The Case For Breed Specific Legislation In Montreal

In 2016 on the Toronto beaches, a woman and her pit bull/mastiff cross dog were attacked by a pit bull urged on by a man who wanted to see the two dogs fight. Technically both dogs should have been muzzled under the Dog Owners Liability Act in Ontario. The aggressor took off with his dog leaving the woman to deal with her injuries. (Photo Global News) http://globalnews.ca/news/2796014/toronto-dog-owner-randomly-attacked-by-pit-bull-at-woodbine-beach/

Written by:  Heather Clemenceau

In the last two years,  nearly 20 people and animals were injured or killed by pit bull type dogs in the province of Quebec.  Pit bull type dogs have inflicted a disproportionate number of serious bites and maulings to people, pets and livestock.  Multiple sources – independent, retrospective and/or longitudinal studies available on National Institute of Health databases, opinions of reconstructive surgeons, epidemiologists, oral and maxillofacial surgeons, insurance companies, and trauma units all arrive at the same conclusions.

The debates occurring as a result of the BSL legislation passed in Montreal and Quebec might lead the casual observer to conclude that the ban (but apparently not the maulings) is the greatest social problem in the entirety of the province.  In reality, the requirements of the ban are not unreasonable; the Montreal and Quebec legislation still guarantees rights of current pit bull owners provided they adhere to the licensing, muzzling, neuter/spay, and leash regulations. Opponents to Montreal’s BSL regs usually cite the “Calgary Model” as the ideal success story of responsible dog ownership – a model they believe that Montreal councilors should have implemented instead.  Calgary may not have banned pit bulls outright, but the program is not a sweeping success. Even with a potential $10,000 fine, serious dog bites continued to increase in the city.

Rafah Bakour of Calgary in a family photo. She was attacked by a pit bull while walking. The attack is categorized as a Level 5, just below the most severe type — Level 6 — which results in death. Even if the dog owner receives a maximum fine of $10,000 under the Calgary system, that money will not go towards Bakour’s injuries and will not indemnify her.

Before his retirement, Head of Bylaw Services (which includes animal control) Bill Bruce became well known for Calgary’s pet management “success.”  Indeed, there were many positive aspects of the model and pet registration itself was phenomenally successfully relative to registration rates elsewhere.  Bruce however, maintained that in other jurisdictions breed bans did not reduce “the overall number of bites in the community.” If he were actually expecting to reduce bites, Bruce would have to ban all dogs, since all dogs of all sizes and breeds will bite and this fact is not in dispute.  Breed bans cannot stop all bites and are not designed to – the goal is to reduce the most statistically significant bites – maulings and fatalities, while balancing the rights of other people and animal owners for relative safety.

The late Dr. Sophia Yin is referenced in the Calgary SPCA Report in their 6 level bite system. You may also refer to Dr. Ian Dunbar’s Dog Bite Scale.

In 2004, the last full year before BSL was implemented in Ontario, there were 984 licensed pit bulls in the city and 168 reported bites. By comparison, in 2013 there were 501 pit bulls registered in Toronto, and just 13 bites. Yet in Calgary, the numbers show the real failure of the system – dog attacks in Calgary went from 58 in 2009 to 201 in 2014, a disproportionate number of them by pit bulls. Most concerning of all is that the severity of bites has increased – in Calgary in 2014, there were 244 dog bites of a Level 3 severity or higher. This is an increase over 2013, when 198 bites were reported at, or exceeding, Level 3.

Bill Bruce also had a serious conflict of interest while at Bylaw Services – he was an advisor to the National Canine Research Council (NCRC), an American lobby group that is funded by the Animal Farm Foundation, who promote the concept of a pit bull in every home, over and above any other breed of dog. The fact that Bruce was aligned with the NCRC means that pit bulls would very likely receive favourable and preferential treatment over people, other pets, and livestock while he was in charge.

