Responsible Dog Ownership Week?

Well, yesterday's Meet/Treat/Educeet had a modest turnout, but pretty nice results all the same!

I borrowed Ella, a friend's chocolate lab and a stauch supporter of Brindi. Ella chose to lie down right in the middle of the base of the City Hall steps, greeting all comers with a friendly wag of her tail, cleverly giving me a chance to speak to them. Thank you , dear Ella!

We did meet a handful of city councillors, and it was good to speak to them one on one. They were very cooperative, and why not, with three beautiful pooches at my back, and three dedicated humans, plus some delicious cookies (I had big chocolate chip cookies on reserve in the car, in case they were needed)? And of course, I had handouts with Barking Points, all about Brindi and A300, to give them.

I also spoke to reporters from the Herald and News 95.7. It pays to get out there! So everybody is invited to next week's Meet and Treat, 5 pm, Grand Parade. I have more signs, more cookies, and more handouts, and I really hope we get a great big turnout. It's a special occasion, because Mayor Kelly, in his infinite wisdom, has declared Sept. 20-27 "Responsible Dog Ownership Week" in Halifax, apparently with the Canadian Kennel Club's support.

Great idea!

Maybe as part of the festivities, Mayor Kelly will make good on the offer to help save Brindi he sent in an email emailed to one of Brindi's Angels last week. After all, he owns a dog - who happens to be known to bolt out his front door rather often. A good reason for him to take a critical look at A300, since running at large is an offence, isn't it?

Of course, the bolting story may be hearsay. Then again, my lawyer says hearsay is routinely admitted in court when it comes to dog crimes. Something to think about, I guess.

I was interviewed by CKDU radio on Monday for a news report by Debbie Johnson, a hardworking student journalist. It was aired yesterday. Nice to have some media coverage again. And a good story, thanks Debbie! One or two small glitches - Brindi has not been in the pound three months, but two, although it may as well be three...

Also, the city's spokesperson, Deborah Story, again spoke a bit less than accurately about the situation. I realize she has a job to do, but it should not be about killing dogs, should it? Story said the city could kill Brindi anytime, but is being nice not to. Actually, they cannot kill her as long as any court case is pending or filed, or they would be breaking the law. I guess they are nice not to be breaking the law, then. Also, she said that they are waiting to hear from my lawyer, when the opposite is true. The city's lawyer was supposed to file a reply to our statement of claim within 20 days, before we can apply for a court date. He has not done this. We are considering several options, including applying for a default judgment, in our favor, as well as an injunction.

Meanwhile, the Care2 petition is well over 1,000 and we are going to be sending it to the Regional Council along with the iPetition documents, with 785 names.

Don't forget, the entire Council and the mayor are all up for re-election. This is their chance to clean up the situation to insure votes from pet-owners by getting Brindi out, AND changing A300, before the election. Then they would be worth voting for.

MEET, TREAT, AND EDUCEET! Tomorrow 5:30 PM

MEET regional councillors before session.
TREAT them to a cookie!
EDUCEET them about our proposals to change animal control - and to FREE BRINDI!



Please come to the Grand Parade in front of City Hall this Tuesday at 5:30 PM, September 16. We will greet HRM councillors as they arrive for the 6 pm, and peacefully call for them to reform A-300 before the Oct. 14 election - and release Brindi now.

Meet at 5:30 at Grand Parade--dogs (and angels) are welcome! We will have free COOKIES; and handouts about our cause, and we will give both to the councillors. Many of them are actually unaware of how bad By-Law A300 really is.

They do know, however, that they have the power to change it at any time. And, court cases notwithstanding, they also have the power to retroactively suspend A300 where Brindi's offences/seizure are concerned, which will make it possible to release Brindi right away, so that she does not have to suffer through months, even a year, of confinement while a court deliberates!

It's election time! Half of HRM owns pets. Pet owners must come together to make themselves heard - promise your vote on the condition that this matter is taken care of before the election. If not - there are other candidates out there!

Let's MEET, TREAT, and EDUCEET every Tuesday until we succeed!

Hope to see you there!

Information on how to help with legal costs

Many people have asked how they can contribute to the mounting costs of Brindi's defense, as well as the cost of boarding her at the SPCA pound for $25 a day, since July 24. The total is already into the thousands.

In addition to the bank account posted on Save Brindi at Facebook, there is a Paypal account to donate to the Legal Defense Fund for Brindi. Just click on the button!

Any amount is welcome, and all contributions are gratefully accepted!

If you are unable to make a financial donation, your prayers and thoughts are very welcome too, because I know that they are priceless, and sometimes more powerful than money.
Anything that will help bring Brindi home to me is welcome! And thank you.

(PS: please leave a comment if the button link does not work!)

"Shame, shame, shame."

One of the 924 signatures on the Care2 petition:

# 908: 6:51 pm PDT, Sep 9, Patricia Howarth, Rhode Island
I am the Animal Control Officer in Scituate, Rhode Island and am appalled that you would give the death sentence for such minor infractions. We have vicious dog laws in our state also but let the punishment fit the crime. I don't know what government agency or group came up with your rules, but, Shame shame shame. I'm sure glad I live here.




Thank you, Patricia! I wonder if your colleagues here feel the same about the law.

Walk this way!

From last Saturday's march through downtown. The first of many?

You can see what I mean about the dogs behaving so well! 

I am so proud of everybody.

Meanwhile, sources tell me that the manager of the Metro SPCA Shelter (the one who had my friend  arrested for criminal harassment), quit last week. However, this week, with the support of the new NS SPCA president, Jim Kochanoff, she's back at work—albeit under the supervision of a new shelter committee. Perhaps she quit in response to criticism that the place is brimming with dogs and has some 70 dogs in foster care, while few if any are listed on Petfinder.com. How will these dogs ever be adopted? Hopefully the new committee will see to that.

 

In answer to a recurring question, Brindi is not kept where people can see her; she is not one of the dogs that one can volunteer to walk, as with the others. I don't know if she is now being allowed out in the backyard pens. I sincerely hope so, because we have been having a beautiful week of weather here, and even though the pens are graveled, she needs fresh air. I love her so much. Watching the video when I miss her only makes me miss her more.

Never be afraid to do what's right, especially if the well-being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way. 

—Martin Luther King, Jr.

Facts?

With the welcome news from my lawyer that we will likely filing a court action soon, I am wondering which threads to follow up on in the meantime.

A visit to my doctor today, to report the stress I've been under and its various effects on my sleep, my back, my skin, and my nerves; I hardly got through the list. Not much he can do for me; therapy? He rolled his eyes at the thought. "What you need is support," he said, "and you seem to have some, at least." And because he happens to own six dogs himself, my situation worries him because they do occasionally get loose off his property. Nobody has called the cops though. Nor has anybody called him a moron, as far as I know. Even the odd petition signer thinks I am. Well, I would like to meet the dog owner whose pooch always obeys every command. Let he whose dog is perfect throw the first bone! Death is an awfully heavy penalty for a few minor misdeeds. Dogs are not some kind of rodent plaguing the city; they are contributing members of society. 

A neighbor at the mailboxes said he heard that six dogs were put down by the city since my dog was seized. This would be news to me! I'd appreciate knowing if this is true. I sure hope not. 

A call from a journalist today, asking if I'd come into the city to do a short interview, for CKDU's Tuesday 5 pm news program. I plan to see her on Friday morning. I don't know if anybody picked up the story about the dog walk, but we certainly did our best. 

