Friday, June 29, 2012

My statement to the Court regarding sentencing


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.

Letter submitted to the Court by Brindi's veterinarian


Since October 2010, Dr. Larkin has been regularly monitoring Brindi's health at my request, as her health was already compromised from two-years of being held in isolation. For unstated reasons, HRM would not permit the vet to see Brindi at the kennel, however, so she was brought to the Complete Care Clinic. Dr. Larkin speaks about her expertise and her opinion of Brindi's behavior. Posted with permission. 

June 21, 2012

The Honourable Judge Flora I. Buchan
Dartmouth Provincial Court
277 Pleasant Street
Dartmouth, NS B2Y 3S2

Your Honour,

Re: R. v.  Rogier Sentencing Submissions

Please accept and consider this letter which is presented with respect to the trial of Francesca Rogier, owner of Brindi.
With full respect to your Honour, I am aware that Courts in Canada customarily give consideration to veterinary opinion in cases where the destruction of a family pet is contemplated.  In some cases, they seek out such professional input. I would hope that such consideration is given here.
Professional qualification:
It is my sincere hope that my statement will not be disregarded or dismissed based on what would be, in my view, a misunderstanding of the notion of “expert”. As a veterinarian, I spent 8 years in university training to become a doctor.
My training at the Atlantic Veterinary College at the University of Prince Edward Island qualifies me to diagnose conditions and prescribe medical treatments in the areas of dermatology, ophthalmology, cardiology, gastroenterology, neurology, oncology , immunology, orthopedics, as well as performing surgery, dentistry, radiology, and last but not least, behavior modification training. Veterinarians essentially are trained to provide complete medical care for our animal patients including behavioural advice. It is rare that we have the need to consult a specialist. My 18 years of clinical experience further demonstrates my knowledge and skills as a veterinarian.
In addition, as a veterinarian entrusted by both Ms. Rogier and Halifax Regional Municipality to monitor Brindi’s health since early 2010, I am able to provide reliable information about her status and her behavior.  In its capacity as a representative of the public, and having been in regular dialogue with Animal Services staff, I would hope that the Municipality will have no question as to the authenticity of my statement, as I am aware that it is customary for the legal profession to recognize the validity of a veterinarian’s statements on behalf of their patient.
With respect to Brindi, please allow me to place her in context with the greater dog population in HRM from my point of view as a practicing veterinarian. In my practice, and in others across the province where I have worked, it is common (a few times a month) to have an appointment with a patient who is aggressive towards other dogs who must be scheduled for the first or last appointment of the day to prevent them from running into another dog and risking a fight.  It is also common to be confronted with a dog that is aggressive towards people that proves to be a serious health risk to me and my staff.  I am well trained and experienced in handling these situations. Beyond this, I have worked with several pet owners to help them modify their pet’s aggressive behaviour.
In my 2 years of caring for Brindi, I have never felt concerned for the personal safety of me or my staff. When Francesca brought her to my clinic in the summer of 2010, we never found it necessary to clear the waiting room before her entry.  She is a sweet, intelligent dog. Although she does need behavior modification for her territorialism, speaking as a veterinarian with a grounding in behavioural science, I would not deem Brindi to be a candidate for euthanasia. I have seen many dogs in my practice that in my view would pose a serious risk to public safety. I am not aware that HRM considers any of these patients a “dangerous dog” or that their owners have received any warnings or citations.
Francesca Rogier has been a good client of mine since November 2009. Whenever she brought Brindi to my clinic, Brindi was properly muzzled and leashed. Ms. Rogier has kept all of her pets in good health by feeding good food and allowing me to perform good preventative health care. She has kept her dog’s license up to date, as she renewed it in my office this past spring. She even brought in her friend’s 2 dogs to my hospital and paid for their veterinary care and licensing herself.
Ms. Rogier’s persistence in defending Brindi clearly shows her devotion and care that she delivers to her pets. I truly believe Ms. Rogier has the intent and ability to provide Brindi with the behavior training she needs to modify her territorialism. In addition, I have met and spoken with Susan Jordan, her trainer, and am aware she is well-regarded in the community of trainers and is equipped to handle behavioural modification. I am confident in her abilities.
I hope you find this statement instructive. If you have any questions for me please feel free to contact me (number removed).