 

Bruce’s successor, Ryan Jeslin, Calgary’s current director of Animal and Bylaw Services had a different view of the animal control model he inherited:

“I’m very concerned about pit bulls and Rottweilers. There’s a history, there’s a reason why places like the city of Toronto have banned them outright,”  After a series of attacks by pit bull type dogs in 2015,  Jeslin went on to say, “The evidence clearly here is about pit bulls. That specific breed has caused real damage over the last five days.”

Except for the focus on pit bull type dogs,  there are actually many commonalities between the Montreal/Quebec legislation and recommendations for safer communities proposed by SPCAs:

Key Points in the Montreal and Quebec  Bylaw/Bill

Montreal: By-Law 16-060

“Pit bull-type dog” is defined as being:

• a dog belonging to the American pit bull terrier, American Staffordshire terrier or Staffordshire bull terrier race [breed];
• a dog born of a crossbreeding between one of the races [breeds] mentioned in paragraph (1) and another dog;
• a dog showing several morphological traits of the races [breeds] and types of crossbreeding listed in paragraphs (1) and (2)

Licenses will be issued for Pit bull-type dogs if the following conditions are met:

No it isn’t “dog racism.” This is a straw man argument. Dogs have historically been bred for different functions desired by man.
Despite the escalation of deaths and maulings, legislators are being bullied by advocacy groups into protecting the “breed” rights as opposed to public safety.
People discriminate against breeds all the time when choosing one type of dog over another.

• the first application is filed before December 31, 2016
• the applicant provides proof that the dog has been sterilized or a written opinion from a veterinary surgeon establishing that the animal cannot be sterilized;
• the applicant provides proof that the dog has been vaccinated against rabies and  proof of follow-ups, as applicable, at the city’s request;
• the applicant provides proof that the dog has a microchip;
• the applicant provides a certificate of negative search of a criminal record or, in the case of a certificate of positive search of a criminal record, a certificate issued by the Service de police de la Ville de Montréal confirming that the applicant has not  been declared guilty, in the five years prior to the date of filing or renewal of the licence application, of an offence under a provision listed in schedule 1 of this by-law;
• the applicant is 18 years of age or older;
• the applicant provides a document indicating that:
  • at the date of coming into force of this by-law, the applicant was the owner of the dog referred to in this application;
  • the applicant is a resident of a city borough where, under the by-laws applicable up until the date of coming into force of this by-law, it was possible to obtain a licence to keep a Pit bull-type dog

When outside, the dog guardians must ensure that the dogs are:

• Muzzled at all times
• Kept on a leash no longer than 1.25m, except in an exercise area or in an area closed off by a fence at least 2 m high
• Under the supervision of a person 18 years of age or older
• Displaying the tag issued by the city with the special licence

Charges for offences range from $300 to $4000.

Quebec Bill 128 – An Act to Promote the Protection of Persons by Establishing a Framework with Regard to Dogs. 

The Bill makes it obligatory for veterinarians to report dog related injuries.Veterinary surgeons are also required to report, to the municipality concerned, any dog that they have reasonable cause to believe constitutes a risk for public health or safety. In cases where a dog has inflicted injury on a person, physicians are required to report the fact to the local municipality concerned without delay, and communicate the seriousness of the injury and, if known, the breed or type of dog that inflicted it. The local municipality may also declare a dog that has bitten or attacked a person or domestic animal and inflicted injury potentially dangerous

Dangerous dogs:

In the case of a dog that has bitten or attacked a person and caused death or serious injury, the local municipality must order the dog’s owner or custodian to have the dog euthanized.

Dogs that are deemed to be potentially dangerous:

(1) pit bulls, including American pit bull terriers, American Staffordshire terriers and Staffordshire bull terriers;

(2) Rottweilers;

(3) a crossbreed of a dog listed in paragraph 1 or 2 and another dog;

(4) hybrid dogs that are a cross between a dog and a canid other than a dog; and

(5) dogs trained to protect, guard, fight or attack

 

For more detail, please read:

 

Montreal BSL

 

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Quebec Bill 128

 

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With a few exceptions, BSL in Montreal satisfies these requirements.  The Quebec Bill 128 also makes it mandatory for veterinarians to report dog bites that are a concern for public safety. Doctors must also report appropriately. And if BSL is too expensive, why are these proposals, many of which require a level of government to administer, considered more cost-effective?

