Dog Defence fund set up
A fund has been set up to help pay the legal fees of the Brampton families trying to free their dogs from the city pound.
Brittany and Rambo have been held by the City of Brampton since being seized from their homes Jan. 13. Brittany is owned by Rui Branco’s family and he hired a lawyer last month who will take the case to court. Branco is trying to prove to the city that the dogs are boxer/American bulldog mixes. The city has labelled them “pitbulls”, which were banned by provincial legislation four years ago.
Donations can be made at www.saveontariodogs.com, or at any branch of the TD Bank, transit number 02622, account number 78766538796.
Meanwhile, supporters who have been trying to draw city politicians into the controversy have now reached out to Mississauga city councillors for help. They say Brampton councillors can learn something about compassion and doing the right thing from their colleagues to the south.
That’s because two years ago, Mississauga animal control officers impounded a dog that had escaped from its home and was reported running loose. His name was Rambo, too, he was labelled a pitbull and his owner was also denied visits to see him.
But Mississauga councillors intervened, saying it was only right to allow his owner to visit him. They unanimously passed a motion directing city staff to allow her to visit.
Now, supporters of Brittany and Rambo are trying to let Brampton councillors know that, despite a city staff warning that they can’t interfere in a legal matter, they can do something— allow the dogs’ families to visit.
“City-owned pounds should be showing people how to treat dogs by example,” Mississauga Councillor Carolyn Parrish said at the time of the Mississauga issue. “It’s not going to be thousands of people. We only have one incarcerated dog right now.”
Visits were prohibited at the Mississauga pound, but councillors changed that policy so exceptions could be made.
Mississauga Councillor George Carlson called allowing the visit “a measure of our humanity”.
Date: Time: Location:
We are rallying to oppose breed specific language in DOLA and to protest the persecution of responsible dog owners because their dogs are impacted by BSL. Join us to peacefully call attention to the plight of Brittany, Rambo, Calleigh and hundreds of other good dogs whose lives are threatened by Breed Specific Language. The owners of these good dogs have done no wrong, the dogs have had no complaints registered against them. They are victims of the political gamesmanship of Premier McGuinty, who thought to gain support by playing to the media and the hype surrounding this issue, instead of acting with wisdom, leadership and justice. IF WE GET CHASED AWAY FROM CITY HALL, WE WILL MEET UP AT THE CORNER OF BATH RD. AND SIR JOHN A. MACDONALD BLVD.
IMPORTANT INFORMATION ABOUT THE RALLY ON SATURDAY. This link shows the location of City Hall. We will assemble across the street, in Centennial Park on the waterfront. http://tinyurl.com/KingstonCityHall. From this downtown map I can tell you that there is a parking lot at the corner of Brock and Ontario, another indoor multilevel lot about two blocks up Brock just between Wellington and Bagot. There is another multilevel indoor lot on Brock, just above Montreal Street, two blocks from the second one I mentioned. There is no free parking in the downtown core. Parking is $1/ hour.
However, for those coming in on Sir John A Macdonald from the 401, the Kingston Centre has a large lot on the corner of Sir John A. and Bath, and there are buses that will take you downtown from there. The 1, the 4, and the 12 will take you within a couple of blocks of city hall via Johnson or Brock. Bus fare is exact change and is $2.25 for Adult fare, $2.00 for others.
Result FAILURE!
You may be a sociopath and must seek help. You are pig headed and refuse to admit when you are wrong. You have a strong affinity to harm innocent animals and may be a danger to yourself and other innocent creatures. You should do the world a favor and remove yourself from humanity at once.
I dunno... I ain't no stinkin' expert.. cause there ain't any such thing as a breed expert in the business of cross bred dogs either... but these don't look like no stinkin' "pitbulls" to me???*&@$#MAG Counsel Robert Charney at Remedy Arguments June 28, 2007, Superior Court of Justice:
"...This law was enacted to prevent 'pit bull' bites - not dog bites in general'.
"...There is no such thing as a 'pit bull', Your Honour."