Respectfully,

Kyra Larkin BSc, DVM


Dr. Larkin first examined Brindi in June 2010 at Belle Kennel, using her mobile vet clinic. I am extremely indebted and grateful to her for her dedication and commitment.
For the trainer's findings, go here

Affidavit Submitted to Provincial Court for Sentencing

Affidavit of Elizabeth Lindsay

I hereby affirm and give evidence as follows:

1.     I am Elizabeth Lindsay, a friend of Francesca Rogier, the Defendant in this matter.

2.     I reside at address withheld , Dartmouth, Nova Scotia.

3.     I have personal knowledge of the evidence sworn in this affidavit except where explicitly stated as based on information and belief. I state my belief of the source of any information I state herein that is not based on my own personal knowledge.

4.     I have been a pet owner in HRM for 30 years and am active in the volunteer and rescue community.

5.     In mid-June 2010, on or around June 10, I observed two of Francesca’s training sessions with Brindi at Belle Kennel in Porter’s Lake, which was conducted according to Court order. These sessions lasted for about an hour.

6.     During these sessions with Brindi, who I had not seen prior to these sessions, the dog impressed me as a friendly, good-natured animal weighing about 60 pounds. She responded to commands obediently and intelligently.

7.     Throughout the sessions, which took place in the pen designated for them, I was able to observe that Francesca was diligent and sincerely focused on completing the training as prescribed by court-approved trainer Susan Jordan.

Thursday, June 28, 2012

I want every person and every "sanctuary" to know....

that Brindi is not material for a sanctuary or rescue... she is a dog that has excellent obedient training, is smart, affectionate, gentle, and good. This has all been well documented and analyzed by trainers and vets and presented to the court in testimony and prepared reports.
All of the assessments found the same things, including the most recent assessment carried out on June 13 specifically for the purpose of this trial. Brindi is not "dog-aggressive". She is not food aggressive. She is territorial - to some dogs, not every dog. She ranks on the very lowest level of the scale of aggression, meaning Brindi seeks to communicate, not harm.
Typically, she reacts to a combination of the dog and the person with the dog.
Brindi needs work on one issue and one issue only.
That issue is very controllable now, and can be trained out of her.

She is not a dog that should be locked away for the rest of her life. So please do not imagine even for one second that this is an acceptable solution!

Brindi deserves a good home and all the love in the world!

STATEMENT ON THE DECISION OF THE PROVINCIAL COURT

Released to local media June 26, 2012  

By returning total and absolute control of Brindi’s fate to HRM, today’s court decision firmly establishes that HRM is not answerable to any authority.

How is HRM to feign a sincere decision between adopting Brindi out, or putting her down? Ever since HRM seized Brindi after an incident in which no one was harmed, HRM has insisted she must die. Yet it has not conducted a single behavioral evaluation on her, and showed no interest in the results of the ones I commissioned. In fact, HRM blocked and/or attempted to sabotage them. But it failed.

HRM’s record of denying due process and procedural fairness was made clear in the Supreme Court decision of 2009. Yet no individual was ever held accountable, nor did HRM change its ways by amending even a single law or policy. It simply dug in its heels, refused to return Brindi, and retaliated by laying charges against me for an event that took place six months earlier. The pattern continued unabated.

HRM failed again in Court some 16 months later. Then it declined to cooperate with an order to allow Brindi to be trained at the kennel. After they blocked it for a month, I had to appeal to the media before HRM would comply.

Monday, June 25, 2012

Legal Opinion on the Issues

http://freebrindi.blogspot.ca/p/legal-opinion-on-issues.html

Saturday, June 23, 2012

"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.

Monday, June 11, 2012

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


Titan, a pit bull, and a chow mix in the neighbourhood have fought each other several times.
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.

Saturday, May 12, 2012

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.
  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?


Monday, April 23, 2012

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


 

Tuesday, April 17, 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.

Thursday, November 3, 2011

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!"