 

The catalyst for the Montreal and Quebec legislation seems to lie with Franklin Junior Frontal’s aptly named dog “Lucifer” – a dog he had owned since puppyhood – a dog who ultimately

Photo and caption from the “Muzzle-Up Project” on Facebook.
“Would you rather kill me than see me like this?
My mum had someone tell her they would rather put a bullet in their dog’s head than put a muzzle on them. That upset my mum a lot. Do I look unhappy? Do I look like I’m lacking anything in life? Wearing a muzzle allows me to experience more of life. It helps me feel more confident, it helps my mum feel less stressed, and allows people to pat and cuddle me without anyone worrying that I might bite them.
Wearing a muzzle doesn’t make a dog a bad dog. It might mean they’ve made a mistake, or they might make a mistake if others don’t listen and push them over their limits. Wearing a muzzle means they have a responsible owner who is committed to preventing accidents and worse case scenarios.
If only people were less ignorant, their dogs could live better lives.”

killed Montreal resident Christiane Vadnais in 2016.  According to his lawyer, Frontal had approached the SPCA in the past  for help in dealing with the dog’s aggression and behavior problems.  Pit bull activists have long questioned whether the dog that killed Vadnais was in fact a pit bull, because it had been registered as a boxer. Despite these claims, a veterinarian confirmed that the dog that attacked and killed the victim was indeed a pit bull and not a boxer.

Public health decisions are not always made on the basis of the number of people negatively impacted.  The population in question can be large as the inhabitants of several continents (as in the case of a pandemic) or as small as a few individuals.   For instance, over 2 million baby cribs were recalled in 2009 after “only” 4 infant deaths.  BSL demands a phase-out of breeding and importation, and the dogs must be on a short leash and muzzled when appearing in public. These are reasonable, logical and ethical measures and not entirely dissimilar from what the Montreal SPCA has proposed as an “alternative” to BSL.

People who care about dogs won’t care that they can’t import or breed more pit bulls.  They can go to the shelter, Petfinder, or many other rescues on Facebook and choose to help a dog that is sitting on death row, which is far more ethical than breeding or importing (and ultimately euthanizing) more prohibited dogs into the province.

Accused of second degree murder, this Hamilton, Ontario resident who is a self-acknowledged former dog fighter, is shown with a pit bull, a banned dog in Ontario. Under Montreal’s BSL by-law, anyone convicted of a criminal offence within the 5 year period preceeding the license application would not be granted a license for a pit bull type dog. http://www.cbc.ca/news/canada/hamilton/news/hamilton-man-facing-murder-charge-held-in-custody-1.3510601
The accused was also quoted about pit bulls in this 2013 article – http://m.thespec.com/news-story/4026540-a-breed-apart-banned-pit-bulls-are-still-around

 

By The Numbers: Study Reviews 13 Years of Ontario Racing Commission “Death Registry” Data

Barbaro is held by jockey Edgar Prado and a track worker after injuring his leg at the start of the 131st running of the Preakness Stakes, in this May 20, 2006 file photo, at Pimlico Race Course in Baltimore. Barbaro was euthanized Monday, Jan. 29, 2007, after complications from his breakdown at the Preakness last May. (AP Photo/Matthew S. Gunby, file)

Written by:  Heather Clemenceau

Beneath the facade, commercial horse racing subjects horses to catastrophic injuries and sudden deaths. Young thoroughbreds, standardbreds, and quarter horses die every week on racetracks from injuries sustained while training and racing. Remember Barbaro? He was euthanized at 3½ years old due to an injury he sustained at the Preakness. Eight Belles was euthanized at 2½ years old due to catastrophic breakdown after a second place win at the Kentucky Derby. And when Rachel Alexandra lost her last race she was shipped off to be a baby making machine. She suffered grave complications at the birth of her first foal.