Meanwhile: the Care2 petition stands at 899! The goal of 1,000 signatures is within reach. Good timing: we can deliver it to the regional council and the HRM clerk in time for the new sessions.

 

Posting away... looking around.

Yesterday, Sunday, this blog got the highest number of hits ever! Something like 236 page loads. Today dropped to about 180, the second highest number of hits.

Together, the petitions topped 1500 signatures over the weekend.

Emails have been circling the globe by the thousands, thanks to animal welfare advocate networks.

The Legal Defense Fund for Brindi has been posted on Facebook. The money is going toward legal costs as well as the daily fees for the pound, which are currently at $1300, including the $100 impounding fee (but not including HST - will they add the 13% tax?). The estimated cost for legal representation is about $6000 to $8000. Plus court fees, no idea what they are like.

Any and all contributions are welcome, no matter how small. In exchange for the help to get my dog back, I promise I will continue to work to help animals, starting with the laws. I was supporting WSPA and the Humane Society before this happened; I will become more active in those groups.

I spoke with Jean Hanlon today, the owner of Ducky, the 17-year old cat who was wrongly euthanized. (Isn't it interesting that "euthanized" sounds so much like euphemized"?)

She sounded a little better, but still recovering from the shock. And from the comments of well-meaning friends who say unfeeling things, like "Well, it was time for the cat to be put down anyway." As if that should be a comfort??

After all, we are talking about a life that was taken, swiftly and permanently, a life that was part of a family for nearly two decades and still a ways to go, possibly years. I am still amazed the city has not apologized to her, let alone conducted an investigation. 

As for me, I am waiting to hear from my long lost lawyer, and I am hoping to learn that things are moving ahead. I have many questions to ask him before decisions can be made. An injunction, and a lawsuit? We shall see.  

Meanwhile, I'd better get to a yoga class, the best way to deal with life. For me. 

Taking it to the streets

Dogs meet with their folks at City Hall: no euthanization without representation!

Thanks to all who attended! What good dogs they were. 

The six weeks without three daily walks mean my butt is now a little sore from walking the hills to Spring Garden Road, but it was worth it!

What an experience to arrive at the Citadel lawn and see this terrifically dedicated group all ready to go, with signs and a huge banner! I confess, I choked back tears as I got out of my car, realizing I was about to meet these angels for the first time - and then realizing why. I really missed Brindi when I saw all those sweet dogs. I had her leash around my neck as we walked, wearing my new T-shirt, which good old Kinkos managed to make in record time along with the posters. The children provided extra backup, and were not afraid to hand out cards and stickers to people on the street, even people in cars and cafes! One of my friends got off work at 5 am, drove home to Chezzetcook to sleep a few hours, then drove all the way back just in time to join us at noon. 

I felt so lucky to have such a dedicated group. My advice to anybody organizing a walk like this: be sure to include at least four girls aged around 11 to 12, because they are fearless and committed when it comes to animals. These pros never stopped chanting things like "Free Brindi! Free Brindi! Dogs forgive, why don't we?"

As curious people approached, many of us took the chance to explain what we were about. There was a lot of disbelief about the law. Many of them, mostly pet owners, were eager to give me encouragement, and express concern for their own pets. We heard a lot of stories about dogs and the law—about how dogs are expected to behave better than humans, without enjoying any of the same rights. 

I never dreamt I'd be out protesting on the streets of Halifax for such a thing; never imagined it would become necessary. And in case anyone wonders why I chose this instead of suing the city, let me be clear: there is no instead. I have not dropped the case; I can't anyway, they'd kill my dog right away. However, I cannot get a court date until my lawyer receives a reply to our claim. And that court date may be well in the future. I am confident our case will win, but it is totally unacceptable for any dog to be kept in the pound a year or more, as I am now told will happen. 

To that sharply dressed gentleman who blithely said "I'm okay with it" if the city kills Brindi, I must ask: who raised you? Did they forget to teach you to be kind to animals, and to respect all life? Pardon me, but I do happen to respect all life, even yours, though I may have felt otherwise at the time. 

Spot quiz: Class, what does it say in the Bible, and in all religious texts, about being good to all God's creatures? (I can guarantee you won't find anything about muzzle order violations.) 

Why is it that this never comes up in the conversation most commonly held among Christians? Not that I want to preach to anybody, don't me wrong. I just want to get my dog, who never bothered anybody remotely like that guy, back home. To me, that fact should be enough to get her back. But no. I so often find myself having to justify at length, as I notice others seem to regard the matter as an academic exercise, or a question of law and order. Fine, I don't mind doing that; but you are certainly not seeing the whole elephant. One should reject the premise that the dog is merely a potential pubic nuisance. Sorry to say, even some animal lovers' first impulse seem to be to say publicly that the owner must be at fault, not the law or the system enforcing it. Such law-abiding people—when it comes to animals, at least; bring up HST and trees, everybody's a rebel. In this province of renegade fishermen and hunters, This Ordnung muss sein reaction to dogs is puzzling. What have people really got against dogs—or against other people's dogs? Spillover from the pit bull controversy? Or there a Dog Explosion? Too many showings of Kujo at the Cineplex?

A dog, aside from being man's (not "The Man's") best friend, is the same produce-detecting working dog that greets you at the border crossing, doing what a human can't do, yet is slaughtered thoughtlessly on a regular basis. The same dog that is taken around to patients in hospitals to aid healing. The same being, that when brought into a large prison, will shift the tension-filled atmosphere into relaxation and good feeling within minutes. I don't know about you, but it seems to me we ought to rethink our priorities just a smidge, if simply by walking into a building, one single dog can do what millions of dollars of high-security devices, medications, and rehabilitation methods can't.

 I happen to think that if a particular kind of creature can contribute to our enjoyment and overall welfare the way a dog can, and it does in multiple ways, the "animal" and the beneficial human bonds it supplies ought to be treated well indeed.  

Aren't dogs as public goods ever balanced properly against animal control? Is the value of such a tremendously effective and extremely inexpensive public health benefit reflected in the law? Why not?

 

With thanks to Joan Sinden, blogger and video maven, here is a taste of the event:

PS remind me to mention that Animal Services replied to my last letter!

CALLING ALL DOGS!

WHAT: 100 DOG MARCH TO FREE BRINDI
WHO: All dogs and their owners
WHERE: meet at the base of Citadel opposite Gottingen; walk to waterfront.
WHEN: 12 noon Saturday, September 6

BRING: signs, cameras, treats, water, and your enthusiasm!
GOAL: Return Brindi to her owner now, then change the law!

Stop HRM from using By-Law A300 to euthanize dogs that never bite humans or seriously hurt other dogs!

For more info, call (902) 827-3716
 

WELL, folks... This got posted a bit late - the week started out rather eventfully, and I lost track of it after that. You'll see why in a second.

On Labor day afternoon, I met a friend at the Metro Shelter to go check on Brindi. No chance of seeing her, of course. A volunteer and a supervisor came to the door. The latter was extremely cautious, reluctant to answer questions, how many dogs the pound holds. I tried to remain polite, find common ground. I was met with the response that the SPCA has nothing to do with the pound. So far, nearly everyone there was quick to say this. My friend, on his first visit, somewhat impatiently, perhaps unwisely, likened this attitude to the Nuremburg defense. Are they really unaware the SPCA carries out orders from the city?