City hires pitbull lawyer
The City of Brampton has hired a Toronto lawyer to help defend the seizure of two dogs last month.
Barnet Kussner of the firm Weirfoulds is on the case for the city, and that has one of the canines’ owners feeling like the underdog.
“Personally, I feel like it’s David versus Goliath,” said Rui Branco, whose family owns Brittany, one of two dogs held by the city since Jan. 13. Weirfoulds specializes in advisory work for municipal and other governments in all areas including contracts, land use planning and development.
Branco said with no other option to try to get the dogs home, he will take the city to court, but no one will win because he has to pay his own legal bills, and, as a resident of Brampton, his tax money will also be used to pay for the city’s lawyer.
“The taxpayers lose. I lose, being a taxpayer and also paying for my attorney. Most of all, the poor dogs lose because they are in captivity throughout the proceedings, which I understand can take months.”
Branco and Maria Gaspar, whose family owns Rambo, insist the dogs are boxer/American bulldog crosses, but the city has labelled them pitbulls and taken them from their separate homes. The families have not been allowed to visit them at the animal shelter.
Branco is concerned about the dogs’ health and well-being because they are being kept away from their families and kept in cages.
“I don’t care how much walking or attention the shelter or city says those dogs are getting, they have to be locked up because of liability issues and manpower issues at least 22 hours a day,” Branco said.
The families say a city Animal Control Officer seized the dogs without a warrant, adding they were intimidated into turning over the dogs when police arrived on Branco’s doorstep.
Attorney General spokesperson Brendan Crawley pointed to the Dog Owner’s Liability Act (DOLA) on the issue of seizure. The DOLA indicates a warrant is needed to seize a dog from a home. Seizure without a warrant is possible only if “... it would be impracticable to obtain a warrant because of exigent circumstances...exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house, is necessary to prevent imminent bodily harm or death to any person or domestic animal.”
Dogs can also be seized in a public place under DOLA: www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90d16_e.htm.
“We want to let the citizens of Brampton know what their tax dollars are going to— to support a system that is not in the best interest of animals,” said Ciaron Lewis, Peel resident and animal rights advocate who organized the weekend protest.
Dog protesters rally
From the Brampton Guardian February 20, 2010
Close to 200 protesters rallied outside Brampton City Hall Saturday afternoon to support the release of Brittany and Rambo, two dogs— alleged by the city to be pitbulls— who were seized from their homes Jan. 13.
Supporters say the city’s actions, and bylaws, are largely flawed and together with the dogs’ owners challenge the city’s lineage assessment of Brittany and Rambo. Rui Branco, owner of Brittany, is prepared to fight the city in court to prove the two dogs (who are brother and sister) are boxer/American bulldog crosses.
The protest was planned to keep the pressure on the city and to drum up support from local politicians.
“The mayor, city councillors...are stating legally they can’t interfere because it’s before the courts, but a court date hasn’t yet been set,” explained Branco, who is leading the fight against the city. “I’m hoping what will happen today is that cooler heads will prevail.”
Branco said if the matter does go to court, he’s optimistic about the outcome; he’s confident he’ll “overwhelm” the city with documentation and expert opinions proving the dogs are not pitbulls.
Protesters, however, fear the city will continue to tear dogs away from their families until municipal legislation changes. Brampton’s bylaw currently defines a pitbull as a pitbull terrier, Staffordshire bull terrier, American Staffordshire bull terrier, American pitbull terrier, or “a dog that has an appearance and physical characteristics that are substantially similar to those dogs.”
The city’s initial plan was to euthanize the dogs— but Branco stepped in with a lawyer to fight for the return of both families’ dogs.
Picketers carried signs reading “Stop the mass murder of mutts” and “When we kill any innocent being we lose our humanity.” One advocate carried a megaphone and played the recorded message “City of Brampton hear our cries, why do good dogs have to die?”.
“We want to let the citizens of Brampton know what their tax dollars are going to— to support a system that is not in the best interest of animals,” said Ciaron Lewis, Peel resident and animal rights advocate who organized the weekend protest.
