Posted at 7:00 p.m.
Even if an owner does everything to keep his dog, the City can euthanize it if it deems it dangerous, without having to provide an analysis of the animal’s behavior. This was upheld by a recent judgment of the Superior Court, which ordered the euthanasia of a pit bull, not without recalling the many debates that took place in the metropolis on the subject.
“A dog can be declared potentially dangerous as soon as there is a bite with injury to a person or an animal without the need for a behavioral expertise”, ruled judge Pierre Nollet, ordering the euthanasia of the dog. pit bull a few weeks ago. The law provides that a City “must order” euthanasia in the event of death or serious injury.
You have to go back to October 2020 to fully understand this story. At the time, Montrealer Danielle Bastien was walking her two dogs: Mira, a pit bull dog, and Rover, an American dingo. At one point, the two suddenly and “for no apparent reason” attacked Watson, a smaller dog who was also on a walk with his owner.
The court papers read that Watson suffered “bites to the back and head”, and that his owner also “sustained superficial injuries to his hands while attempting to protect Watson”. The attacked dog was hospitalized for two days.
A complaint to the SPVM
In the following days, a complaint was filed with the Service de police de la Ville de Montréal (SPVM), leading the City to declare Mira “dangerous for public safety” shortly after, and to order her euthanasia. Rover, meanwhile, was deemed “potentially dangerous” and subject to restrictions.
Mme Bastien then challenged the City’s decision before the Superior Court, arguing that the municipality “didn’t[avait] disregarded the evidence” and that the expert in animal behavior consulted “does not [suggérait pas] euthanasia”. Two counter-expertise produced by the Montrealer did not recommend it either, judging the level of danger of the animal lower.
The City then replied that “it [n’était] not required that she obtain a recommendation for euthanasia from a veterinarian” and that “Mira’s level of dangerousness [justifiait] decision to euthanize him.
In his analysis, the judge ruled that the City of Montreal “did not err in its assessment or finding of the facts”, among other things because of Mira’s background. In 2016, she had indeed already bitten another dog, named Sherlock, who had entered her yard. Sherlock belonged to the same owner as Watson, and had also suffered serious injuries. In the past, Mira had also attacked on two occasions another of the dogs belonging to Danielle Bastien, as well as one of her cats. In total, the owner says she witnessed five assaults from her pit bull.
In 2018-2019, 24 dogs were euthanized by order of the City. However, this figure has fallen sharply since, with 9 in 2020, 6 in 2021 and only one so far in 2022. A spokesperson for the City, Camille Bégin, explains that “different elements” can lead to an evacuation, including bites, attacks on other animals or aggressive behavior of a dog in the vicinity. Montreal says it is focusing on “raising awareness” first, by offering dog training workshops.
A long-standing debate
The debates on the prohibition (or not) of pit bulls do not date from yesterday in Montreal. In 2017, Denis Coderre had campaigned on the banning of this breed of dogs, in the wake of the death of Christiane Vadnais, who had been killed by a pit bull dog a year before, in 2016. He however admitted the last fall, while trying to get re-elected, that it was a “mistake”.
As soon as she came to power in 2017, Mayor Valérie Plante overturned this decision, her party affirming that “we must not legislate on races”.
In the provincial government, the Liberals of Philippe Couillard had promised to “ban pit bull-type dogs”, before changing their minds. In 2019, the Legault government presented its draft regulations on dangerous dogs, imposing certain guidelines such as the wearing of a harness for dogs weighing 20 kg or more in public. Without targeting breeds, the regulation imposes the compulsory registration of each animal, and fines of up to $20,000 for defaulters.
With Louis-Samuel Perron, The Press