At some point, my friend asked if they used a muzzle to walk Brindi. She said they don't need a muzzle, because Brindi is not allowed near any other dogs. I was eager to tell them this wasn't necessary; she gets along fine with other dogs, it's just when they are on the property line. And, thinking out loud, so now she is not getting any dog contact, and getting precious little human contact. Is that good for her? Then I learned they use a rabies pole to walk her. A rabies pole is a long rod with a noose-like loop of thin cord at one end to tighten around a dog's neck. It's meant for the most vicious dogs, usually ones that bite people. But the city does not consider Brindi dangerous to humans; a lawyer told me himself. So WHY then does the SPCA walk my dog with a rabies pole - for over six weeks now??  My poor baby girl.

We went to dinner, despite stabbing pains plaguing my lower abdomen. Few places were open, and darkness fell by the time we made our way back to the lot for my car. I spotted the shelter manager, Diana, through the window, and waved, hoping she would know if they had vaccinated Brindi and she was now being allowed time in the pens. After a few circular replies, it turned out she wasn't. Why? Because Diana wanted my signature after all. So, why didn't they contact me?? Oh, Diana said, she just got back from vacation. SO?  Oh, they are not allowed to contact me directly, but must "go through Animal Services." Then why hadn't she gone through them? "Well, I guess I should have."

Is this credible? I found out about the vaccination hitch on August 22. The supervisor on duty said no when I asked if she wanted me to sign something. And now it was September 1. Ten more days on top of five weeks, my dog stuck indoors all day, barring 15 minutes on the rabies pole. Why nobody brought up vaccinations well before August 22, or noticed her HRM tag, remains a mystery. How large are the letters on my forehead that spelling SUCKER? If I had finished my doctorate, would they have seized my dog? I wonder.

My friend advised me not to "make her an adversary" when Diana went inside briefly to copy my statement (by hand - no form for this). Frustrated already, my patience grew thinner, as each new fact proved more alarming than the last. A month and a half of "she's fine", then the  the rabies pole! She had learned to walk on the leash so well. Now what? If I had not gone to the SPCA myself, Brindi would never get outside. If she does now. So at this point, can anyone expect me to remain content with vague assurances? I am desperate to see my dog, and "animal services" won't let me. By not supporting my request, the SPCA is no longer protecting animals. This is what so deeply bothered my friend. 

Which is why, after Diana returned with the photocopy, he forgot his own advice and lost his cool, trying in vain to make a point unlikely to be kindly received: "The sad thing is," he said, "when you know a dog is not aggressive, but you keep her in a cage, and treat her—" "I never said she was not aggressive, or that she was aggressive," Diana countered, and continued to counter with each attempt he made to continue. Whereupon this otherwise mild-mannered man insisted, "You do too know!" "I do not!" My head bopped to and fro like a tennis ball. Seconds later, the manager spun around and shut the door, saying, "That's it, I'm calling the cops!" Cops??! Before I knew it, my friend had already stormed back to his car and soon sped off towards town. I made my way home, unable to grasp what happened.

But that wasn't the end of it. He called me an hour and a half later, out of his mind: "They pulled me over!" And so they did, on Windmill Road, two squad cars in a daring "high takedown". One behind him, lights flashing, a second sharply cutting off his car in front. They arrested him for criminal harassment. A felony! He narrowly escaped a night in jail. I cannot imagine what the manager said to them; was there some mistake? Criminal harassment means serious threats. She had never even asked us to leave. She wasn't physically threatened. My friend did get a bit carried away over a difference of opinion. But he is passionate about animals, and last I looked, it's not against the law to disagree. Of course, I was a bit peeved at him myself for risking good terms with my dog's wardens, and before I knew about the arrest, I wanted him to make amends. He sent an apology right away, made sure to fax it as well. Whatever its effect, the charges were dropped early the next day, as I was sure they would be. There was simply no evidence. 

Still, it took days for my friend to calm down. His lawyer praised his apology, and advised him to stay away from the shelter. He's not decided yet whether to file a complaint against the SPCA and the police for false arrest, though it would be justified. After all, the high takedown put his health and safety at risk, and the arrest could have jeopardized his career. No wonder misleading the police into a false arrest is itself a felony. I wonder if the SPCA realizes this?

Why wasn't I arrested? Because I wasn't in his car? I'm sure I was getting on her nerves, though I knew not to argue. Perhaps she didn't want me arrested; they surely would have found me.

I'll never forget what my friend said that night about what he was arrested for: "It's the same thing they accused Brindi of: being aggressive! But at least I'll get a day in court. She doesn't!"

No wonder I'm so tired. But not too tired to march. 

SAY IT AGAIN: Halt the euthanizations ASAP!

Referencing two recent posts on Granny's Journal and Me and My Dogs in Halifax, Nova Scotia.

The very best thing that can be done right now is to put an immediate stop to all HRM-ordered euthanization. No more killing until the city cleans up its act.

A publicly-elected government should be held accountable for such a terrible mistake as ending the life of a family's beloved cat in less than two hours flat. Passing off responsibility to an unsuspecting vet at an all-night clinic is just not good enough. With all due respect, procedural flaws and, frankly, a lack of basic common sense must have factored significantly. Enough to suggest a very close examination of HRM operations, and, I repeat, an immediate moratorium. That is the best and only way to insure that no pet is wrongly killed (or seized!) from now on, until things are vastly improved.

If they have any doubt about an HRM euthanization order, HRM veterinarians may be wise to refuse services, citing their code of conduct. Their leadership is pivotal. No other qualified animal professionals are involved in the system. Take away their cooperation, there are no more euthanizations.

Then what? Well, start over. Get a real law and grown-up procedures with checks and balances. To that end, a bit of knowledge and experience of animals among AS employees wouldn't hurt either.

Until then, when Granny asks, "What time is it?" I say, "It's SIX WEEKS later! Time to let my Brindi go!"

AS/NSSPCA Blues

I have written to Animal Services requesting to see Brindi on more than one occasion, and I will continue to do so until I receive a positive reply. To date, none of these requests, or any of my letters, have been answered.

September 3, 2008

Dear Sgt. McNeil, Ms. Macdonald, and Ms. Scolero:

I hereby request permission to see my dog Brindi, impounded by you on July 24, 2008, and housed since then at the SPCA facility.

On a visit this past Monday, I discovered my dog was still not being allowed any time in outdoor pens. This, despite the fact that over ten days ago, I assured a SPCA shelter supervisor that she had the necessary vaccinations. I even gave consent for them to be updated. My offer to sign for this was declined. Nearly two weeks afterwards, I learned nothing changed. While other dogs are put out to the pens in the hot weather, Brindi remains inside, apparently because the shelter manager had since decided she did indeed want written consent. And no one bothered to inform me of this, either directly or through Animal Services.

Please be aware that for HRM and a contracted shelter to leave my dog’s health up to chance, let alone deprive her of fresh air, is not acceptable.

I also learned recently that during her few daily minutes outside, Brindi is not walked on a leash. Instead, volunteers use a pole with a thin wire at one end that encloses like a noose around her neck, an implement normally reserved for the most vicious dogs. I learned she is not being allowed near other dogs anyway, so there is no justified concern about attacks, and therefore, no need to use the pole. To sum up, during nearly six weeks of HRM custody, Brindi has been deprived of fresh air and daylight, contact with other dogs, contact with her owner, and most of the time, other humans, as well as a humane means of exercising her. Only the lack of air and sunlight will change once her shot is given. The others should also change.

