"Good Bite Inhibition": If only some humans had it!

The more facts people get about this case, and the situation in Halifax, the more they will come to realize that what is happening to Brindi and me is not about a "dangerous dog" or an "irresponsible owner" or about protecting the public. Not at all. It is about bad legislation and arbitrary law enforcement. And, in the place of accountability for both, a coordinated attack to silence unlucky victims - not unlike the way the NSA treats whistleblowers.

It's a mistake for laws to apply a human yardstick to dogs. The latest consensus in canine science is that a dog that kills at the first opportunity is a far greater danger than a dog that has many opportunities but refrains from inflicting severe injuries. It's called "bite inhibition". As Dr. Ian Dunbar puts it, A dog that gets into lots of scuffles, and the other dog comes away without a mark or a wound, has good bite inhibition. That's Brindi.

There is only one photo of an injury from a scuffle with Brindi, and it isn't remotely like the photo of this poor dog. She has excellent bite inhibition, according to her trainer Susan Jordan. Her behavior is about sending a message in the way dogs communicate to other dogs. It's not about attacking to maim or kill.

Brindi waited two years in a no-kill shelter for my adoption. She knows how to cope in a kennel, but she is not her full self there, and knowing she's got a real home and a human who loves her has to make her depressed. I often hear from kind supporters - who have since become friends - who care so much, they shed tears nightly over Brindi. It's terrible, and though I am deeply touched and humbled by it, I so wish they didn't - I feel like I am suffering enough for everybody.

THIS YEAR: RIGHT NOW
The trial began in March with shock and disappointment, so then the verdicts on May 10 were not all that surprising, although the month delay in between was unexpected and personally devastating.
See the court docs here.
Right now, the sentencing scheme is underway. It's very unorthodox, to say the least: there will be no public sentencing hearing in court. Instead, per the judge's scheduling arrangement, the city had three weeks to file its "submissions" (also with court docs) to request killing Brindi. That left me two weeks to prepare my submission for the June 22 deadline. The judge will announce her decision June 26.

June 22 is a Friday. That means the judge gave herself just one day to read my submissions. One day. After nearly two years of waiting for a trial with my dog locked up in isolation, my dog, who never should have been seized, and was seized twice instead.

The materials submitted by the city include reports of incidents dating as far back as 2007 - minor incidents involving little or no injury, which were not charged. They make no mention of the subsequent hours of training we did. And as before, no behavioral assessment by a professional to back up their claim that Brindi is a public threat. The city is relying on a very twisted argument that blames me for being irresponsible and then concludes from that that Brindi is dangerous and must be put down.

The latest development:
The prosecutor spoke on radio for the first time last week on News 95.7 on the Rick Howe show. Rick, for reasons known only to him, chose not to offer me the chance to defend myself, let alone correct four key things she said that were untrue. After I contacted him to ask what the deal was, he gave me about 5 minutes on air today. Unfortunately he interrupted them with an comment from a caller (unannounced) who ignored everything that had just been said in order to trash me.

More important, the city is currently blocking me from getting an updated assessment of Brindi done by a trainer in time for my June 22 deadline. Normally a trainer would see a dog in its living environment; what else? But HRM is claiming the proprietors (contracted by the city) aren't comfortable with having the assessment there. It insists on wrenching Brindi out of the kennel and trucking her back to the pound, muzzled, in a locked box in a dogcatcher's truck and giving the trainer a small room indoors. That's the same place it kept her for two months in 2010, with an outdoor area consisting of two parking spaces, screened off. Brindi would doubtless freak out going back there, because she'll assume she's being taken there to stay. Great way to set up an assessment.

Clearly, the city has very little idea about behavioral assessments, or Brindi. Secrecy - paranoia, I'd say - is more important than fairness or a living being's right to life. Some say they do things to make her fierce, but frankly, nothing HRM has orchestrated to date served to change Brindi's temperament. But they have certainly hurt her emotional state and isolated her from a lot of love and companionship that she deserves - as well as constant care for her now chronic illnesses brought on by years of confinement and neglect (insufficient exercise, bad food, fatty treats) at the pound.

That's how it is.

