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When is a pitbull not a pitbull?


Are you ready to Rambo Rumble?
Councillor Carolyn Parrish apparently is.
Gabriella Nowakowska was in desperate need of a champion to publicly carry the ball for Rambo, her alleged pitbull, and it appears she's found one in the person of the no-doubt-about-it pitbull from Ward 6.
But wait a second. There's another pitbull in the ring in the person of the elder stateswoman of octogenarian attack politics, Mayor Hazel McCallion.
And she's firmly in the opposing corner, defending a law she doesn't agree with.
The City, of course, has to be careful about encouraging exceptions to any laws, since it is in the business of expecting its citizens to follow its own approved bylaws.
When municipalities and legislatures pass laws that raise serious ethical problems for citizens, the question arises: whether it is better to observe and enforce, the letter or the spirit of the provision.
In the case of the Dog Owners' Liability Act, how can you one have a lot of certainty about a law that bans animals who have a "substantially similar" appearance to a American Staffordshire, Staffordshire bull, pitbull terrier or American pitbull terrier?"
What does "substantially similar" mean and who gets to rule on such a nebulous concept?
Why is it that some municipalities are working with local humane groups to move prohibited animals under Bill 132 to other provinces or states and others are not?
Is it possible that the same dog could be deemed "substantially similar" in one city and not the neighbouring one?
How much discretion do local animal control centres have in interpreting the law?
Ms. Parrish has suggested that, if we rolled back the clock until this all began, the City's animal control centre could have held onto Rambo for a couple of weeks, satisfied themselves that he is the harmless puppy Gabriela insists he is, forced her to have the dog neutered (which she has already agreed to do and paid for) and fitted him with a muzzle and sent him home in peace.
Monday morning quarterbacks are legion, of course. You can be sure that Mississauga animal control officers do not want to be the ones appointing themselves the interpreters of this law, and you can bet that no one who works there there really wants to put this dog down.
Unfortunately, the paranoid risk management fetishists who seem to run the corporate world these days would have us believe that straying an inch from the letter of any law is a heinous crime that will be punishable by multi-million dollar law suits. Municipal staff get the message and are reminded frequently of the narrow scope of their discretionary powers.
It is suggested in this case that the City's hands were tied.
The fact remains, however, that if this dog had slightly different facial features or, if the right official had decided at the right moment that this dog was not "substantially similar" to the outlawed breed, or if he was caught in another municipality that looks to ship dogs out-of-province first before considering putting them down, Rambo would not be in this pickle.


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Comments (15)

Steven J:

Great comments, it is nice to see some one stand up and push for justice. While the people that are in power are abusing their title and their duty to ensure truth and justice.

[quote]Don't vote Liberal.[/quote]

Too late.
You`ve got him till Oct 2011!

Make the Charter Violation a Federal issue in the upcoming Federal election.

http://www.canlii.org/en/on/onsc/doc/2007/2007canlii9231/2007canlii9231.html

[quote]Onus on the Prosecution to Prove its Case

[246] The final argument of the Attorney General is that the provision cannot contravene the right to be presumed innocent because s. 19 (3) provides that the section “…does not remove the onus on the prosecution to prove its case beyond a reasonable doubt”.

[247] The addition of this provision cannot, in my opinion, “Charter-proof” a section that is otherwise problematic. As I have noted above, the effect of s. 19 (1) is that if the Crown introduces a document that certifies that a particular dog is a pit bull within the Act, that document is proof that the dog is a pit bull, unless there is other evidence to the contrary. In most cases, it will be up to the defendant to produce the evidence to the contrary. While this does not remove the ultimate burden on the prosecution to prove its case beyond a reasonable doubt, it does place an evidential burden on the defendant and therefore CONTRAVENES A CHARTER RIGHT.[/quote]

When the Federal Election is called...

...force the candidates to speak up.
No matter what party,tell your Candidate that

CANADIAN DOGS VOTE!!!

No matter where you live in Canada please make it clear to ALL Federal Candidates
that...

Ontario "Pit Bull"(?) owners are CANADIAN CITIZENS and you support them!!!

Ask your Federal candidate if they know how many DOG/Cat/Gerbil/Hamster etc. owners are in Canada?

I suspect they can`t even hold an election without pet owners.