As Brindi’s lawful owner, I have the legal right and the moral responsibility to insure my dog is in good health and receives proper care at all times. I urge you to grant my request. To claim it would not be good for my dog is hardly credible under the circumstances.

Sincerely,

Francesca Rogier


I have also written to the NS SPCA on more than one occasion regarding their role as my dog's wardens vs. their mission to protect her. My letters have not received a reply.

However, this was recently posted on the NS SPCA website:


August 30, 2008:
Public Statement on the Case of Brindi the Dog and HRM Animal Services

The Nova Scotia SPCA wishes to inform the public that its role in the case of Brindi the dog is related solely to the Metro Shelter holding the contract for animal care services for the Halifax Regional Municipality. In that capacity, the Metro Shelter cares for dogs that are seized by HRM or picked up by animal control. However, the Nova Scotia SPCA and the Metro Shelter have no control over the outcome of Brindi’s case. The matter is between the legal counsel for Brindi’s owner and HRM. Therefore, the Society encourages the public to address their concerns to HRM Animal Services.

Setting aside for the moment the misleading notion that only the lawyers may decide such matters, everyone should understand at least one thing.

Under current law, the NS SPCA and Metro Shelter have no LEGAL say in the outcome of Brindi's case, whether or not they hold an HRM contract. All they can do, all they should do, in either case is conduct their own investigation and advise the city and its constituents accordingly. A contract to operate a pound is not a gag order, a "license to kill" with eyes, ears, and mouth closed.

If a lot of calls are coming in, maybe the public understands what the SPCA cannot or will not. I hope the calls keep coming until they finally get it.

The public expects the SPCA to intervene. It has a right to expect this. Under A300, euthanization orders issued by HRM animal control officers are not subject to review, internal or external. At present, only the SPCA is qualified and well-positioned to provide such a review. Should its findings contrast those of the city, it has a clear mandate to withhold its services and cooperation. Anything less compromises its core principles.

The SPCA may not wish to, but it would be far wiser to demand a say in Brindi's case, and in every case like hers. Because when the SPCA abdicates its mission, it negates her rights, and mine. If it refuses to be an advocate for Brindi's welfare, who is there? What other non-governmental group is authorized to fill the vacuum?

******************************************************************************

In closing, it would be very nice to receive a reply from the SPCA, and from Animal Services. When it comes to humans, I don't bite. Neither does my dog.

******************************************************************************

Guest Post: Jon Stone on the sudden death of Ducky, a 17-year old family cat

I am writing this in an email so you may post it to your blog as another example of what is so desperately wrong with the animal control by-law and the incompetence of those who are enforcing the law. Jean would love to talk to you. 

A long time resident of North Dartmouth, Jean Hanlon is yet another victim of the reckless enforcement actions of HRM's animal control officers and the inhumane law which they claim to be dutifully applying.

Recently Jean had her elderly cat to the vet for treatment of an ear infection. After receiving treatment and a prescription for medication, Jean returned home with her cat, fully confident that the animal would recover. She was called away to take care of some other business for a few hours. When she returned home, she could find no trace of the cat. She and her husband Paul hunted high and low. When she asked her neighbour about the cat, he had said he had not seen it which later turned out to be a lie.

Finally they called animal control and found out that they had received a complaint from someone in the neighbourhood and had taken a cat into custody. (if only other by-laws would be so vigourously enforced!) They took the cat to the pound - again this is the facility operated by the heretical NS SPCA - where the cat had been euthanized virtually immediately. The most troubling and frightening fact here is that again, animal control officers seem to carry the power of God because even though the animal control law states that seized animals must be kept for three days before being euthanized or otherwise adopted, animal control officers can waive that "right" for the animals and order immediate euthanasia as was the case with Jean's cat. HAD THEY FOLLOWED THE RULES WHICH THEY LOVE TO QUOTE LIKE MINDLESS AUTOMATONS JEAN'S CAT WOULD HAVE BEEN SAVED!

They say they believed that the cat was in bad shape. The only problem with the poor animal was that it was recovering from an ear infection and was of course a little wobbly. The animal control officer, as they are apparently inclined to do in their so-called investigations, embellished his report saying that the cat had been dragging its hind quarters. When pressed, he actually admitted that he exaggerated. So why is he still carrying a badge? Where is the recourse for this sort of incompetence?

Jean went to the animal impoundment centre in Burnside after finding out her cat had been euthanized without ANY serious investigation OF ANY KIND done by animal control. After beating against the locked door, they finally let her in. According to Jean the vet who administered the euthanasia was absolutely enraged at having been misled by animal control.

Needless to say, Jean has been devastated by this tragedy. Especially when her neighbour denied to the animal control officer that he knew the cat and signed a paper to that effect. As with most of the results of this kangaroo court animal justice, lives of people who love and cherish their pets are being devastated because of the callous, heartless and mindless actions of animal control officers.

What adds the ultimate insult to this is that this is all happpening under the nose of the NS SPCA which should be waving the flag of righteous indignation for HRM to immediately cease and desist in the poor enforcement of this even poorer by law. By their silence and the fact this takes place on their own premises the organization which bills itself as the protector of animals is in fact condoning these blatant acts of inhumanity on animals such as Brindi and Jean Hanlon's cat and no doubt countless other similar cases.

How many Brindis have their been as a result of this bylaw? How many cases like Jean Hanlon's cat have there been? How many more broken hearts will there be before some common sense and supportable legal principles win out over the heartless bureaucracy?


-

URGENT: CALL FOR A MORATORIUM ON ALL EUTHANIZATIONS

I received the following news today:

A cat belonging to a Dartmouth family was seized and put down at the Burnside Emergency Animal Clinic within less than two hours after neighbors reported it as a stray, claiming it was “dragging its hind legs.”

Ducky, a 17-year old Angora cat belonging to Paul and Jean Hanlon of Fernhill Drive, went missing on the evening of August 16. Her frantic owners searched in vain with the help of a neighbor. Finally at around 10 pm they called HRM Animal Control, who informed them one of their officers had taken it into custody a few hours earlier. The officer, acting on a call from an elderly couple in the neighborhood about a cat seen on a lawn, mistakenly concluded Ducky was in bad shape.

On learning the news, Jean Hanlon immediately drove to the Burnside clinic and, as she says “went berserk”: “I banged on the door and said, ‘You killed my cat! Let me in!’” A vet came out and explained to Hanlon she had euthanized Ducky after receiving an order from Animal Control. This happened probably sometime between 8 and 9 pm, before the owners were able to track it down. Explanations vary as to why the procedure was done so quickly, nor is it clear why Ducky was taken to the clinic rather than to the SPCA. Ducky was being treated with antibiotics for an ear infection, but was otherwise in good health, according to the family vet. The family is devastated by the sudden loss of a well-cared for, longtime companion. The vet told Hanlon she felt misled by animal control, who in turn claimed they did not know.

Animal Services has claimed it is not allowed to inform pet owners of the names of callers who report their animals. So its officer, who did not actually see the cat dragging its hindlegs, did not attempt to contact the owners. Nor did he search for someone to corroborate the information filled out on an “Animal Relinquishment Form” by Hanlon’s next-door neighbor. To date Jean Hanlon has not been sent a copy of this form, which includes a 72-hour waiver of the time required to hold an animal before euthanization. On it, the officer told her, the neighbor indicated that the cat was a stray, which Hanlon finds odd, as he had clearly known what her cat looks like. Also, since in the past, he had delivered strays to her door, she does not understand why he chose to call police this time.