The majority of racehorses will not survive past the age of 10 and only a small fraction will ever be “good enough” to race.  Approximately 70% +/- of all racehorses are thought to end their lives in a slaughterhouse.

A  new study was just published using 13 years of data from the Ontario Racing Commission Death Registry.  The ORC database was implemented on January 1, 2003; owners, trainers and veterinarians were, from that point forward, required to notify the Commission within two days of the death of any racehorse (Thoroughbred. Quarter horse, or Standardbred) where the death occurred within 60 days of the horse having been entered or qualified to race in Ontario Canada. If the death occurs within 14 days of the horse having been entered or qualified, post-mortems are mandatory and may include gross pathological examination results, histopathology, parisitology, bacteriology, mycoplasmology, virgology, and toxicology.

Of the 963 horses in the database, a postmortem was carried out on 56% of those or approximately 539 horses (presumably those horses who died within 14 days of a race or during a race).  Of these 539 horses:

68% died/were euthanized due to musculoskeletal injury (such as tendon or ligament injuries/broken legs/pelvic fractures/spinal cord injuries etc).  This represents approximately 367 horses.

16% died suddenly due primarily to cardiopulmonary lesions (possibly cardiac failure/pulmonary failure/pulmonary haemorrhage/blood vessel rupture). Approximately 86 horses examined by post-mortem died spontaneously.

4% died following an injection (possibly IV injection/performance-enhancing compound/anaphalactic shock).  Approximately 22 of the 539 horses were killed by an injection.

Of the 963 horses in the ORC database, post-mortems were not completed for about 424 of them, since presumably this was not a requirement by ORC rules.  The cause-of-death is unknown,  but they will not be forgotten.

The fact that these injuries and deaths occur are not surprising – the suffering of these and many other racehorses represents all that is detrimental to their welfare. Studies that break down the injuries and deaths are always useful for showing how healthy horses are pushed beyond their physical capabilities.  Since the profit motive is priority, horses are drugged so they can race while injured and physically compromised. Naturally,  these statistics do not include any horses who died or were euthanized outside of the 60 day window established by the ORC or were sent to slaughter at any point after their racing career ended.  The database reflects the fact that the approximately 74 horses who died each year in Ontario alone were only those that were required to be reported to the ORC according to the regulations noted above.

The racing industry promotes false imagery of race horses retiring to lives of luxury as pets, well-cared-for riding horses, or studs. While some race horses find good homes, the vast majority are slaughtered for meat even though virtually all of them contain veterinary drug residues prohibited by the Canadian Food Inspection Agency.

 

Eight Belles suffered compound fractures of both front ankles at the 2008 Kentucky Derby and was euthanized immediately. At just over 3 years old, she was far too young to be racing.

Hitting Kill Buyers In The Pocketbook

Death came to this horse after agony and fear. How many other horses have been subjected to this new form of “euthanasia” – injected with amphetamines until they are allegedly flipped over backwards? After all his suffering, his bladder was then cut out of his body post-mortem, likely to avoid collection of illicit substances.

Written by:  Heather Clemenceau

Everyone knows that abuse, neglect, and disease are embedded in the trading of horses by unscrupulous buyers and flippers, beginning with the kill buyer and ending with the killing process.   But despite the number of sick or suffering feedlot and broker horses documented on Facebook, few purchasers contact authorities to report abuse, neglect, or contractual fraud.  Some people even choose to protect the kill buyer while praising him (or her) in being so kind as to offer to sell them the horse in the first place.  Quite understandably, many people may reasonably be afraid of further alienating the kill buyers and brokers and being unable to purchase more horses. But in March, two plaintiffs initiated a civil litigation against kill buyer Don Nowlin of Washington-based Outwest Livestock, alleging the torturous September 2016 death of “Brad Pitt”, an approximately 20-year-old thoroughbred stallion they purchased in August of that year.