Sarnia resident Graham Emslie made the trek to Brampton to show his support. As a pitbull owner, he can sympathize. “We want to try to get those two dogs back to their homes, and then get an amendment to the bylaw,” he said.
John Perlanski of Brampton feels the city’s actions are “excessive”, and the drastic measures applied to Brittany and Rambo will only perpetuate and escalate public fear about pitbulls.
The two dogs have been in the care of a municipal animal shelter, where city spokesperson Gordon Smith said the canines are in good care. The families, as well as their pets’ veterinarians, have been refused visitation.
The protest ran from roughly noon to 3 p.m.
Feb 12/10
City had no choice but to seize dogs: commissioner
On behalf of the City of Brampton, I am writing to clarify the circumstances surrounding two dogs, Brittany and Rambo, currently being looked after by the City’s Animal Shelter. I would also like to correct some of the misinformation about why these family pets have come under our care.
The Province of Ontario’s Dog Owners’ Liability Act, 2005 has been hotly debated since it was first introduced. Under the legislation, identified pit bulls born prior to November 29th, 2005 are considered “legal” pit bulls in Ontario. The law also says that these dogs must be spayed, neutered, microchipped, registered and licensed annually by the City. Pit bulls born after November 29, 2005 are considered “illegal” under the provincial law.
Rambo and Brittany, the two dogs currently at the Animal Shelter were both born after November 2005 and are, therefore, considered illegal pit bulls under the provincial law. As a result, both dogs were taken into care by the city on Jan. 13. Once in the care and custody of our Animal Services, the legislation is very clear about what can and cannot be done with the dogs. Both the owners and the City are now faced with limited options about how to proceed. At the heart of this issue is whether the dogs are pit bulls.
Many of you will have read that the families have called for the return of their dogs, as they contend that Rambo and Brittany are not pit bulls. Even though the provincial legislation does not provide an appeal route for resolving this issue, the City approached the families’ lawyer last week to see if a mediated settlement was possible.
Unfortunately, the City could not reach an agreement with the families’ lawyer on the details of how this mediated process would work. The City’s offer remains open to the owners but, regretfully, the City anticipates that the family may seek an application before the Ontario Superior Court to argue that their dogs are not pit bulls and should be returned.
Readers should know that in instances where legal action is pending, as in the case with Rambo and Brittany, city staff and elected officials are unable to comment.
As we move forward, I want to assure everyone that Rambo and Brittany will continue to receive the highest level of care at our Animal Shelter. The dogs have been, and will continue to be, examined by an independent veterinarian to ensure their health and well being.
Throughout this process, we have understood that this is a sensitive issue involving family pets. It is our hope that the information in this letter has helped to set the record straight. We know that Brampton residents care deeply for their family pets, and that issues like this must be thoughtfully and cautiously considered.
We stand behind our Animal Services staff – they provide an important and compassionate service in our city.
Our team takes enormous pride in how we approach and interact with every family and their pet. This case has been no exception.
Jamie Lowery
Commissioner, Community Services
The City of Ottawa says it will act when a dog of any breed presents a threat to public safety, but the city is not trying to crack down on pit bull-type dogs because it doesn't have the resources to do so, and the law pertaining to the dogs is difficult to enforce.
For Brittany and Rambo — a couple of dogs labelled as pit bulls — life is, well, the pits.
So say the owners of the dogs, which remain in the custody of Brampton Animal Services, having been seized Jan. 13 on the assumption they’re pit bulls.
Rui Branco, whose brother, Joseph, owns Brittany, says the family vet was denied access by the city to visit the caged animals Tuesday, a day after the city gave permission.
He said it’s a stressful situation for the families because they don’t know what conditions the dogs are living in.
“Monday afternoon, we negotiated with the city that he could come and then at 12:38 p.m. on Tuesday afternoon, they send my lawyer a letter telling us the vet can’t come and the city will provide us with a report on the welfare of the animals,” Branco, 42, said. “They didn’t give us a reason.”