My friend Jon Stone, who made me aware of Ducky's fate, wonders whether the actual rules were really followed, as Animal Services claims is the case. 

He asks, "How many Brindis have there been as a result of this bylaw? How many cases like Jean Hanlon's cat have there been? How many more broken hearts will there be, before some common sense and supportable legal principles win out over a heartless bureaucracy?"

My answer: TOO MANY. Killing innocent animals is absolutely unacceptable, regardless of how many or how few. 

Therefore, until enforcement procedures are reviewed and the law is improved–and this is not likely to happen until after the October election–I propose an immediate indefinite moratorium on all euthanization orders in HRM.  

I call upon all HRM vets to refuse to carry out an HRM order to euthanize an animal unless and until they are absolutely convinced it is justified by the animal's condition, i.e., visible signs of agony or a severe injury from which it will not recover.

Please join me in making this demand by contacting your elected officials and anyone else who will listen!

 

The numbers are growing.... and time is ticking.

Well, it seems there are well over a thousand good people out there who have taken the time to actually read and sign a petition in favor of releasing my precious dog. Right now, the 500-mark is about to be broken on Care2, and the ipetition site, older, is at 657 names. Plus well over 100 names on local petitions, hoping to get at least 300.

How is it possible in this day and age that despite SO MUCH effort and so MANY people, I have yet to rescue my dog from the pound and certain death, but getting a suspected criminal, even a violent one, released from police custody is often a matter of mere hours? The Enron execs whiled away three years before they were even put on trial, free to come and go anywhere they pleased, evidently. The vice president of America shot somebody in the face and there was no talk of charges...

I am so fearful of what condition Brindi is in, above all, emotionally. I know how much time it took for her to forgive me for giving her up for ten-day stay at a nice kennel, namely, seven full days before she would look me in the eye, and longer before I felt she really trusted me again. This time around, it's anybody's guess. I cannot bear it. But that is getting ahead of myself, I suppose. And even after all these weeks, I still can't believe she is there at all.

Someone who knows us both well and has little reason to trust the SPCA nevertheless believes that by now they must be giving her lots of attention, maybe even letting her roam the office. I would so like to believe this. I would feel a lot better. But I can't be sure it, or of anything, only that it has been OVER FIVE WEEKS and that she is not living the life she should be living, not by a long shot. Then again, so many animals aren't, dogs among them. If day after day, year after year, a maker of expensive dog food could actually lock dogs into 2 x 3 metal cages, some with slats instead of floors and wood planks instead of beds, and subject them to the torture of having solid chunks of muscle removed from their flanks, and worse, anything is possible.

How many of us truly believe humans are the superior species? Or is it all down to the arbitrary evolutionarily granted privilege of having a thumb and walking upright??

A "prayer for relief"

No time for despair. Not with so many, many kind offers of help coming my way, from near and far - even as far away as Fresno! Also, so many people from unlikely places are signing the petitions and commenting on the senselessness of the situation. 

And a special group of good souls are out there every day fighting for Brindi, graciously keeping me going, like she used to, just like angels. Brindi's Angels. So that's what they will be called from now on. 

Thank you to each and all. With you, I don't feel quite so alone in this nightmare. May your efforts succeed with the greatest possible haste.

A "prayer for relief" is a legal term meaning, to quote a legal expert, "that bit at the end of your statement of claim where you tell the court what it is you want it to do for you". What do I want? Simple: I want my dog back. Please!

I miss Brindi terribly and need her by my side. I fully intend to return her to it. She is so much more than "just a dog". 

No dog on earth is ever "just" a dog. May anyone who says this about their own dog have their wounded hearts opened to the constant source of love, joy, and companionship right by their side. For those who do not own dogs, may they learn to recognize, respect, and help protect them as valuable assets to society.  Then, maybe every last shelter could empty out and close down. And the same, of course, goes for cats, and all pets. 

I was sad to learn that Susan Ito, my friend and lifelong inspiration even when we are out of touch, is mourning her Scooter, a sweet, brave little dog somebody once threw away. It seems he was a healing force in many lives, despite his own physical pain. May he be forever blessed, and find the highest and best of spirits at his side.

IF WE WERE MORE LIKE OUR DOG....

If you can start the day without caffeine, 

If you can get going without pep pills, 

If you can always be cheerful, ignoring aches and pains, 

If you can resist complaining and boring people with your troubles, 

If you can eat the same food every day and be grateful for it, 

If you can understand when your loved ones are too busy to give you any time, 

If you can overlook it when those you love take it out on you when, 

through no fault of yours, something goes wrong, 

If you can take criticism and blame without resentment, 

If you can ignore a friend's limited education and never correct him, 

If you can resist treating a rich friend better than a poor friend, 

If you can face the world without lies and deceit, 

If you can conquer tension without medical help, 

If you can relax without liquor,

If you can sleep without the aid of drugs, 

If you can say honestly that deep in your heart you have no prejudice 

against creed, color, religion or politics, 

Then, my friend, you are almost as good as your dog.

(Author unknown, at least to me.)

JUST MY DOG 

He is my other eyes that can see above the clouds; 

my other ears that hear above the winds. 

He is the part of me that can reach out into the sea. 

He has told me a thousand times over that I am his reason for being: 

by the way he rests against my leg; 

by the way he thumps his tail at my smallest smile; 

by the way he shows his hurt when I leave without taking him. 

(I think it makes him sick with worry when he is not along to care for me.) 

When I am wrong, he is delighted to forgive. 

When I am angry, he clowns to make me smile. 

When I am happy, he is joy unbounded. 

When I am a fool, he ignores it. 

When I succeed, he brags. 

Without him, I am only another man. 

With him, I am all-powerful. 

He is loyalty itself. 

He has taught me the meaning of devotion. 

With him, I know a secret comfort and a private peace. 

He has brought me understanding where before I was ignorant. 

His head on my knee can heal my human hurts. 

His presence by my side is protection against my fears 

of dark and unknown things. 

He has promised to wait for me... whenever... wherever - in case I need him. 

And I expect I will - as I always have. 

He is just my dog. 

-Gene Hill 

with thanks to Jenn Richardson

IDEAS WELCOME!

Well, so far, no response from the SPCA, the media, or anyone else. It's a day everybody is taking off for the final week of August. 

In sunny Dartmouth, after an appointment I ventured over to the pound to drop off a package of nice frozen marrow bones for Brindi, her favorite treat in the world. I invited the shelter manager to share them with other dogs in the pound, if there was any concern about them raising a ruckus, as I was told on an earlier occasion when they refused the chicken hearts I brought for her.

As we chatted, and I really hate to write this because I will gasp again, I learned that for the past four weeks of her incarceration, Brindi has not been allowed to spend time in the outdoor pens, where I photographed the other dogs earlier. This means she has only been on short walks, totally roughly 15 minutes a day, according to animal control officers. 

Why?? Because they were not sure she had all her vaccinations.  

How did they not know?? Brindi has a valid HRM tag, which serves as proof of vaccinations. 

If they didn't know that, why did they not ask me? So far I have been up to the SCPA four or five times. And my name is in the phone book. 