In the Statement of Claim, the plaintiffs alleged that the conditions at the feedlot were heart-rending – horses “bore significant injuries, such as fist-sized scabby wounds, a pregnant mare bleeding from her vagina, a horse with a broken leg and overgrown hooves…”   Before the plaintiffs could collect Brad Pitt, they were told that he had broken his back leg and was “put down” via a “cocktail” and “hit the ground” within thirty seconds, all evidently without veterinarian oversight.   The plaintiffs had the forethought to insist upon taking the remains of the horse with them after being notified of his death, so he was hauled out of the bushes where he lay decomposing, and loaded into a U-Haul for a necropsy.

Above is a strictly professional, notarized message from Facebook lawyer/kill buyer Don Nowlin from 2016 (previously unnoticed by me). For some reason he objects to my screen-shotting his Facebook page showing that he was following various cock fighting groups. https://heatherclemenceau.wordpress.com/2016/01/04/kill-buyers-faux-rescues-and-cockfighters-oh-my/

The homemade amphetamine concoction (see necropsy and toxicology report) alleged to have been injected into the stallion by layperson Nowlin certainly wasn’t one of the two recommended forms of euthanasia, namely barbiturate overdose with sedation or shotgun.  Amphetamines  stimulate the nervous system – breathing and heart rate speed up and energy levels and anxiety may be increased.  Amphetamines are controlled substances in the US and are sometimes used in the manufacture of other illicit drugs.  These drugs are banned across racetracks internationally because they can excite an animal to a degree to which they are uncontrollable and are very likely to hurt either themselves or anyone near them. They certainly have no business being injected into a horse. It does not appear that the “euthanasia” drugs administered actually killed Brad Pitt outright either, since the cause-of-death was determined to be traumatic injury to the central nervous system due to fractured cervical vertebra.

The most soul-crushing aspects of this case are the injuries to Brad Pitt, which are described in Sean Tuley DVM’s report, and expanded upon by Victoria L. Smith DVM.

Findings by Tuley Equine Sports Medicine:

“Grossly, Brad Pitt, was covered in flies, as well as dried mud, he had multiple excoriations as well as impalements covering his entire body. No evidence of predation by scavengers was evident. A post mortem evisceration was most notable beginning at the left paralumbar fossa, extending ventrally, through the perineum and ending 6 cm short of the anus. The wound was deep to the pelvic floor, created via sharp dissection and showed no evidence of bleeding or bruising. This wound was created post-mortem.

The left hind pelvic limb was completely luxated and was only attached by the gluteal muscles and dorsal skin. On the ventral sagittal abdomen at intercostal 17 an eviscerating lesion of 4 cm was present. A deep puncture wound on the medial left radius of 10 cm was noted. Located on the left lateral antebrachium a sharp excision of 12 cm was noted.

The left elbow joint was completely dislocated. Blunt force trauma, with dried stained blood was present near the lateral canthus of the right eye. The gum tissue was hyperemic and a vesicular lesion on the gum tissue was consistent with aggressive use of a lip chain war bridle. On gross appearance the cervical vertebrae appear to be luxated. Upon sharp dissection, a large hematoma approximately 8 cm in diameter appeared deep to the Splenius mm. and dorsal to the longissimus mm. near the C6-C7 junction. Upon further dissection the Cervical joint between C6 and C7 was completely luxated.  This appears to be an antemortem finding.”

Dr. Tuley  continues….

“In four years of veterinary school, performing routine necropsies, and 6 years of private practice-having now euthanized over 50 cases personally, (this figure does not include my training at WSU-VTH or with Traber Bergsma Simkins inc., where significantly more euthanasias and necropsies were performed) I have yet to see an animal present so poorly, in as bad of condition as I saw Brad. Injuries stemming from the lip chain, battered right eye and broken neck, all occurred while Brad was still alive. These findings are evident by the fact that bleeding and other signs of inflammation were present. Given the presence of multiple eviscerations and leg dismemberment, even after death, Brad was not treated with much regard.”