Tuesday, June 1, 2010

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)


Saturday, May 1, 2010

Tuesday, April 20, 2010

Humane Halifax: "Andrew Krystal should just go away"

Response from Humane Halifax for Better Animal Control:

Andrew Krystal should just go away


Discussions on the case regarding Francesca Rogier and her dog Brindi are not “inane.” It is the opposite. 
This is a highly significant matter legally and to our community. This is not a case simply focused on the behaviour of a dog - a dog that happens to have caused no significant harm to anyone or anything! - or an owner's behavior, but involves the illegality of several municipal and provincial laws, the negligence of city employees and subcontractors, the dubious and exorbitant costs and actions of our city animal control/police and legal departments and the way that neighbours treat neighbours, as well as animals. It is already a precedent-setting case in administrative and animal law, due to Francesca’s win against HRM in the Supreme Court of NS, unchallenged by HRM. 
Francesca did “abrogate” what had happened to her - she applied to a court of competent jurisdiction, and that court used its authority to find and rule that HRM had passed a law that was in fact illegal, under which its employees committed acts that were never legal. These employees testified that they followed the procedural rules of natural justice, but the judge found that they did not.
In fact, the judge found that following the "triggering" incident on July 20, HRM animal control "special constables" failed to carry out a full and proper investigation 
before deciding to seize and destroy Brindi. Got that? They never spoke to Francesca to get her side of the story, and they never spoke to a third-party witness who saw everything - from ground level.
An actual investigation would have found that Brindi never made contact with a dog in that incident. 


Consequently, along with overturning that decision, the judge declared that the section of the bylaw under which AC Officer Hamm seized Brindi was never valid - because it violates Charter rights. I.e., it is unconstitutional.

The facts strongly suggest that animal control staff had already planned to kill Brindi the minute she came to their attention in previous non-injury - and one with a very minor scratch - incidents. No one could explain why they had issued Brindi a muzzle order for those incidents (the law sets out no criteria or standard - yet another flaw), 
and few, if any, officials or media ever asked about that. Animal control used the muzzle order to create the falsehood that Brindi is "dangerous", and worse, that under the law, a dog under a muzzle order must be destroyed if any incident happens - even non-injury incidents! The law says no such thing, and in fact, it only calls for a fine if the dog is seen without the muzzle off the owner's property.

The city's lawyers, though well aware of the falsehoods and deliberate misleading, did nothing to correct them. In some respects, they encouraged the mistaken beliefs, both in and out of the courtroom. Thus, they are at fault for both enacting an unconstitutional law, and fostering mistaken beliefs about its content.


Like Andrew Krystal, the councilors, city staff and mayor not only lack knowledge of the facts of the case. They seem to have little to no understanding of the laws they help enact, or details of the cases that are prosecuted based on them. They accept whatever they are told by self-interested, highly biased staff. This is a sad and shameful state of affairs that also shows the relative incompetence of our city government. 
Are these matters “inane”? Only if your main interest in life is getting home from work in time to see “Dancing With The Stars.” As for this case taking attention away from matters dealing with racism or treatment of the elderly - hardly. That is simply a ridiculous comment. News stories on both of those topics get heavy media coverage, as you well know, and the ‘Brindi‘ case has gotten very little media coverage, and what coverage there has been is largely superficial and misconstrued.
If you are saying that you believe “dog lovers” are neglectful of needy humans, that is also ridiculous. In general most people who show love and affection to animals are also the same ones who show love and affection to humans. Many studies clearly show the opposite: humans who are indifferent or hateful towards animals tend to be the same ones who often cause the worst harm to humans. It is interesting that you say it is a “shame” we can’t euthanize bad pet owners - so you are saying humans should be put to death for some vague idea of what might constitute bad pet ownership? This is a good example of how those who are indifferent to animals (“there are many things to fuss over and Brindi isn‘t one of them” - “down with the dog I say”) also often advocate needless violence towards them and humans. 