Pet owners unite.
Show your support for Ontario "Pit Bull" owners!

These are the FEDERAL Charter Rights
violated by the Ontario Fibs.

http://laws.justice.gc.ca/en/charter/index.html

[quote] 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.[/quote]

and

[quote]11. Any person charged with an offence has the right

d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
[/quote]

We can force change.
Strength in numbers.

Kerry hartman:

John. Maybe you can help me with a question I have. I have searched the liberal
governments election platform during Mcguintys first election, and no where do I see it mentioned, that if his government gets elected they get to play GOD. Does anyone remember him saying that? Don't vote Liberal.

If the dogs were even a fraction as dangerous as “Bryant’s Wild Witch Hunt” made them out, the $54 billion HRDC EI surplus being whittled down to extend Canadian-Afghan missions into military junk piles for drones, bullets and battle fatigue, in reality "Rambo’s 1974 Wake Up Call" behind Millhouse’s Watergate hearings, was about the return of the Vietnam War social service's mess that tacked on Agent Orange as North America’s biggest public health care costs that still hounds bus shelters with G.I.’s “pan handling” between social security checks.

Dangerous dogs would have been corralled and released on the Taliban before Mrs. McCallion and Janice Baker push the syringes into senior citizens and extend “Pan Handling “ further into the $ 66 million a year Gaza Strips east of the Long Branch Loop, West of Winston Churchill and North of Steels Ave whilst Peel Council passes around the Grey Pohm Pah for successfully down loading.

[quote]According to some stories, owners of banned breeds are required to place a red banner on their doors to identify their premises as harboring one of these breeds; dogs are being abandoned in the streets and killed by the dozens in animal shelters; and licenses to keep banned breeds cost $600-1000 in US dollars.[/quote]


Relax Ontario citizens.

This isn`t us

We don`t have to put that red banner on our door

YET!

http://www.naiaonline.org/articles/archives/germany.htm

RAMBO GOES INTERNATIONAL!

[quote]http://www.upi.com/NewsTrack/Top_News/2008/01/24/pit_bull_owner_fights_her_dogs_execution/1285/[/quote]

Now everyone can laugh at the Ontario Fiberals.

Way to go Dalton!

I’ve read back to back and gone thru Cabinet Minister/ Marie Bountrogianni’s own “McMaster University psychology manual” by Bourne/Ekstrand. The only relevancy that creatures of prey or predator secret or dominate epinephrine/non-epinephrine glands or more likely Municipal Affairs/Minister Responsible for Seniors, John Gerretsen is using puppies as policy puppets to steer euthanasia over to our senior citizen’s.

From our own decades of Clarkson High School debates, the only thing Bill 132 does is supply a vehicle to bring down Health Care costs in terminal illness. It looks like the only way McGuinty knows how to up load social services off the property taxes has gone to blaming the puppy rather than asking the former Municipal Affairs Tony Clement to return his $7,000 in predatorily defamation liabilities when the 1997 down loading began!

http://www.thestar.com/article/297377

My Civil Disobedience Campaign continues.

I`m asking ALL Canadian dog owners to show their support for Ontario Dog Owners.

Please tell your respective Municipalities that you will not purchase a license for your dog until the Ontario Gov`t issues "SS" or "NSS" tags for every dog in Ontario.

We`re only trying to find out if our dogs need to comply with their asinine law.

Stand beside us in solidarity.

We`ll do the same for you when province wide BSL comes to your province and they start adding more breeds....
Chow,Shar pei,Rottweiler,German Shepherd,Corgi,....and "substantially similar" dogs.
The list is never ending.
Just check with other Countries!

ONTARIO NEEDS YOU!

We`re trying to answer the question

[quote]When is a pitbull not a pitbull?[/quote]

http://jmac53.bravejournal.com/entry/26504

Since 'pit bull terrier' has been struck down as unconstitutionally vague, and since Section 19, the infamous breed 'identification' clause has been struck in its entirety, I wish people luck in trying to even interpret, let alone enforce, this law.

There have been a few rulings over this in Ontario (R. v. Kirby is a good example) and cases are taking place across Ontario.

The fact is, even before this dog's breakfast was altered by the Superior Court, it was impossible to interpret and difficult to enforce.