Findings by Victoria L. Smith DVM

• Blunt force trauma to the right side of the head and right eye. Aggressive use of lip chain
• Left elbow completely luxated and spinal cord trauma possibly caused by a rotational fall at high speed or by the horse rearing up and falling backwards
• “Severe intentional penetrating injuries to the horse post-mortem”
• “An incision had been made into the abdominal cavity, eviscerating the horse, sharply luxating the left pelvic limb, and the bladder had been removed.”
• “The horse Brad Pitt’s injuries are consistent with intentional and painful abuse by a human.”

Dr. Smith’s comments suggest that the horse may have been “drugged with intravenous amphetamines via an aggressive lip chain to restrain the head during injection.  Dr. Smith explored the possibility that, for cruel sport, someone proceeded to rope Brad Pitt’s forelimbs, “tipping the horse and causing a rotational fall which luxated the elbow and luxated the cervical vertebrae.  The horse’s eye and perioribital area could have been injured by a closed fist or by self-trauma, as a frantic, traumatized, painful horse may slam his head into the ground in terror. “

Below is a copy of the Complaint filed against Donald Nowlin and Outwest Livestock in Yakima County Superior Court concerning the torture and killing of Brad Pitt, an approximately 20-year-old thoroughbred purchased by Rebecca Thorley and Monica Baxter in August 2016. This document contains the allegations and claims made against Nowlin, et al. The plaintiffs are also suing for severe emotional distress and the recovery of actual damages and out-of-pocket expenses.

The sharing of the Amended Complaint and Tuley/Smith reports was done with the permission of  Adam P. Karp Esq,   All documents are public records. Documents originally posted on the “Justice for Brad Pitt Thoroughbred” Facebook page.

Amended Complaint filed April 4, 2017

 

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Necropsy reports prepared by Sean Tuley, DVM and Victoria Smith, DVM.

 

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“Did Brad experience stress and anxiety while under the influence of these illicit compounds? Did Brad experience pain and suffering while accumulating these ante mortem injuries? My visceral reaction is yes on both instances. However, I cannot conclude for how long the suffering endured.” Sean Tuley, DVM

Americans who threaten to sue Canadians will be told that they must have sufficient assets within the jurisdiction (Canada) as security for costs BEFORE proceeding with the action. The amount that would need to be posted is equal to the attorney’s fees and any awards that the defendant might receive if and when they prevail in the action.
In any case, truth is a defense against libel.

Who cannot relate to the anguish that Brad Pitt’s owners felt not only in discovering that he was dead, but how he died? Imagine collecting his body in the condition described in the necropsy report – and later reading how he was purported to have been killed. Not only was there a lack of care given to him – he is alleged to have been deliberately abused. Do any of Nowlin’s feedlot horses end up at the “horse tripping” establishment next door to him where they are “smoked” (roped by their back legs)?  What do you think?  I say,  if you can’t put them in jail, you take their money. Civil lawsuits act as an important tool because fighting them requires time and money that could be used for other purposes – like collecting horses to be killed.

I know there is a very good argument for continuing to deal with unscrupulous people in order to get horses off lots like this. All horses in peril deserve saving regardless of where they have landed, but please don’t facilitate these horrors by providing kill buyers with this lucrative revenue stream.  By making kill buyers more profitable, we are guaranteeing they will stay in business and more of them will pop up.  Save your money by buying locally and preventing a horse from ending up going to an auction in the first place; there are needy horses everywhere that you can actually lay your eyes on, and they deserve help too.  No, the truck is not coming for broker horses – it already left and they weren’t on it.  The slaughter truck came for a horse that you never saw.

 

 

If you are interested in helping and want your money to make a difference, you may donate to support the Friends of Brad Pitt.

Donations will be used for legal bills related to the civil suit.