People do not have a pre-set limit on the amount and ability to care for multiple things in their lives - family, friends, acquaintances, co-workers, personal interests, causes and yes, pets. We are all capable of loving things in different amounts, in different ways, at different times. Most people also care more about what is close to their hearts then things not directly affecting them. Of course one will be more affected by what happens to a family member than by something not happening to one personally!!
As for “guarantees” - they do not exist in life, as much as you might wish they did. This is as true of animal and human behaviours as it unfortunately is of “warranties” and “insurance” and other great concepts that fall very short in practice.
In a court, decisions are to rely on facts as much as possible, rather than suppositions. Those accused or convicted are then given opportunity and are expected to accept responsibility for their actions by remedying any wrongs and make positive contributions to society. 
Simply killing anything or anyone does not solve a problem - it is actually an avoidance of solving a problem. There are cases involving animals where “euthanasia” may be a more appropriate emergency measure, say for an untreatably ill and suffering animal. Destruction of an animal may be warranted in an exigent circumstance to defend another life in danger. There are often more viable options in these circumstances as well. Neither of these situations even remotely apply to Brindi, who is a normally well behaved, well loved pet who simply needs further training to keep her close to home and how to deal with other dogs near her space. That’s it. 
The “history” of this dog does not include any kind of vicious attack on any dog and none whatsoever on any human. It is inflammatory to imply otherwise. If she hasn’t done that to date, why would she begin now? This case is not an example of the premise of “the good of the many outweigh the good of the few.”
Brindi is not a threat to public safety - that is a statement promoted by HRM to defend its mistakes, not a fact. 
Yes, Francesca has been convicted under laws that are widely considered to be inadequate and wrongful, and yes, she did make some mistakes as a owner. These ‘mistakes’ are terribly minor and easily corrected - and must be seen against the tremendous amount of work she put in to achieve the success she had with Brindi on the whole. She has been willing to accept responsibility and remedy the situation since July 2008. Responsibility for accidental events being, of course, a sort of impossible task.
A recent case of a dog that attacked humans took only ten minutes to resolve in Kentville's provincial court. Why was this case not resolved long before now?

HRM is directly responsible for this case developing as slowly and as byzantinely it has, by not owning up to their responsibilities and governing in the way that most of us expect them to. All the while, they've been allowing the SPCA to keep Brindi locked up - unlawfully! - in sub-par conditions for an unacceptable amount of time. 


These things are what a responsible journalist should be reporting on. Not simply letting loose his own uniformed, knee-jerk opinion. It’s a shame the public - and an innocent dog and beloved owner - must pay the price for irresponsible government and media, a shame we can’t just “euthanize” their irresponsibility and indifference.



-Betty Macdonald, Humane Halifax


        

Krystal Not Clear on Brindi: Time for Andrew to Catch Up

from the blog of Andrew Krystal, News 95.7 talk radio host of Maritime Morning 

Time to go Brindi
April 19th, 2010
“Brindi” the dog has been avoided as a story/topic by yours truly for its sheer inanity. There is simply more to worry about than a single dog. However, the animal has become a case in point regarding the caring priorities of some. I mentioned on the air that many people care more about animals than the civil rights of Black Nova Scotians or the plight of seniors who, in our culture, mainly sit warehoused and drugged and unloved in nursing homes and are visited only to the meagerest degree to alleviate the guilt of healthy, younger, offspring.
There are many things to fuss over and “Brindi” isn’t one of them.
Today, I relented and did the topic as I saw it not so much as about the affairs of a single dog but rather as more about how this animal has arrived as a symbol for how many folks emotionally operate: people care more about dogs than other people. On every level, this is wrong no matter how hard some bizarrely try to justify it: “people make their own bed, whereas animals are innocent”, etc.
My position, to the consternation of doggy do-gooders, was to end it. Down with the dog I say.
We heard on Friday that a decision on whether or not to euthanize the pooch will be heard at the end of the month. The owner was found guilty of letting the dog run at large, owning a dog that attacked another, and not complying with a muzzle order. For all that the prosecution (the city) is calling for the dog’s destruction and a one dollar fine.
Some say the dog is reclaimable and that under the loving hands of a dutiful trainer that the dog won’t bite anyone, or another dog. But, can that be guaranteed? What are the repercussions if a trainer leaves the dog to someone else, or doesn’t take care of it? What is the responsibility of the city when complaints against this animal have been registered? Once a dog mauls a child it is too late. How can the city look at itself in the mirror if yet another attack takes place when they already know the history of this particular dog?
Collective rights and collective responsibility toward them trumps personal grievance. The dog owner in question dealt with due process by abrogating it – failing the system. She was warned, edicts were placed on the animal owner, and rules were broken.
Because the system cannot euthanize bad pet owners, their pets instead have to pay the price.
That is the biggest shame.