Dogs, cats, pets and other animals have never been more a part of our lives than they are today. Even though nearly 45 million American homes have at least one canine or feline family member, dogs are being forced out of their homes by various dog ban legislation, dog taxing licensing, and dog law tyranny thru the mandatory requirements for home owner’s insurance outrageous premiums as a result of legislation dog insurance mandates.Read the rest...
These mandated dog insurance policies are being pushed by various animal rights activist groups, and law making people who ‘buy into’ the local media ‘hype’ when a dog bite incident occurs on private property or in the community.
The erosion of our freedom to own dogs, cats, pets and animals, rings true of the current political climate in the USA Today. We the People who own dogs, cats, pets and animals are especially struck by the public’s statements concerning agreement or apathy towards all the various government licensing to include that of our dogs, cats, pets and animals.
Tom Skeldon reacts to relaxing regulations about pitbulls
TOLEDO, OH (WTOL) - Former Lucas County Dog Warden Tom Skeldon is officially off the county's payroll and for the first time is opening up about pitbulls, The Toledo Blade, and his opinion about the safety of Toledo.
His reaction to how his job ended is one word, "Disappointed."
He says The Toledo Blade's reporting wasn't the most disappointing aspect even though he characterized its coverage as, "Absolutely biased and not true."
But when the criticism did come, he says, "There wasn't one elected official in town who stood up in the media and said one thing good about us."
He hopes Toledo's vicious dog law stays intact because a recent court ruling relaxes regulations about how many pitbulls someone can own with no muzzling required.
"If that's not overturned, that instead of having a letter carrier bitten, or a child bitten, you'll have three or four pitbulls fighting over a child," Skeldon said.
To this day Skeldon feels pitbulls are inherently dangerous.
"A pitbull is going to latch on to somebody and that tail is just wagging and they're just having a good old time."
He feels pitbull puppies brought into the pound should not go out of the pound. "They shouldn't have come into the pound. They were being bred illegally in the city of Toledo."
He was the dog warden for more than 22 years. Before that in the Peace Corp and military.
"If you look at the career I've been obviously blessed. In the past year-and-a-half, they were knocking the snot out of me and it was uncalled for."
There's much more of this interview, including how the letter carriers gave him an award for "Making the Streets Safer" and his feelings about Ben Konop, who was critical of him at the end.
Click on the Big Red Box to see more or click on the link to YouTube below.
Ben Konop responds:
"If anything, I regret not acting sooner in reforming the Lucas County Dog Warden. Tom Skeldon directly supervised the killing of nearly 200 adoptable puppies since 2006. That, amongst other malfeasance, was unacceptable. Just because Mr. Skeldon was employed by the taxpayers for many years, or was first cousins with the President of the County Commissioners, does not mean that he should be held to a lower standard. Change was sorely needed, and I'm optimistic that the revamped dog warden department will be a source of pride for all Lucas County residents."
The Toledo Blade responds:
Reaction to Tom Skeldon's recent comments:
-Information about the Dog Warden's office was obtained through public records.
-Those reports lead to more information and readers lead staff members to additional information.
-The Blade dug up facts and reported what was there.
Source: Luann Sharp, The Toledo Blade Copyright 2010 WTOL. All rights reserved.
Facebook users have organized a peaceful protest at the City of Brampton’s Animal Shelter this Saturday morning in support of two dogs seized from their homes last month.
The protest will start at 9 a.m. and run until 11 a.m. at 475 Chrysler Dr.
“This is considered to be a peaceful protest to show the City of Brampton and Animal Control Services that the pet owners of Brampton and Ontario will not stand idly by while our civil rights are abused and our pets put in harms way by the system established to protect them,” organizers have said on a post to the site calling for the dogs, Rambo and Brittany, to be freed.
“May the protest be out of love for the dogs and support of the families involved, not out of anger for the system,” the organizers state.
Meanwhile, Rambo and Brittany, the two dogs seized from separate Brampton homes Jan. 13, are still being held by the City of Brampton, although the Feb. 5 deadline has been extended.
