VIA FAX AND EMAIL
The Honourable Judge Flora I. Buchan
Dartmouth Provincial Court
277 Pleasant St
Dartmouth, NS B2Y 3S2
Your Honour:
June 22, 2012
RE: R. v. Rogier
Sentencing Submissions
1. Please accept this letter as my submissions with respect to sentence in the above trial.
Overview
2. In response to a finding of guilt on the charges, the Crown is seeking an order to have my dog, “Brindi”, destroyed, and fines imposed on me.
Facts
3. HRM has seized Brindi twice, citing the same claim that she must be destroyed. The original euthanasia order was quashed along with the law used to issue it.
4. Four times since HRM first seized Brindi in July 2008 under the claim that she must be destroyed, at my request she has been assessed by qualified persons with experience evaluating dogs. In all instances, the results have been quite positive. The most recent assessment carried out one week ago resulted in a finding that she is fit to live in a family home. The extended period of detainment has brought about the need for a period of re-adjustment to relearn housetraining and recover other abilities that any dog would need under the circumstances.
5. The Crown has submitted the full Decision by Justice Beveridge of the Supreme Court which found that after the first seizure, HRM was procedurally unfair and denied me due process.
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