No Responses to “ Time to go Brindi ”
  1. Francesca Rogier Says: 

    I am glad you are finally coming to this issue, though it’s not surprising that your points have been put forward so many times in the last two years. Frankly, you are adding little to the debate, and like many others, you are not only woefully uninformed (and misinformed) about the facts. You have also overlooked the fundamental legal issues at the bottom of this, including the fact that  seizures that violate Charter rights to private property and the right to due process. Why is it that this fundamental issue is constantly glossed over - why does no one even ask the question?

    No one even asks what exactly transpired in the incidents as reported - or bothered to notice that not one photo of a dog alleged to be injured by Brindi has ever turned up. Why is that? Because there was no injury worth photographing!!! 

    You, like so many, don't want any details. That takes too much of your time, I guess. You are simply content to recite the list of charges - belated charges - without knowing what lies behind them. How "at large" is "running at large", for instance? In this case, it's a matter of maybe two or three feet past the property line.

    You also seem unaware, Andrew, that at the very start that I - choosing to overlook the fact that the seizure was wrongful and unlawful in the hopes of getting my beloved companion back - offered to pay whatever fines HRM wished. This is important, because fines are what the by-law actually calls for (in such cases), not seizure and not destruction. I also offered to hire a private trainer, build a property fence, and any other reasonable measures HRM required, in order to get Brindi back.

    Not only did HRM ignore these offers. They did not even charge me with an offense or violation - not one - until six months after Brindi was (illegally) seized using an unconstitutional law. Charges were laid two days after the court ruled to quash that law - an hour before the six-month time limit ran out.

    Why didn’t they lay a charge earlier, say, at the time they seized my dog? I can think of one reason: any charge would have brought me to a judge within weeks, and I could have gotten my dog back right then, instead of waiting years. Instead, by conveniently withholding any charge, HRM forced me to hire a lawyer at great expense while "warehousing" Brindi, to borrow your word, for 21 months!!!  

    You have no idea of all this and more. Yet you feel entitled to be dismissive and rude about what is for us a terrible injustice and, I assure you, highly debilitating trauma of separation and isolation for human and canine. Even worse, though you belittle the entire matter, claiming you don't want to worry about it - you go ahead and take a hard-line position on it anyway. You want my dog to be killed - and clearly, not because of what she did, but rather, just so you don't have to hear anything about the matter anymore. And then you end your diatribe with a glib expression of sympathy for her! How shallow can you be?

  2. As far as public safety goes, I suppose it is pointless to say that the incidents never threatened anyone's safety. And though true, dogs are property, not beings with rights, the incidents never threatened a dog's life either. Furthermore, they were accidental events. It's a matter of abberations in an otherwise consistent pattern of good behavior. It is not irrelevant to point out that they did not lead to serious harm. More importantly, just to demonstrate publicly how seriously I take public safety, despite the objectively - and demonstrably - minor risks involved with my well-behaved dog, I have already put measures in place to prevent any future mishaps, with a fence and a private trainer at the ready. HRM has known this since August 2008 and likewise took no notice of it.

    And it so happens - you would know if you did some reading, or just looked at the photo of her at the SPCA; surrounded by women and an infant, all smiling - that my dog Brindi is not a threat to people, never was, and never will be. Halifax likes to kill dogs: 31 since 2007, all but two without a judge’s order (no charges laid). Of the over sixty-nine dogs at large that have attacked people or animals since 2007 whose owners were charged and went before a judge, HRM has only asked for a precious few to be put down - overlooking many dogs that attacked people multiple times. None of those cases compare in severity to Brindi, who never bit a human or seriously injured a dog. She is not a case that begs the question of whether she is "reclaimable"; she is rated as "extremely trainable". So why is Brindi on death row, then? Maybe because not enough people know enough about her - maybe because the media are unwilling to cover the story adequately?