It so happens that Brindi is due for her shots, as of the end of July. So the manager said the SPCA can provide this service if I agree, which I did, gladly. This, I was told, will allow her to get some fresh air, if not much exercise (see photos below of the pens). 

Okay. Keep calm... Brindi's had what amounts to a month of mere pee breaks, short walks (15 minutes daily total according to an animal control officer, but I hope not). And if I hadn't been at the SCPA today, that's all she'd still be getting. Pee breaks. My beautiful, healthy, smart, loving dog, that I walked and walked so she could lose 10 pounds the first month, and walked some more until I lost 20 pounds in seven. MY amazing dog, who so treasures her daily runs through the high grasses and dunes, ecstatic over each smell and taste of the great outdoors.

Somebody tell me, how do I digest this news after a month of eating my insides out? Do I scream now, or later? My vocal chords are not quite healed yet, but so what: I want to scream, scream, scream, scream, scream, scream, scream, scream, scream, SCREAM!!!!! 

 

A month of hell, day after day of urgent calls, emails, big bucks spent, dozens of tips for sure-fire help dashed to pieces, and I've gotten nowhere at all. Abso§%)/%&Q?lutely nowhere. My lawyer is hiking in Chile. Friends are tiring of the topic, understandably. Family incommunicado at a cottage. My neck and back are sore, legs ache, house filthier than ever and further than ever from completion, tons of paperwork to do. Winter is coming, everybody says, what about the house? 

I was fantasizing that maybe, just maybe, enough city council members would find it within their hearts to vote to suspend A300 retroactively to release Brindi, the same way they suspended anti-noise by-laws for a concert. Then they can set about fixing the law. Not likely, I guess, especially after reading some of the minutes of a Regional Council meeting on the animal control by-law, Dave Rodenhiser's June 21, 2007 column in the Chronicle Herald. 

I truly wonder: what is it going to take? There HAS to be some way to get her out before another day goes by, another 30, 40, 50! Please, there just has to be a way! This is CANADA, isn't it? No death penalty, right? Wrong.

 

While the online petition (545 names) and Facebook group (261) have garnered real support around the globe, here at home, the story has not gone national. Wiser heads tell me it is not likely to, though it would help.

 

What gets a nation's attention away from the Olympics...? I go into brainstorming/design mode: throw out the wildest and craziest ideas you can think of, don't judge, toss them around until something gels. (Sometimes it actually works.) What if I camp out in the parking lot of the SPCA and howled into a loudspeaker all night? Hold candlelight vigils and burn a copy of the by-law in front of Animal Services? Hand out poop bags and doggie bandanas stamped with "FREE BRINDI"? Pretend to kidnap the mayor's dog (have a stand-in pooch play the part - who'll know the difference?) and demand Brindi as ransom? Hold a doggie march, a doggie concert with a cat chorus? 

While I rack my brain, others are working like mad: one woman is determined to get it on Ellen Degeneres or Oprah. Others wrote to Cesar Millan. Another one is giving every Halifax official she can get to a piece of her mind. Goodhearted people who love dogs are calling and writing the SPCA, Animal Services officials, the media, the police. It's awesome!!! 

Is it getting results? Not quite. 

What will it take? 

Meanwhile, again and again I have to come back to reality: they actually took my DOG, and they actually want to put her down. No wonder I can't come up with any ideas. Stress, fear, pain, exhaustion - all big creativity killers. 

May I somehow find a way through them, just this once!

  

To the SPCA:

To Darrell Smith and the Executive Board of the Nova Scotia SPCA:

I want my precious dog back now.

Until very recently, the NS SCPA website posted a mission statement with an objective on “intervention and protection” stating: “In order to protect animals from further harm we intervene in cases where their needs are not being met.” Clearly, my dog Brindi’s needs are not being met - not by Animal Services, and certainly not by the SCPA.

The SPCA’s choice to remain silent on Brindi, ostensibly due to its HRM contract, does not constitute a neutral stance. Rather, it is doubly harmful. First, it denies us its powerful assistance as an animal advocate. Second, as pound keeper, it actually facilitates HRM-ordered inhumane treatment, from the euthanization order to its refusal of my rights to visitation, rejection of an expert assessment, and denial of a foster home. In fact, SPCA is actually a party to what experts call an act of cruelty to an animal that has already suffered in a shelter for over two years of its short life, just one year since its adoption. All this, at a cost to me, as owner, of $25 a day, with part, if not all, to wind up in SPCA coffers. For me, a firm believer in pet adoption, a donor to your organization and others like it, owner of not one but three rescued animals, this is quite a blow.

To insist that the SPCA cannot intervene to protect Brindi from the harm of further confinement and/or destruction is incomprehensible and, I feel, unforgivable. By participating in the wrongful seizure of a rescue dog that has never bitten a human or caused serious injury to another dog, the SCPA appears to have traded advocacy for complicity. In fact, it may be compromising its entire mission by supporting this HRM-ordered euthanization under the guise of an incorrectly enforced by-law, itself widely regarded as unjust. For if part of a public charity operates as a private contractor, all of it ceases being a public charity.

Without SPCA help, I face certain financial ruin to prevent the unwarranted death of my dog. Please, I beg you, do not abandon your publicly supported mandate. It is urgent that you take a stand and help us now. Review the case, and allow Silvia Jay or another expert to assess Brindi to determine whether it is right for her to die.

I firmly believe that your actions will succeed in returning my dog to me in the immediate future. I sincerely hope you will agree. I may be reached at (902) 827-3716.

Respectfully,


Francesca Rogier

Sent to the SPCA and the media on August 21.

I wish to add here: During our meeting last Monday, through its legal representative, HRM acknowledged unequivocably that it does not regard Brindi as a threat to humans.

And to clarify: I refer to the SPCA's mission statement, which until a few days ago, was published on its website. As of this writing, the page says "under construction" above a prayer by Albert Schweizer.

What is the SPCA position?

This is a response to a letter sent by Jon Stone last week to the SPCA. It is signed, appropriately enough, by its treasurer.
Normally I would not post this. But because it appears that false information being circulated about the case, it seems necessary.

I must also point out that I have no knowledge whatsoever that the SPCA is offering assistance or involved in discussions. Nor is any other group to date.

-----Original Message-----
From: james Kochanoff [mailto:j_kochanoff@hotmail.com]
Sent: Friday, August 15, 2008 9:35 PM
To: jon_stone@ns.sympatico.ca
Subject: RE: Mis-representation of the role of NS SPCA

Dear Jon,

Thanks for your email. You are correct on your comments.

Our shelter as are most SPCA's in the country are dependant on animal control contracts to survive. The reality is without government funding, it is the only way we can pay for investigation and housing for cruelty cases we investigate across the province.

It would be a good PR move with the public to make a statement against the HRM regarding Brindi. Unfortunately it would cut us out of city discussions in the case and that would not benefit her.

We continue to work behind the scenes to offer guidance to the HRM on the dog's behavior. It may not generate good press but it will hopefully prevent this poor dog from losing its life from the mistakes of its owner.

Please continue to voice your concerns - your comments are having an effect.

Sincerely,

Jim Kochanoff
SPCA Treasurer

the aftermath

The news that the city decided not to grant my two requests reached me after 4 pm today. My lawyer leaving for South America tonight, until Sept. 2. I will have to file a claim to have a court-ordered assessment and order to move her to a foster home, as well as pursue a court case to release her. These added and prolonged legal procedures are likely to win, but not for some time. To continue this fight for my beautiful dog, I must risk my health, severe financial hardship, and a winter without heat. Surely this cannot be.