Rui Branco, whose family owns Rambo, said his lawyer will file court papers this week in his efforts to get the dogs back.
“I’m not a guy who wants his 15 minutes of fame,” Branco said Wednesday. “I just want my dog back.”
Branco maintains the dogs’ father is half boxer, half American bulldog, their mother is a purebred boxer, which makes Brittany and Rambo 75 per cent boxer and 25 per cent American bulldog.
City spokesperson Mariam Mesbah said the dogs, according to “documentary and veterinary evidence”, are illegal pitbulls.
“The City of Brampton is bound by provincial legislation to identify and take action where the health and safety of the community may be impacted by dogs deemed dangerous under the provincial law,” she said.
Rambo and Brittany are not accused of displaying any aggressive behaviour, have not bitten anyone, or ever run loose, both the city and the owners agree. There were no complaints about the dogs or their behaviour.
But a mistake by the city in 2008 that classified their father, Tyson, as a pitbull, is the documentary evidence the city is using as proof that they are pitbulls, according to Branco.
The family has documentation disputing that, but, others who have had their dogs seized by the city under the same law say no matter what kind of documentation is produced, no matter how many veterinarians say a dog isn’t a pitbull, it will not be accepted by the city.
“I’ve gone to bat a few times (for dog owners),” said local vet Dr. Tim Zaharchuk. “They send a form around with the owner, asking you to attest to the fact the dog isn’t a pitbull, but then when you do, they say they don’t believe you.”
He said it wastes time and gives the owners false hope, when, in the end, the city does not accept any professional opinion presented by the dog owners.
For what it’s worth, Zaharchuk said he has seen a picture of Brittany, and his professional opinion is she is a boxer mix.
A veterinarian for 29 years, Zaharchuk was president of the Ontario Veterinarians’ Medical Association when the province banned “pitbulls”, and the group fought it “tooth and nail”.
He is very critical of the law, but aside from his general feelings about it, Zaharchuk said it’s “very upsetting” the way the City of Brampton enforces it.
He said the city appears to be on a “witch hunt”, seeking out any dogs that even look like pitbulls.
He said he has warned some of his clients, whose boxers or bulldogs have “characteristics” resembling a pitbull, to muzzle their dogs when they are out walking to avoid being stopped and questioned by Brampton Animal Control officers.
Mesbah said it is the animal control officers’ job to ensure dog owners are complying with the law, but disputed the characterization that city officials are on a witch hunt.
“It’s not that they are out there on the hunt for these dogs, certainly not,” Mesbah said, stressing the city workers love animals and they don’t want to see animals hurt.
“We certainly do feel for the families,” Mesbah said, adding the city will work with dog owners to find a home for their seized dogs outside of the province.
Close to 5,000 signatures are on a petition calling for the release of Rambo and Brittany at www.thepetitionsite.com/petition/735981954
Boxer mixes caught up in pit bull controversy
Thanks for the great article Timothy Appleby at the Globe and Mail.Timothy ApplebyToronto — From Wednesday's Globe and Mail Published on Wednesday, Feb. 03, 2010 12:37AM EST Last updated on Wednesday, Feb. 03, 2010 3:47AM ESTOne veterinarian's boxer is another vet's pit bull.
As a result, Rambo and his sister Brittany are languishing behind bars at the City of Brampton's animal shelter, possibly headed for the death chamber.
Their aggrieved owners, meanwhile, complain that whatever the city may say, neither beast is a pit bull at all.
Pit bulls are a type of dog rather than a breed and have garnered numerous headlines and a couple of high-profile court hearings since an amendment to Ontario's Dog Owners' Liability Act took effect four years ago.
Under the new rules, pit bull terriers, Staffordshire bull terriers, American Staffordshire bull terriers and American pit bull terriers are outlawed; those already here were allowed to remain, providing they be muzzled and leashed.
Straightforward enough. However, the legislation also contains a clause banning any dog “that has the appearance and physical characteristics substantially similar to” those specified.