    Instead, there is little more than superficial coverage, too many false assumptions, and a disproportionate worry about safety. In the scheme of things, we all know that nothing in life can be “guaranteed”, don't we? So it is patently unfair to apply such a rigid standard to dogs. Society abounds with multiple offenders: drug dealers, rapists, child molesters, drunk drivers. All have stood before a judge at one time and promised they would not do it again, and when they do it, they are not executed, but given due process and their rights are protected. But not dogs. Dogs have no rights, and their owners' rights are customarily violated, but nobody notices.
    The fact is that the city of Halifax made a terrible mistake, and it refuses to admit it. Maybe that is why we are still talking about Brindi: if she is killed, it would set a dangerous precedent, because it means any dog can be destroyed for any reason. The many people out there with dogs with similar or worse behavior know this, and that is why they are so concerned about this case.
    Still, perhaps you don’t care about these things, and that’s fine. But consider this: society is very hypocritical when it comes to dogs. They are belittled as “just dogs” when somebody wants to save one, yet depicted as a savage threat that must be eliminated when it comes to a dog that scuffles with another dogs - as dogs are wont to do, being animals that communicate with their bodies.
    The disapproval and disdain on the part of some is not in sync with the culture. Need one remind you of the enormous value dogs freely give to human health, safety and welfare, not to mention that they provide Hollywood with billions of box-office profits? When you talk about dogs, you are not talking about loaded guns. When you put down people who love dogs, you are not talking about a lunatic fringe. The New York Times recently noted that over 70% of dog owners are more attached to their dogs than to their romantic partners. It is wrong and unfair to conclude, however, that their love for their pets precludes them from liking people. That’s just another way to marginalize and dismiss what is in fact a majority of people who love their dogs - a pretty sizable chunk of the population, nearly half of HRM, in fact.
    And again, let’s put this into context: in 2007, 36 Canadians died from lighting strikes and only 2 died as a result of dog bites. The low, nearly insignificant position of dog bites on the list of causes of violent/accidental death is probably why a much larger city like Boston does not employ “euthanization” in its animal control politices. So while I am the first to say that owners must control their animals, I can't  help but wonder why you choose to focus on this as if it were a serious threat to humanity rivaling terrorism.
    [Note: In the past year, I have corresponded with Andrew Krystal on a few occasions when he replied to a press release, sometimes to ask that they cease, but never unfriendly.] 

    Addendum: 
    Krystal says, "Collective rights and collective responsibility toward them trumps personal grievance. The dog owner in question dealt with due process by abrogating it – failing the system. She was warned, edicts were placed on the animal owner, and rules were broken." Yes, and when rules are broken, the law calls for fines. Period. 
    The collective does not always trump the individual - if that is what you mean by "personal grievance" - when it comes to property rights. Not that this even applies in cases like Brindi. Broken by-laws call for fines as penalties, not death and destruction. And there was NO due process for me to deal with, let alone "abrogate", so that notion is quite illogical. The system failed me and my dog - and the community. That is the point. I had to try three strategies at great expense, I won, and my dog was still kept by the city, illegally. The same is true of two other dogs now in the pound. Is the city safer? Not really, since a tiny number land on death row, while since 2007 alone, there are over 60 dogs at large that have proven more of a risk, and qualify as dangerous, but were never candidates for destruction by HRM.  
    You may choose to look down your nose at people with dogs, be intolerant of mistakes, accuse them of being uncaring about people, even try to guilt them into being responsible for racism or the neglect of the aged, but you have nothing to base it on, do you? It's just a cheap and shallow jab; begs the question not only of proof, but whether you truly believe people are one-dimensional, incapable of caring about more than one cause or one being. Insulting or ignorant, either way, your disapproval and disdain comes across loud and clear in your statements. But as I pointed out above, it's not very well-grounded. 
    To be frank, though, it matters little whether you like people who like dogs. The fact is, they are certainly not responsible for solving all the world's problems. Nevertheless, they often help solve them through their dogs. It's your loss, in my opinion, to be so disapproving that you set up false oppositions at such a scale. Unlike you, I am not willing to miss out on a universe of unconditional love that spreads outward, a source that keeps so many people going, especially people who are hurting, discriminated against, in need of healing. The very people you worry about and claim that dog owners neglect - many of them own dogs and turn to them for solace. Ever think about that? And they are very frightened at the prospect of having their dogs taken without warning.