Now, it's been neutered and should be tossed out. It's a loser, likely because it's based on inaccurate information and was hyped in order to play to the gallery.

The standard practice across the province, they are even putting it in writing and being quoted by media is this:

"Hand over the dog so we can kill him and we won't charge you"

What? That fits the law society's definition of extortion to a tee.

So tell me, which do you think is more dangerous?

1. Dragons - er - Unicorns - er 'pit bulls'?

2. Governments that legislate inequality before the law and other breaches of our Charter Rights and resort to extortion in order to prop up a law that is based on faulty evidence and outright lies?

It's Door Number Two for me - every time. I'll take my chances with 'pit bulls'.

PS I am unable to find this death sentence in the law. I see three options which lead from DOLA (if a poundkeeper has a 'pit bull' other than restricted, which means prohibited) to the Animals for Research Act, Section 20 subsection 7:

1. Kill the dog.
2. Send the dog out of province to where he's legal and can get a good home (no formal rescues mentioned)
3. Send the dog to a research facility.

What's the doggone problem here?

Is Hurricane Hazel saying that "Ve are only vollowing ohrderz" or what?


Susan:

I am positive that no one at the AC wants to put this puppy down. Here is a solution: Let's have Hazel, Delaney, McGuinty and Bryant do the honours.
I suggest "Family Day" as an appropriate date for the slaughter!

Hey there, Mac`s Gang. Thanks so much for writing back. (Right now I have to prepare for a council meeting)

Thanks for all those links you provided. I will follow them as part of my homework when time permits.

You wrote:

Ask them (Mayor and Council) why they can`t respond to this simple question by a taxpayer.

"Do you support or oppose BSL and Bill 132?"

Ask them when they`re going to pull their heads out of their......?"

I don't have to, Mac's Gang. You see I've been observing Mississauga Mayor and Council since June 14, 2006 and have seen them dodge all manner of simple questions. Simple, yes/no questions. I've even entered a simple yes/no question into their website for their fabled Mississauga Matters Candidates' Debate.

My simple question, "Will you allow the Ontario Ombudsman into the MUSH sector?" want selected by Mississauga City staff --fabled for their censorship of public input.

Mac's Gang, you wrote:

"I wonder how many officers it would take to tackle a defiant 80 yr old?
Maybe Hazel could help them take her down.
After all "it`s the law""

Please don't call these McCallion Minions "officers". The term "officer" implies government service --like police officer. The term "officer" also implies standards such as qualifications and conduct. Above all, the term "officer" implies an oversight mechanism in place. Freedom of Information confirms that there isn't.

Mac's Gang you wrote:

"Politicians "ban" people all the time by ignoring emails, blocking email addresses, refusing to answer registered letters, refusing to allow experts to testify at committee hearings, refusing to listen to experts at committee hearings.

It`s nothing new."

Mac's Gang, I've seen Mississauga Council pass (despite my pleading) their Video Surveillance Policy, their Violence and Vandalism (Banning) Policy and a Records Destruction Bylaw that erases any evidence of you and your emails. Oh AND their "Investigator" policy...

But what you wrote above, "ignoring" "blocking" "ducking", isn't the kind of "bans" that I'm referring to.

Let me try again.

BANS... LIKE City Staff phone you, tell you, write you --and say:

"YOU ARE BANNED FROM..."

"You are banned FROM MAYOR AND COUNCIL"

"You are banned FROM CITY HALL."

"You are banned THIS FACILITY."

"You are banned FROM ALL FACILITIES."

The kind of BAN, Mac's Gang, that if you broke it, you'd get a BIGGER BAN or even ARRESTED for Trespass. THAT kind of BAN.

Believe it or not but I received a complaint (and actually met this man at a Tim Hortons) who told me he got banned from a community center OVER THE PHONE --and for INDEFINITELY. He's never returned! I'm following up on this one through Freedom of Information since I bet there's no record/"LOG" of it.

THAT KIND OF BAN.

Last you wrote:

And Mayor Hazel and troops,
My money would be on Squibs!

My money'd be on Mayor Hazel and "troops". "troops" --now THAT'S a better term than "officers"! "troops"! Because I've actually got email where they refer to themselves as a "security force".

"troops"... Now you got it, Mac's Gang.