For Rambo and Brittany, born in separate litters to the same parents, that inclusiveness has spelled bad news and their future looks bleak: If homes are not found for them outside Ontario they may be euthanized, though no execution date has been set.
Rambo belongs to 75-year-old Maria Gaspar. Brittany's home is across town with the Branco family.
Both were seized Jan. 13 by city animal control officials who said they believed the dogs were pit bulls.
Not so, says Rui Branco, who will host a press conference outside his Reeve Road home Wednesday morning in efforts to highlight the plight of the two siblings, neither of which is known to have attacked or threatened anyone.
Rather, their perceived sin rests with their lineage.
The dogs' mother was Jersey, a purebred boxer. No problem there.
But their dad was Tyson, born shortly after the pit bull law took effect in late November, 2005, and a survivor of the ban, apparently through an oversight. He was, nonetheless, classified as a pit bull, although Tyson's family vet disagrees, calling him “a healthy and well-socialized pet … a cross between an American bulldog and a boxer.”
Either way, Tyson's label as a pit bull means his offspring are deemed pit bulls, too.
“Animal Services has documentary and veterinary evidence that (Rambo and Brittany) are pit bulls,” city spokeswoman Mariam Mesbah said.
“The bottom line is that if the mother or the father is a pit bull and documented as such, any of their brood would be considered pit bulls. We are required by law to follow the legislation.”
Lawyer Megan Burkett, acting for the Brancos, is preparing a court motion to get both dogs back on grounds they were improperly seized, and says the law casts too wide a net.
“Tyson is an American bulldog and a boxer and if they wanted boxer to be in the legislation, it should have said boxer,” she said.
“That's what's causing the problem. Our position is that he looks like a boxer. A lot of breeds are being caught up in this that shouldn't be.”
Rambo's troubles began when he was spotted atop his doghouse in his fenced yard, and his detention left his elderly owner, Ms. Gaspar, distraught.
For the previous two years the city had licensed him as a boxer/American bulldog cross, she told a local newspaper, and his vaccination certificate states that.
Brittany was picked up later the same day. And her vet, Dr. David Kirkham, voices the same complaint of mistaken identity. “I don't understand why (city officials) are fighting me so hard on this,” he said.
“Brittany doesn't look anything like a pit bull.”
Last June, the SupremeCourt of Canada declined to consider whether the four-year-old law is unconstitutional.
There has been a groundswell of support for two Brampton families whose dogs were seized by the city and labelled as illegal pitbulls.
A Facebook page calling for Rambo and Brittany to be released was started by those opposed to Ontario’s pitbull ban soon after The Guardian broke the news of the dogs’ plight Friday. The page has attracted close to 2,000 members, and an online petition is closing in on 3,000 signatures.
Bloggers are weighing in on the controversy, too, along with residents across Ontario and as far away as Texas. The vast majority are critical of the city’s handling of the situation, as well as the pitbull ban, which they say leads to the ‘misidentification’ of many dogs. Some are focusing their anger at animal control officers, saying they did not have to seize the dogs, while others are urging them not to blame the city employees, saying they had no choice.
Meanwhile, the Feb. 5 deadline for the Brampton dogs to be euthanized has been extended as the lawyer representing owners Rui Branco and his family prepares to take the fight to court to get the pets returned.
Both were seized from separate homes Jan. 13. The city’s veterinarian has declared they are pitbulls under the city’s bylaw, while the families say they are not, and have produced some documents identifying them as boxer/American bulldog mixes.
The two dogs are brother and sister, and for the past two years, Rambo has been licensed by the city as a boxer/American bulldog cross.
But when a passing animal control officer spotted Rambo sitting on top of his doghouse in 75-year-old Maria Gaspar’s backyard in December, the senior citizen was questioned about his breeding.
The Gaspars and Brancos have been told there were no complaints about their dogs, and no accusations of aggressive behaviour, running loose or biting. Similar to what happened to Rambo, an animal control officer who went to collect a licence fee from the Branco home spotted Brittany and started asking questions about her lineage.
Both dogs were seized, and have been held at the city’s animal shelter ever since.