Waiting

My day is almost half over, and there is no sign of how it will end. I am feeling rather disassociated from everything right now. I feel grateful for the attention given to the story; it is really more than I expected. And I am so honored by the offers of support from people everywhere, supplying me with names, suggestions, and good wishes. But for somebody who is used to spending several days a week without speaking to another human, let alone seeing one face to face, it's quite a change. My bewildered mind, seeking answers, keeps replaying a memory of Brindi's butt scooting down that back ramp, leaving me holding the muzzle and lead. 

Monday afternoon, the weather spiking into a very hot day, and on four hours of sleep, I was able to meet with Scott Hughes, the lawyer representing the city of Halifax, together with my lawyer. Without the presence of anybody from animal services, it was not the meeting we originally requested and agreed to by the city. Nor was the topic of discussion what I had hoped it would be, namely, releasing my dog. That's okay, I thought; at least we are here, speaking face to face with somebody about something. We had decided to concentrate on getting Brindi to a foster home, out of the shelter, and permission for the trainer, Silvia Jay, to see her and assess her. We talked for about an hour, maybe less, in the city's legal services office. I am not sure how it went, but Scott agreed to let us know his response by the end of the day today. 

With a deadline or two - David is on vacation after today, and Silvia starts on Monday - it is getting pretty tight. Plus, tomorrow it will be an entire MONTH since Brindi's been in the shelter. I still can't comprehend this, and the time is just fleeing away, the summer coming to an end before any of my goals are completed - namely, the house!! In March, the wood windows I ordered were ready and delivered on time, but the basement was not completed. Since then the installer has been kind enough to keep all 20 of them in his shop, a real inconvenience, I'm sure. I had expected to be ready for them by July, August at the latest, and here it is, all I have is footings and a lot of water and rocks, and the house is still on the piers. Today he called and asked about moving the windows elsewhere. Lucky for me, a kind friend of mine up the road offered to store them in her spotless, well-organized basement. They'll be within reach when the time comes. I can't wait for that. 

Meanwhile, having finally had a night of sleep, I am waiting out the day. And so, to my surprise, is the local media. May it all work out for the best! 

"Life is life -

whether in a cat, or dog or man. There is no difference there between a cat or a man. The idea of difference is a human conception for man's own advantage."

- Sri Aurobindo, Indian scholar, evolutionary philosopher, poet, mystic, and yogi, among other things.

My thanks for this quote to Christine Heidt of Quebec, who posted it with her petition signature, prefacing it with: "People are too easily killing animals. We have heinous murderers who get better treatment just because they are humans."

Which is it? Does it matter?

Random images. The look of joy  - Lebensfreude - on a turned-up snoot, big brown eyes rolling up at you exquisite pleasure voiced in low grunts in being readied to go outside for any reason at all, but especially, for a nice long walk in the tall grasses. Even better, a towel rub-down after she comes back from a walk soaking wet, which is about 30-40% of the time. I stretch the ends of the towel and rub it perpendicular to her back, from neck to tail. Efficient method. Also makes one happy just to see how happy it makes her. Going to the car, trotting expectantly, looking back for instructions every other step. Sitting upright there. Or, moving through the yard with me, never more than one inch from my left leg, anticipating the route, hoping for the words "cross the street". Her visible bodily struggle to maintain self-control against sheer glee. Watching her wriggle on her back as soon as we hit the lushest, deep green grasses on the slope, sometimes managing a bit of a slide, always getting really into it, legs in the air, body winding back and forth like a snake. This dog knows how to enjoy a real life and make every simple joy and basic need fulfillment a truly great experience. Ears prick straight up at a sound, a word from me. Snuggle at a moment's notice. 

When I taught her "right paw" and "left paw", it only took a few tries; in two days she had it down. I mixed my left with her right, but it's good anyhow! She loves the little routine of sit, right/left paw, down, jump up, and bang. Nothing ambitious. I was trying to work on the first step of agility : touching plastic lid, which sounds weird, but makes sense. But I can climb up boulders with her, and she hops up, on leash, as light as the proverbial mountain goat, stands on the cliff and gazes out over the inlet contentedly. If I do a few yoga postures there, or on the beach, she'll come in close and stand solidly, as if spotting me. I don't know why she started doing this, but it is rather helpful. I started calling it "doga". 

I miss her being under the desk when I am in my little office, or in the bed in the kitchen when I'm cooking, and I miss her tailing me around the house. We go down the stairs side by side: she waits at the top, won't go before me unless commanded, and prefers going together. A little tight in my narrow staircase, luckily so far I haven't tripped on the shallow treads. At the bottom, she waits, to see where I'm headed. 

When I am busy in the kitchen, I have her lie in her bed under the kitchen island table where she has a central view. Doesn't stir if the cats come along and hop up to their tabletop dishes, right over her head, and back down again. She will follow me to the bathroom and post herself outside, unless of course she sees me start the shower. Then she'll turn tail and make a beeline for the safety of her kitchen bed, not taking any chances that it might be her turn for a bath. Her great dislike of water is understandable, having been abandoned in the rain with her whole litter for God knows how long before she was found. She'll tolerate a bath without drama, when she must, to her credit. But her discomfort is clear, and not until she feels that towel rubbing her coat does she really relax.

Even after one short year, I have many stories to tell about my dog Brindi, as any dog owner would. Whether therapeutic or masochistic, I worry that the act of writing them down may have an unintended consequence of consigning all that she is to the past. Too painful to risk. 

How many times did I promise Brindi, gazing up at me with her sweet brown eyes, that she is safe with me, and nothing bad will happen to her again, that I will do everything to protect her, that I will always love her, and that we will be together always. Call me stunted, call me sentimental, but I have never made or been able to make such a promise to anyone in my life other than these helpless beings. I cannot comprehend that after such a brief time in her first real home, Brindi's life is at risk because the city believes she's a risk. And I cannot accept that I am helpless to save her: a dog that has not bitten a single person, whose "attacks" on passing dogs at the edge of my property were short-lived, and minor by any standard.

Yes, I complied with the muzzle order. Accidents will happen when your house is up on steel. And nobody was hurt in the accidental incident on July 24.  

Regardless of what anyone says, nobody could be a more committed and dutiful owner for Brindi. No dog could be more willing to learn. Under my care, there may have been a few mishaps, but none of them, none, caused serious harm. Also under my care, a dramatic transformation in this dog's life was underway that, before it was radically interrupted, was headed to correcting the source of the mishaps with love and discipline, and expert training. If my prayers are answered, and this process is allowed to continue, these mishaps will cease. And our life together can go on. 

Hoping and (sort of) coping

It's been a harrowing two days within the three weeks that have gone by since Brindi was taken away.

August: vacations (among the various lawyers and parties) are threatening to prolong this ordeal. Unfortunately, have not been able to meet with all the parties involved.

In an attempt to ease the situation, and come to an earlier resolution if at all possible, we are proposing that Brindi be moved to another location, preferably a foster home. A good friend with plenty of experience as an owner and foster mom has made her home available. And, as mentioned, we would like official consent to have Silvia Jay see and assess Brindi at the shelter and elsewhere, as soon as possible.