But think Blackwater though, not conventional military. (Military have to follow inefficient rules like the Geneva Convention)

WAIT! I SEE A NEW JOHN STEWART ARTICLE on Rambo! This part:

"The 20-year-old owner of Rambo, the alleged pitbull, was never given the option of having the dog turned over to the Toronto Humane Society to be shipped to a rescue organization outside the province, says an angry City of Mississauga councillor.

"They didn't explain to her that the Toronto Humane Society had offered to take the dog out of the province," said Ward 6 Councillor Carolyn Parrish after she met with City staff about the issue Tuesday."

Staff "didn't explain"... Staff "DIDN'T EXPLAIN"!

QUEL FREAKIN' SURPRISE!

(CONGRATS ON YOUR EFFICIENCY" EVIL EMPIRE!)

That's what I meant by this isn't about treatment of a dog, Mac's Gang. It's how HUMANS are treated by The Corporation of the City of Mississauga.

And this Corporation saw fit never to have a public complaints process in place either. And Mac's Gang, if you did a Freedom of Information on record of public complaints (like perhaps to analyze trends or areas of public concern?) You couldn't find them.

There IS no record of complaints. "no responsive records".

There's every evidence that even Mississauga's record of BANS, are under-reported. People just disappear down this BIG BLACK MUNICIPAL HOLE.

I got video of Hazel McCallion crowing about how she and her troops "lead Canada in management". Up to this very moment I thought that referred to management-management. Only now do I realize she meant MANAGE PEOPLE.

How's the most efficient way to manage people?...

Ask Don Barber.

Good luck with your futile effort to battle evil empires, Mac's Gang.

Signed,
The (also-futile) Mississauga Muse

P.S. The worst part of all this is I'm convinced this Mississauga "treatment" isn't unique among Ontario municipalities.

Carol:

Me again on Rambo love the above letter."When a Pit Bull in not a Bit Bull". Wasn't "Blue" owned by our beloved Don Cherry a Staffordshire bull. All I know is I never got a vote on the pit bull ban. Leave the dogs alone.

Jumping from the top rope, the Sarbanes Oxley Act (Sox Act) was supposed to have been tag team partners with Bill C-46 "The Conrad Black Pile-Driver" before Mulroney decided to take his bells and go home with out producing the withdrawal dates on his tax revenue slips.

If Mrs. McCallion is agreeing these sections of the criminal code specifically require CEO/CAO’s of corporate chairs to step down , her councilor on housing Cliff Gyles was definitely step on the opposite end the of the illegal pooling spree. Even Mike Harris had an obligation to recall the property tax bill “7 times” (SEVEN TIMES!) The common sense thing to do would be an obligation for McGuinty to pull Rambo aside from cruel and unusual punishment and recall similar pits legislation.

What’s problematic here is the same fake debate being set up with Jim Flaherty is the same fake fraternity window dressing that didn’t work while Mike Harris was using the same programs as Brian Mulroney in down loading with respect to Sandra Pupatello’s revelations to Fraud since October 24 2001 .

Technically Carolyn or Carmen should be acting Mayors while Hazel sits this out if it’s done by letter of the book?

[quote]or if he was caught in another municipality that looks to ship dogs out-of-province first before considering putting them down,[/quote]

or perhaps if he lived in a Municipality that ignores this asinine law and had an owner willing to die (with him) if that had become necessary.

Ask someone why this Ontario
"Pit Bull"(whatever the ^%$#&^ that is)
wasn`t seized and killed!

http://jmacd.bravehost.com/

Feel free to post his picture.

For the Ontario Fiberals,the people that think they know what a "Pit" is(and hate them) and for the Hazel McCallion`s out there,it`s the one with the real big grin!

The other 2 were his best friends "Rory"(Pure Breed Westie) and "Up Yours Dalton",a "Pit Bull"?/Lab/Terrier/mix

[quote]no-doubt-about-it pitbull from Ward 6.[/quote]

and that`s a good analogy!


[quote]But wait a second. There's another pitbull in the ring in the person of the elder stateswoman of octogenarian attack politics, Mayor Hazel McCallion.[/quote]

Not so good analogy.
Insulting to these wonderful dogs.
Hazel is acting like an Ontario Fiberal, not a "Pit Bull"!

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