's life by allowing him to be placed with an animal rescue group from outside Ontario.
That's not her first choice, of course, but it would be a lot better alternative than having him put down.

P.S. For another take on this case, visit Selma Mulvey's post today at http://caveat.blogware.com/blog/_archives/2008/1/15/3466073.html

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Comments (13)

Satsui:

I think this isn't really fair, cos he might not even be a pitbull. and if he isn't, then they'd definatly won't kill him then. It's really like being a dog racist. We already went throught this (remember racism about dark skinned people?) and we should really stop this cycle. plus, rambo's only 10 months old. not really a good time to kill him. not even 1 year old! geez.

maria:

this is so ridiculous . to be honest with all u ppl any dog can harm someone its trademark and actions all depend on how the dog is raised .. ppl put a puppy so innocent on death row would u like to be on death row for wearing a purple shirt just because a murderr from the past wore one?
Like come on, think reality u idiots. may u al rot in hell!!!!

Susan:

Mac-

Yes of course I have made donations to Banned Aid. I have been doing so regularly since the fund began...thanks for the reminder to everyone though, we can't forget about the real fight!

[quote]Rambo has friends in high places[/quote]
http://www.mississauganews.com/article/10388

Great article.

Even greater comments by Carolyn Parrish!

[quote]It is "perverse" to pass a law that bans animals based on the fact they look like a pit bull, said Parrish.
"There has got to be a humane set of rules put in place when the law is an ass," she added.[/quote]


But I don`t trust them at all!!

I like the owner`s solution..

[quote]If the courts rule that he is a pit bull and subject to the legislation, only then would she consider having him given to a rescue operation, she said.[/quote]

Stick to your guns.
Make them sign that deal with you.

Keep the pressure on.

The City of Mississauga doesn`t like the bad press,the public outrage and they sure as &$%$@ don`t want to go to trial.

This little gem was in my response(Form letter) from Mayor McCallion et al.

[quote] One must ask the question why the owner would knowingly acquire a
prohibited dog. This law received national and intense local media
attention for many months prior to it being passed into law. [/quote]

I have the clip from CP 24 where Alix Pierson asks former Attorney General Michael Bryant to pick a Purebred APBT out of a lineup of 24 Purebred dogs.

In spite of his attempt to cheat,
he picked out a Presa Canario
(Note to kids,don`t cheat at school,you might get in trouble,only our Ontario Fiberals can cheat and get away with it!)

"Let me be clear,if you own a "Pit Bull",you know you own a "Pit Bull"
~Attorney General Michael Bryant

I was told to take this clip off my blog for copyright reasons(Plus it`s terribly embarrassing for the Fibs),but I was told that home viewing is perfectly legal so if you`re looking for something to view in your home....

Maybe it will help you figure out if you are acquiring a prohibited dog,OR NOT!

With Hazel's eyes and character stature, it might be more appropriate appointing Rambo our official Mississauga mascot while he sits in the joint.

It raises a thorny moral concern with the Premier-in-waiting Michael Bryant. If Dalton McGuinty has to go to Ottawa and get the $7,000 back off Tony Clement before Brian Mulroney trips on his other two defamation of character traps against Robert Thibault and Pat Martin.

My response to the form letter undoubtedly written by the City's legal department over Hazel McCallion's name:

Thank you for your form response. I am heartened to see that the name of the Attorney General was corrected after the first round of
responses.

If, as you state in your letter, the City of Mississauga is concerned about liability, it would never adopt out any dog. In fact, no municipality would rehome dogs if it were concerned about liability.
Any dog can bite; breed is irrelevant. If liability were such a concern, municipal Animal Control departments would be nothing more than slaughterhouses for dogs.

No breed is likelier to bite a human than another based on breed alone; it is a matter of individual owner responsibility and training. It is the human factor that determines whether one dog is
likelier to bite than another. From all reports, this puppy has not shown any evidence of aggression. Karen Delise has done sterling research into the issue of dog bites and attacks, published in her
book Fatal Dog Attacks. Her research into over 30 years of dog attacks identified three factors that appear to contribute to canine
aggression towards humans. None of these are breed. The prime cause for the three factors is human – the irresponsible owner.

I must admit that I burst out laughing at the claim that this dog is part American Staffordshire Terrier. Any claim that this dog is purebred or part purebred is because the owner was misled by the backyard breeder who sold her the puppy, or wishes to believe that her flea-market dog is part purebred.

Is your Animal Control department pursuing the backyard breeders and puppy millers that reside in Mississauga?

As for the "substantially similar" claim: After more than 40 years around dogs, my vote is that the dog is part Labrador Retriever, part Doberman. The red coat and nose are Dobe-ish, the square head and
bulky body are Lab. Who is to say I'm wrong?

There is nothing to prove that this dog is anything other than a dog. And a puppy at that. Please remember that the former Attorney General Michael Bryant, the architect of Ontario's breed ban, was
unable to identify the American Pit Bull Terrier in a series of pictures of purebred dogs.

I believe that the City of Mississauga has the honourable option of declaring the puppy a mutt since no one on this earth can prove what he is, and returning him to his owner with a caution to keep him
confined and safe.

[quote]I am heading to the bank to make my donation.[/quote]

I hope you and others are splitting that donation between this case and
www.bannedaid.com

or

you`re just putting a bannedaid on this Rambo incident.