    The bottom line is, if you don't understand the law, you have no right to make such damning statements about anybody. The law matters, and it matters that you get it straight. But your post shows that you do not understand the law at all, let alone the facts of this case. f you wish an explanation, I would be happy to give it. I have explained the legal aspects many times in this blog. It has several parts, but it begins with the right to be heard when the "collective" wants to destroy private property - and under the law, dogs are, among many other important things, property. Owning property is a fundamental right; the entire system revolves around that. 
    When offenses are committed, property is not automatically destroyed. "Because the system cannot euthanize bad pet owners, their pets instead have to pay the price." You say this as though it is a. the way the law actually works, and b. the way it should work. I disagree vehemently with b., and a. is simply not the case. In all animal control by-laws, offenses committed by an owner are handled separately from the issue of whether a dog is dangerous. So one should never lead to the other - a guilty charge alone, or even three, is not sufficient grounds to euthanize a dog. And this is the case here. 
    In cities like Vancouver and Boston, a dangerous dog is roughly defined as a dog that seriously injured or killed a human or another animal, and is untrainable; many laws seem to follow that with "any dog that an officer has reasonable grounds to believe is dangerous," etc. Boston does not seek euthanization, ever; at worst, an owner is forced to remove their dog from the city, but before that, there is an option to undergo training. 
    In Halifax, the definition of  "dangerous" is extremely broad (s. 2(1)(g) of A-300), and almost any dog can be classified as such. 
    (g) “dangerous dog” means any dog which:
    (i) attacks or demonstrates a propensity, tendency or disposition to attack
    a human being or animal either on public or private property;
    (ii) has caused injury to or otherwise endangered the safety of a human
    being or animal;
    (iii) threatens any human being or animal;
    (iv) is owned or harboured primarily or in part for the purpose of dog
    fighting;
    (v) is trained for dog fighting; or
    (vi) is a dog for which a muzzle order has been made;
    provided that no dog shall be deemed a “dangerous dog” solely because it
    attacks or threatens a trespasser on the property of its owner, harms or
    menaces anyone who has tormented or abused it, was at the time of its
    aggressive behaviour acting in defence to an attack from a person or animal,
    acting in defence of it’s young or is a professionally trained guard dog for law
    enforcement or guard duties;

    Now, I could add that two of Brindi's encounters were with dogs that had been aggressive to her on recent occasions, lunging, barking, and growling at her. Dogs remember one another; with their sense of smell, they are even better equipped than we are to remember. So the final clause might be reasonably applied to Brindi's behavior. But she can also be trained not to react that way in the future, with the right training. 
    And when it comes to socializing with people? Please! We spent New Year's Eve 2008 with a friend and her family, sat at the kitchen table with the matriarch, who insisted she was deathly afraid of dogs. Within a short time, Brindi was calmly laying at her feet, where she stayed put the rest of the evening. The woman felt secure and safe. Kids would run up and throw their arms around Brindi to hug her, and she never budged an inch, never even licked them. She was gentle and not easily spooked, even during excavation work on my house. 
    HRM's high kill rate is puzzling, given that under A-300, it is legal to own a dog that was deemed dangerous and even registered as such. Is that just a front? To date, Halifax has not registered Brindi in that category, though I renewed her license twice since the seizure. Even more puzzling, during his testimony, the animal services officer denied he ever deemed Brindi dangerous. Why? And why seize her, then?)
    The fact is, my dog is very well-behaved and well-liked by those caring for her. See for yourself in the video; read the affidavits. I worked hard on her behavior to make her a great dog to have around, obedient and affectionate, and she was/is. Her unwelcome behavior occurred infrequently and was short-lived. It requires specialized training, and unfortunately, I received different advice from the trainer on how to deal with it. Why believe me? Read the letters
    Whether you credit me for having done my best and made a few mistakes that did not lead to great harm, you cannot say that Brindi is a dangerous dog, which is the issue at hand. That is indeed HRM's chief concern, public safety, not whether I am guilty of anything. Apples and oranges. In fact, the city took her without ever having laid charges, and until the supreme court said no, it was prepared to kill her  without ever charging me, which is proof of the split within the law. The truth is, and HRM made this plain to a judge, they only charged me because their goal was to euthanize, and the only available means of euthanizing her was to parlay guilty charges into a court order. This was now necessary because the supreme court quashed section 8(2)d of A300. ("Euthanize" is the wrong word, of course; "destroy" is more accurate.) 
    As a case unfolds, the system blurs the distinction between penalty and public safety, thanks to a provincial law that links one to the other, section 177 of the Municipal Government Act, which is titled, "Additional Penalty." 
    Furthermore, the city is handling this case unlike the way it has the majority of dog attack cases, many involving attacks on humans. These are documented and compiled for your perusal. They were extracted from HRM online records. If you want to see prosecutions of all dog-related offenses since 2007 to compare, you can see them here. These ought to raise your eyebrow, at least halfway. If not, I can tell you a few hair-raising stories, I promise. 
    That is, if you are willing to see more than black and white when it comes to dogs. It would be a shame if you weren't. If your goal is simply to stir up controversy - well, you're a bit late, Andrew, don't you think? 
    Facebook response to Andrew Krystal from a Calgary resident:
    Maureen Hurly
    "Inane”? Stories about sports teams and celebrities are “inane”; not matters of life and death.
    Compassionate people care about all life and all suffering. Ever since I can remember, as a very young child, I cared a lot about animals. I couldn’t understand why so many other people really did not. After all it was obvious to me that they had feelings and could suffer greatly.