Public safety or politics? How Halifax deals with dogs that actually cause severe harm

Was Halifax merely practicing strict animal control when it planned to seize Brindi, laying the ground by issuing her a muzzle order? 
You decide. Here is a sample of its approach to dogs that actually cause serious harm, from last April. 

Dog fights frustrate Lower Sackville residents

Residents of a Lower Sackville trailer park say they've had enough with a pair of dogs that continue to fight each other.

Tracey Crawley, a resident of the Sackville Manor trailer park, said her pet was attacked two months ago by one of the two dogs.

"My daughter was home with my dog and she called me on the phone to tell my the chow dog had been in the yard and attacked my dog," she said Monday. "My next door neighbour, what she did was she called the SPCA and we never heard anything else in regards to it."

At around 4 p.m. on Monday, there was another fight between the two dogs in question — a chow mix and a pit bull. The owner of the chow mix was bitten in the arm as she tried to break up the fight between the animals. Tanya Ross, the owner of the pit bull, said she wants the other dog to leave the neighbourhood.

"Her dog bit my daughter, attacked my dog four or five times on my property, has attacked numerous people in the neighbourhood, I think the dog should be taken right out of the neighbourhood," she told CBC News.

Animal services officers with the Halifax Regional Municipality spoke to Ross and the owner of the chow mix, but neither of the animals was seized.

-- Chronicle Herald, Halifax

So... not so strict after all. Even when people are bitten - or animals are killed: I personally witnessed a case of a dog that strayed far from its yard and killed a kitten belonging to a neighbor. The ten-year old dog had never been licensed either. Irresponsible owner? No. The city didn't seize that dog, or bring that neighbor to court; it didn't ask for the dog to be put down, or even muzzled. On hearing the prosecutor say "It was just a first offense, your honor," the judge granted his request for two fines, a long period to pay, and a long period for the owner - whose husband appeared in court in her place - to obtain a dog license.

Meanwhile, known violent psychos get "day passes" to roam the streets unescorted. Recently this sort of thing led to a man's murder.

Brindi's been locked up longer than many violent criminals.

Halifax seized her and kept her for six months without cause (or due process). I tried in vain to convince them it was a mistake, begged them to let her go, offered to pay fines if they would only charge me; build a fence; do private training, and obey the muzzle order (violated unintentionally for about 20 secs one fateful morning). But the city refused, and kept hold of her even after I had to go to court and a judge tossed out their unconstitutional "euthanasia" order. At that point it simply laid charges and kept her longer, even though the charge didn't entitle them to do that. Also the vet, and any number of members of the public. 
At the beginning Halifax lawyers admitted Brindi was not a danger to people. Which raises the question, why try to put her down? She's never bitten a person, not even close, and no dog ever needed medical treatment because of her. Last week, inexplicably reversing the previous position, the new prosecutor told a local radio host that Brindi's a threat to public safety And all the time, it keeps her isolated from other dogs, and from me, as her health declines. I don't know what their connection is, but the prosecutor spoke on the same show as a woman belonging to a small group of people who have been harassing me for years - people with connections to a branch of the SPCA that, as the poundkeeper, ducked loudly the first time around. The woman hasn't been directly involved in my case, yet keeps putting out false information.

I have blogged the details leading almost up to her release in 2010. It's been very difficult to continue after that, especially with the things I was hit after the city took her again. That was after a minor and rather freak incident. Again, it wouldn't let her go pending trial, though it leaves countless other dogs  at home while it pursues similar charges after similar incidents. It ignores the training that was done and what the trainer says about Brindi.

Under Construction! Thank you for your patience!

See Brindijustice.com for the following documents that were submitted to the court and are now part of the public record.

The list includes:

1. Transcripts of calls
2. Katie and Tyson Simms' written statements filed with HRM
3. Transcript of RCMP interviews of the Simms, Michele Steen, Lloyd Pettipas
4. Photographs of the Simms' dog Lucy
5. Vet report
6. HRM Oct. 8 2010 brief filed for an injunction (injunction hearing was denied; Supreme Court claimed it lacked jurisdiction)
7. Rogier preliminary brief filed 17 as Motion to Dismiss or Stay Proceedings based on Charter violations
8. HRM Reply Brief, Feb. 24
9. Rogier March 13 Rebuttal Brief, with list of authorities
10. HRM Second Reply Brief, April 5, with list of authorities
11. Rogier Motion to Strike Testimony and Exclude Evidence, March 15
12. Rogier Motion to Declare Mistrial, March 15, submitted at close of trial proceedings, March 16
13. Transcript of court proceedings from March 2 and March 16
14. HRM email about mistrial motion
15. Rogier April 26 letter to judge requesting clarification after HRM failed to respond to mistrial motion
16. Fax to HRM from court clerk April 27
17. Rogier Response to HRM’s Second Reply Brief, with attachments, May 8

