Humane Halifax: After 6-year battle to kill Brindi, HRM keeps mum / NS SPCA called on to protect dog's life

 HUMANE HALIFAX PRESS RELEASE AUGUST 12, 2014
HRM secretive about plans for Brindi / Humane Halifax asks NS SPCA to investigate neglect abuse of all seized dogs at municipal pound  

FOR IMMEDIATE RELEASE: 
(Dartmouth Aug. 12, 2014 4:00 ATL): In a recent email to Brindi's owner, HRM prosecutor Katherine Salsman tightened a cloak of secrecy around the municipality’s longtime ward, the dog Brindi, claiming there is no “final decision” on the dog’s future (see email below).
With a consensus of five expert examinations of the dog between 2008 and 2012 finding Brindi “highly trainable” and rating her reported occasional displays of canine aggression as minimal, a less than positive conclusion is very unlikely. None appear to have witnessed Brindi behaving aggressively.

Brindi, a medium-sized mixed breed rescue dog was seized at age four in 2008 for a muzzle order violation. No evidence of injury was found. She is now ten years old and has spent all but one year of life in isolated confinement. In 2012 a provincial judge termed Brindi “not beyond redemption”, but passed on deciding her fate, ordering HRM to decide whether to adopt her out or destroy her.

The judge directed HRM to obtain a further behavior assessment by the “usual means”, an apparent reference to pound evaluations of stray dogs.

Brindi is not a stray, and has been well-trained in basic obedience skills.

HRM’s late July statement suggests it is reluctant to disclose its plans for Brindi. It has not stated whether it has carried out the ordered assessment - a step it has been free to take at any time since June 2012, regardless of a possible appeal.

For six years, the municipality has held steadfastly to a July 2008 decision to do away with Brindi. The Supreme Court later quashed that decision, finding it exceeded judicial authority. HRM since failed to convince two judges to grant its requests for proper orders to destroy. The July 11 appeal decision left Brindi's fate ambiguous.

As an Aug. 18 deadline to file a second appeal of the 2012 decision approaches, Brindi’s loyal ex-owner is at a crossroads. “It’s strange HRM will not say what it intends to do with Brindi if I don’t appeal,” says the East Chezzetcook resident. Rogier included the adoption alternative among her court sentencing requests in 2012 and proposed it to the municipality in 2010.

SPCA staff, veterinarian, showering love on Brindi, May 2009.

Earlier that year, after a long silence, the SPCA, then the HRM pound operator, publicly urged HRM to opt for adoption as an alternative to killing the dog (letter attached). Brindi’s popularity among SPCA staff is evident in a 2009 photo, left - though they were fully prepared to kill her if Rogier lost the case.

Residents of the province, like Olive Pastor, whose letter is below, frequently voiced their disapproval of HRM’s handling of the case to the city's mayor.

Meanwhile, the SPCA has not answered Humane Halifax’s request that it investigate the municipality’s treatment of Brindi - and other dogs held for months and years - for possible infractions of the Animal Protection Act.

END

EMAIL FROM PROSECUTOR - UNWILLING TO CONFIRM PLAN TO KILL BRINDI

From: "Salsman, Katherine"
Date: Wed, 30 Jul 2014 18:19:32 +0000
To: Francesca Rogier
Subject: RE: Query re HRM's decided course of action

Ms. Rogier,

A final decision in this regard has not been made and will not be made until the Court proceedings are fully resolved.

Yours truly,

Katherine E. Salsman
Solicitor
Legal Services
HΛLIFΛX
T. 902.490.6024
C. 902.225.0060
F. 902.490.4232
http://www.halifax.ca/

From: Francesca Rogier
Sent: July-29-14 6:27 PM
To: Salsman, Katherine
Subject: Query re HRM's decided course of action

Ms. Salsman,

As a matter of record, and as HRM has had abundant opportunity to make the determination, on what course of action has HRM decided regarding Brindi? Simply put, will it adopt her out to a suitable home, and if so, where; or will it have her killed?

Notwithstanding the wording of the Provincial Court decision regarding an additional assessment of “adoptability”, I find no reasonable grounds to put off the decision. Now, as before, nothing (including a potential appeal application) realistically or materially prevents HRM from carrying out any form of assessment at any time. Secondly, the consensus of positive opinion established by five previous expert assessments by canine professionals precludes the possibility that a substantively different opinion will result from a further assessment.

However, to my knowledge, a number of individuals have conveyed formal adoption requests to HRM since July 11, which have gone unanswered, leaving those individuals in doubt. Under these circumstances, and given HRM’s stated policy of transparency, it seems not unreasonable to put the question to you, the HRM representative on this matter, at this time. In the interest of avoiding lengthy and costly proceedings to obtain such information, I would very much appreciate a prompt reply answering in full.

Thank you.
Francesca Rogier
782 East Chezzetcook Road
East Chezzetcook NS B0J 1N0
--

LETTER TO HALIFAX MAYOR FROM OLIVE PASTOR, NEW GLASGOW

From: Olive Pastor
Sent: Tuesday, August 12, 2014 8:52am
To: mayor@halifax.ca
Subject: Rogier

Dear Mayor Savage:

At the end of this week the fate of Brindi the dog will be decided. It appears that HRM has only one wish and that is to see Brindi dead but then again everything is so secretive who knows what you want. As a resident of Nova Scotia and a Canadian citizen I am disgusted with HRM for keeping the dog kenneled for so long. It is my opinion that Brindi had a terrible life by being kenneled for years. Can you possibly tell me how a by-law can be right when so many people want it changed and want the process changed when Municipalities deal with animals. I hope Brindi's death will not be in vain. I hope that it will open the eyes of Nova Scotians and they will start questioning the Municipal governments throughout the province on how they deal with animals and many other things and I hope that changes will involve giving back the say to the politicians who are elected by the people and answerable to the people not to the CEOS and staff who answer to them.

I want to see change in the process, ie.: changes where people can be with their pets when they are killed by the municipality and I want to see the remains given back to the owners. This is called closure if you don't know it. I want better interpretation of by-laws that are not so arbitrary and leaving the interpretation to staff at animal control. I am against the secrecy that surrounds the killing of pets or any animal for that matter by the Municipality and if a dog is re-homed it should be monitored by people outside of the Government. 

Face it, we all know that bigger crimes have been committed by dogs and their owners in HRM that got lighter sentences than Brindi - if they were charged at all. Brindi never killed an animal or did any serious damage but still this travesty continues. 

You know, sometimes the moral aspect of a problem out weights the legal problem and we all have our thoughts of what is happening here and it is not putting Halifax or its leaders in a very positive light.

I can't even address the heartache, pain, financial distress or health distress caused to Ms Rogier who has been forced to fight for her dog.

Why don't you do the right and moral thing and go to the court and have this stopped and give Brindi back to Ms Rogier? The dog has served her time. She deserves to be let off with time served as the penalty.

I hope this letter will be considered as a wake-up call that people want change in the antiquated laws of this province.

Olive Pastor
New Glasgow, Nova Scotia