    When I grew up I felt I wanted to make a positive impact on the world and I trained and worked as a social worker in fields such as child welfare and probation services. I am now a stay at home mother but actively volunteer in my community at an animal shelter, a senior’s home and at a food bank. I don’t see why you are trying to imply that people who care about animals don’t care about people. I have found the reverse to be true in all the wonderful people I have met over the years. Empathy and compassion are character traits that are not turned on or off depending on which species you are dealing with, or with which race group or gender or other population group, for that matter.
    I do care about Brindi and her owner as I feel this case has been handled in an unjust manner. Brindi has been evaluated by three different animal trainers, none of whom thought she was aggressive and all of whom believed she was trainable. The SPCA staff, where Brindi was held for most of the past 21 months, became attached to her and let her walk around the SPCA property and sleep under their desks. They do not believe she is dangerous, and did not muzzle her. In fact, I saw a photograph where they even held a birthday party for Brindi. In the photo she is surrounded by people including a toddler, and she is not wearing a muzzle.

    The incidents which got Brindi into trouble occurred along her property line where she showed territorial behaviour towards passing dogs. This is behaviour that should be rectified, and apparently it is correctable with training. In the various scuffles between Brindi and passing dogs, no other dog was seriously hurt. To my understanding, one dog received a small tooth puncture mark, but that was it for injuries. Brindi is just not a killer dog. She has never attacked a person, and there is zero reason to believe she ever would (well, no more reason than believing any other dog would; contrary to your question about “guarantees”, nothing in life is ever guaranteed. Even though I have never hurt anyone before, no-one else can “guarantee” I won’t go on a homicidal killing spree tomorrow. And what of the known criminals who are released from prison daily with no guarantee that they will not re-offend?) Contrast Brindi’s case - scuffles with other dogs, no serious injuries, no threats to humans ever- with other cases in Halifax where dogs who have actually bitten people or killed other animals have not been siezed by bylaw, and the owners have merely been fined, and you can surely see the injustice. In Brindi’s case, HRM actually hired a private law firm at a cost (I’m guessing) of tens of thousands of dollars to kill a much loved dog who no-one really believes is dangerous!
    I discussed this case with a bylaw officer in my own city (which incidentally is a city with a reputation for having a very low rate of dog attacks). He had already heard of this case, and was extremely perplexed by the way a “dog bites dog” case (his description) has been handled by Halifax.
     

    At the very least, people who do not like animals but claim to care about people, should consider the hell Ms Rogier has been through the past 21 months and feel compassion for her. It may be hard for people who do not care about animals to understand, but to her Brindi is her family member and she loves her and is committed to her. She has offered all along to do whatever it takes to get Brindi back - from the beginnning she has offered to pay fines, get training, build a fence etc. The City of Halifax has been rigid in their refusal to negotiate. I, along with thousands of others who are following this case, and who do not regard it as “inane”, hope that the judge sees that a death sentence for Brindi is not appropriate in this case, and that Brindi gets another chance at life.
    April 20, 2010