Natalie Blokhine-Humble:

It was my 8 year old daughter that lost her mind with the unjust/murderous methods in dealing with this.
It was her that started a petition stating Killing Rambo is Murder, he is Innocent.
She (Jazmine) is so upset about this that she is planning and wanting to fight/argue/protest to support both Rambo and Gabriela.
We have approached Gabriela, giving her the petition that Jazmine has started but also to support her.
I as the parent will support my daughter in this. And for the ones who believe in this bill, i have to say my daughter was a victim to a dog bite in the face, and she feels strongly about RIGHTS of this innocent dog.

Susan:

I am heading to the bank to make my donation.

We need to hound our new Attorney General and get him to make his own headlines...."Attorney General Chris Bentley Realizes Michael Bryant Was a !#@%#"

[quote]Her lawyer may make an attempt to "get bail" so to speak, for her dog, while the court challenge is launched. [/quote]

...and I would like to offer to board this "criminal" for free if her lawyer can "cut a deal" so to speak.

I am willing to surrender my passport(I don`t have one but I will get one so I can surrender it!) to our new Attorney General Chris Bentley.

They have my word that this "criminal" and I will not flee the country.
And to sweeten the pot,I`ll quit mocking them for the duration of the trial.
My offer to board is serious and I will comply with the bail conditions placed on the "criminal".

[quote]Gabriela has decided to fight, even though she can't really afford it. She is appealing to the public for funds [/quote]

I hope people learn something from this.

There IS a legal challenge going on in Ontario and people need to donate to it so we can end this nonsense.

This isn`t just a "Pit Bull" or a doggie issue.

Please take a hammer to your piggy bank and help defeat this law!
Donate to
www.bannedaid.com

I`m sure most people can afford $20.

They are fighting for your civil rights so this doesn`t have to be fought on a case by case basis.

Aloha, John.

As usual, great Blog. Just want to drop down another resource --testimony by Mississauga Director of Enforcement, Elaine Buckstein as she addressed concerns regarding Bill 132.

Here's a portion:

"The bill provides for a 90-day time frame where owners of pit bulls must comply with regulations. It will be difficult, if not impossible, for staff to determine whether a pit bull was actually born between that time frame and when ownership really commenced. In this 90-day period, many owners will need to ensure that they have valid licences, if only to assist in providing evidence of ownership prior to proclamation. I would note too that in licensing in our municipality, and in most, the breed is self-described. So I expect that we will see no recognition of "pit bull" on any future licensing claims, at least, I guess, if people are smart enough to realize that if they say "pit bull" they've just signed a death warrant.

1140

The legislation also provides for an amendment to the Animals for Research Act where it specifies that the pound keeper becomes the individual making the determination. There is reverse onus on the owner to prove it's not a pit bull if it's alleged in court that the dog is not. It's unlikely that an owner will be able to afford DNA tests to determine their dog's breed. In any event, the pound keeper will determine the dog is illegal and destroy it. Liability issues arise here due to potential challenges by way of judicial review for the poundkeeper's decision. Owners could take the municipality to court for destroying their dog that they later claim is not a pit bull or that their dog was killed prematurely. On examination, it is not clear in the bill whether the dog must be retained at the shelter while awaiting a trial or whether municipal shelters must go ahead and perform the destruction with the pound keeper being given the authority to identify the dog.

If this legislation proceeds, the city recommends that the province provide clarity on the status of a dog awaiting trial, that municipalities are given authority to impound and retain the dog while awaiting trial, and that the court's decision to destroy a dog is final and binding. Any appeal may be filed on the fine itself but not on the disposition of the dog, in order to exempt the municipality from any liability.

If the province determines to continue with breed-ban legislation, knowing the difficulties it will create in attempting to legislate a breed that is difficult to define, municipalities must do their best to determine when a dog is born. The city recommends further that microchipping of all restricted pit bulls would strengthen the proposed legislation by providing a less subjective means of identifying the breed. With the passage of the legislation, automatic microchipping should commence; otherwise, the animal may be found by the pound keeper to be a pit bull breed and destroyed. Further, the city recommends that the province provide municipalities with clear guidelines on their authority to microchip restricted owned pit bull dogs.

The Chair: As a reminder to you, you have a little less than two minutes.

Ms. Buckstein: With the passage of Bill 132, the city's animal services section will be faced with a significant increase in workload, which impacts staff response times and the ability to provide regular services. The section will face pressures on finances, research, resources, the treatment of accused dogs, administration, emotional strain and increased enforcement responsibilities.

The province believes that with the introduction of this legislation, the public will be protected from vicious dogs. The legislation places a significant amount of responsibility on municipalities to enforce the ban and restriction on pit bulls. The city believes that, as the province wishes to divest so much responsibility on municipalities to govern the ban and restriction on this breed, then equally the province should support existing municipal programs and provide municipalities with the resources for such proactive measures, the financial assistance with which the municipality can realistically enforce the proposed changes, require microchips for all restricted pit bulls, and exempt municipalities from potential liability arising from owner claims.

I would also note that the current Municipal Act does allow municipalities to respond to situations within its own boundary regarding dangerous dogs."

Ms. Buckstein's entire deputation can be found at:

http://209.85.173.104/search?q=cache:Wl-tav_YljsJ:www.ontla.on.ca/committee-proceedings/transcripts/files_html/2005-01-24_M009.htm+%22elaine+buckstein%22+%22bill+132%22&hl=en&ct=clnk&cd=4&gl=us

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