ALSO 

Trainer statement to court on dog behavior, and vet reports on Brindi's health, pending permission
photos of site where my car spun off the road on March 2

And when it's ready, a transcript of the written ruling by Judge Buchan May 10 (she is not releasing it directly, but I will file a transcript of it to the court).

It will probably be a good idea to link to the relevant laws, or at least give a list. I'll do that as well, why not?

Links by others

More YouTube videos by others:

Queen's Brindi Message  April 2012
Francesca's Story  March 2012
Let's Bring Brindi Home!  March 2012
No photos allowed  December 2011
A Christmas Stocking  December 2011

Videos uploaded and/or shot by me: 

Brindi at Homeward Bound during behavioral assessment (footage taken by Bob Riley, April 2010: Brindi had not seen or been up close to dogs for 18 months)

Brindi goes to the beach Summer 2010 trip to a fairly deserted beach - just as deserted as everywhere else I walk(ed) her around here. We live 45 minutes from Halifax, in a very sparsely populated area.

Recently posted material: 

Online interview with me: Montreal Dog Blog  November/December 2011

Brindi Justice:  The truth behind the smears - what HRM doesn't want you to know: Among other things, that a switchboard operator with four years of experience in animal services dispatching, was opposed to the seizure, detention, and planned euthanization of Brindi from day one - so opposed, in fact, she made a fateful suggestion on the night of Sept. 14, 2010,

Open Letter to Derek Graham of Wyndenfog Kennel from me, March 2012

 

Trick or treat

HRM prosecutor Katherine Salsman was assigned to the case against me and Brindi back in 2010. Salsman posted this photo of herself (left) dressed for Halloween as Cruella DeVille (the dog-hating villainess from Disney's "1001 Dalmations") on her Facebook page last fall. The trial was supposed to begin Nov. 8, 2011. Apparently, this was her profile picture from October to sometime before the end of the year.  
The photo was brought to my attention by members of Save Brindi, who didn't find it very funny.
Neither do I.

September 2011: Another Year of Hell.

Only ten weeks after a provincial judge finally let Brindi come home - when I was just beginning to come up for air, when I actually thought things were getting better, when Brindi's health was finally stabilizing, and when I still had some savings left - another inconceivably freakish incident happened. No more harmful than the others, but enough for the city of Halifax to use as an excuse to seize Brindi and put her back on death row. Hell. Absolute hell.

Where did it happen? At the foot of my driveway. What happened? There was a mix-up with the car, and she grabbed, or tried to grab, a dog being walked past my house. The owners were a youngish married couple I never saw before. It was a relief when they said they thought their dog was okay in response to my apology and question. But they ignored my desperate pleas and assured me they were going to report it. They did better: they called the RCMP. I begged them for Brindi's life. The reply: "I don't give a f--- about anybody else's dog but mine!"

In the margins: AC officer who seized Brindi gives opinion of the situation

Not sure what this means exactly. 


Posted with permission of Bob Riley. 

Date: Fri, 28 May 2010 12:30:18 -0300
 hammt@halifax.ca
> To: Bob RileySubject: Re: Tim I thought I would give you a heads up to watch...

Hi Bob,

Sorry I just got the e-mail today, so I missed the news. I no longer support Ms Scolaro or MacDonald with their pursuit of this case, and I have not for quite some time. I feel I acted with good intentions and did not expect this case to be so drawn out or adversarial. I am not qualified to inspect a fence, nor am I qualified to accept/reject a trainer. I do not think this office is run professionally and wish you all the best.

Tim (Hamm)

It's not over 'til the fat lady gets her dog back

Photo: Glen Canning 

And it'd better be soon!!! Amelia and I are waiting!