On Wednesday, I tried to make my case in person to Andrea Macdonald, the manager of Animal Services. I drove to the Animal Services management at Macintosh and Bayne. I am not certain why the address is unpublished. (I could not help referring to it as their "secret hideout".)

It was close to four pm by the time I made it across the McKay bridge and found the service road next to the link to Robie Street. I drove past the two pre-fab buildings, one of which is marked with a sign for "Building Management Services" or something like that. I turned around and parked out front.

The door had an electric lock, but a woman passing by let me in. I explained that I did not have an appointment, but had phoned a few times, which was true. After standing a minute or two in the lobby, I was permitted to wait in a conference room. Andrea and supervisor Lori Scolero, who had signed the death warrant (and who was reportedly out all week), appeared a few minutes later. They remained standing, insisting they could not talk because the entire matter was in the hands of the lawyers. I had brought along a few new letters, with Silvia Jay's CV, photographs, and petitions. They declined to review them but I was able to leave a few things with them when I left. I had planned to focus on the requests at hand, but, perhaps because of their unwillingness to sit, I wound up putting a number of points forward.

Above all, I tried to persuade Andrea and Lori that their hands are not tied. The court case does not prohibit them from continuing their duties and using their discretion in this matter. (I confirmed this later with my lawyer, in fact.) In other words, they may be advised to consult the lawyer before acting, but they retain their authority to make decisions. My goal was to convince them to grant permission for Silvia to see Brindi. I also tried to get across the idea that resolving the matter quickly is really in everyone's interest - Brindi's above all. But it is also in the taxpayers' interest to avoid a costly, lengthy court case, and as public servants, this should be their concern. 

In the end, what I heard told me they are convinced of a few points that puzzle me: that there was a serious injury, and that the law was followed, and, in their view, it mandates euthanization as the penalty for a muzzle order violation, even if unintentional and momentary. I was especially surprised by the first, as the police files my lawyer received in disclosure do not contain documentation of what could be reasonably considered a serious injury. 

On the second point, there seems to be confusion. The text of the law brings up destroying a dog only once (it does not use the word "euthanization"). This appears as one of four options that an animal control officer may take:

(2) Where an Animal Control Officer has reason to believe that a dog has attacked a
person or another animal, and the owner of the dog has been identified, the Animal
Control Officer may do any one or combination of the following enforcement actions:
(a) issue the owner a notice to muzzle the dog;
(b) issue the owner a notice to microchip the dog;
(c) classify the dog as a ‘dangerous dog’ in the municipal registry; or
(d) destroy the dog without permitting the owner to claim it and issue the owner a
notice informing that the dog has been destroyed.

Further down, there is only one section that refers to instances where an owner fails to comply with the muzzle order:

(4) Where an owner has been served with a notice pursuant to clause (a) or (b) of
subsection (2), the failure of the owner to comply with any notice shall be an offence
under this By-Law.
(5) Any owner of a dog who fails to comply with subsection (3) shall be guilty of an
offence under this By-Law.

Beyond defining this instance as an offence, I find no mention of a prescribed penalty.

In any case, while we spoke, I pointed out what I feel is a significant discrepancy between the unfolding of the euthanization order for Brindi, and the procedure outlined on their webpage (see REVIEW ENFORCEMENT PROCEDURES) - in which an investigation is to be conducted after a dog is seized, not before, and that a decision to euthanize is to be made on the basis of

 a post-seizure investigation. And in the materials we received, there was not much evidence of any investigation other than paperwork that repeated the accounts of incidents. No other members of the community were asked for input - something that my mail carrier, Marina Findlay, wonders about. People like her, who move through the neighborhood day in and day out, have a very good sense of which dogs are threats to public safety. However, the department confines its interest to the details of reported incidents largely as they were initially reported. No qualified experts are consulted; the law does not specifically require this.

Although the law, in its open-ended description of procedure (or lack thereof), certainly grants the necessary latitude to do so, the department does not appear willing to take into

 consideration the circumstances of these incidents, or mitigating factors, such as the location and nature of the incidents (at the property line; no injury requiring extensive medical treatment). Such consideration is customarily given in other areas of the law, from parking tickets to felonies. So it is hard to comprehend what amounts to a zero-tolerance policy for a dog that the law does not even regard as a sentient being. In fact, the law views dogs as property, yet elsewhere, no law requires a vehicle to be destroyed as a result of an accident. The driver would be penalized. 

In any case, I had the impression I was up against an immovable force - yet again. I suppose people who know me will say this is nothing new in my life. Only this time, another life is at stake. Lori was kind enough to photocopy a few signed petitions, and as I left the pre-fab building, I tried to frame the situation as an opportunity for Animal Services and the city to, in refraining from destroying my Brindi, act to reform the procedures and the laws now. Again, and perhaps understandably, Lori was focused primarily on the law, which she firmly believes dictates this drastic measure; "if you guys can change it..." they will enforce it, in other words. 

But I must ask again: in addition to the question about procedure, exactly where in By-Law A300 does it actually state that euthanization is the remedy/penalty for an offence involving a muzzle order? Or was it their choice? If so - why?? Why impose the maximum penalty upon a dog whose offences are minimal? 

 

Afterwards, well, the word distraught doesn't begin to describe how I felt. I sat in the parking lot for a while, called a friend, drove down the highway (sobbing, not afraid to say) to Chapters, 

sat in that parking lot, and sobbed some more. I could not drive home. I could hardly drive at all. My friend didn't stay long, didn't get anything at Starbucks; saying only, "you're doing everything you can" - not very reassuring after my recent encounter - and "you should make sure you eat and sleep", he went off to have dinner with his daughter. I hadn't eaten all day. I couldn't function. I called another friend, talked until I could get myself moving again.

Then I found myself driving over to Burnside, where Brindi is being kept at the SPCA. It was around 7 pm by this time. I didn't try to talk to anybody. I just wanted to be there. Not many windows to see, I wondered if the dogs in the pound get any daylight or sunlight. 

One of the officers who had seized Brindi drove up in his truck. I don't think he saw me. He was carrying a container, probably holding a cat. The truck looked like the same one they used to take Brindi away. 

Two sweet old dogs were hanging out in the pens outside. One was a mix with some staffordshire, thin, a male. The other was an amiable mutt, friendly, but like

 the other, stayed pretty quiet after greeting me solemnly. They moved unnaturally slow, as if they were really, really tired; it was weird. 

Then, in the far distance, I could just about make out another dog lying down in a pen, its back to me. Too dark in the shadow to see a color or markings.

Was it Brindi?? Later, I enlarged the image,

bracing myself.  There is that profile, widened shoulders, flopping ears.

Oh God, what if it was her?? I was afraid to call out - if it was her, I couldn't bear it; there was no way to get close to greet and touch her. I didn't want to do anything to cause trouble; who knows, it could work against me later. 

Did I miss my chance???

I wandered back to the front of the building, and ended up chatting for a few minutes with the shelter manager, Diana, who had spotted me and came to the door. She said Brindi was doing all right. We talked a bit about the situation. I did not want to cause any problem, I just needed to be there for a time. 

Every day I fight the urge to drive over there. It's only 20, 25 minutes, I think.

On Friday, Jon and I built an enclosure around the front ramp. It may look odd, but it is secure, and fully enclosed, so that my dog cannot go past it unless I open a little gate we fashioned. 

So now the front and back entries are secured. No escaping.