Here is where Brindi has been kept for the last two years

This is Brindi's cell. It is a 3x4 foot area - less than the minimum standard of 3x5 for indoor runs used by vet clinics, required even for stays of just one day. The thought of the minimum standard for two years is not very comforting! I don't know what that material is, but looks pretty dreary and worn. I don't know about the door, it seems to go right to the outside. What happens when it rains or snows or a cold wild blows and she wants to stay in, no idea. 

The amazing stubbornness of stalkers and haters: a rant for once

At every stage of the way, regardless of the number of unfair and cruel actions of various authorities and agents, a crazed core of strange people manages to weave them into a twisted narrative that makes me the villain. Safe in their internet hideouts, these obsessives now insist I am now blocking the city from adopting out Brindi.

The emails from prosecutor Katherine Salsman I posted weeks ago make it very clear that HRM had not done the court-ordered assessment, nor made any decision about Brindi by the appeal deadline. The only decision it made was to keep the results of said assessment private. It had no intention of doing anything, however. 

So while the idea that I am blocking is ridiculous, it's all the more astounding just how persistent these people are. No matter what happens, no matter how absurd the spin. I guess they count on a certain percentage of people who rarely think for themselves, or try to discern fact from opinion.  The litany of untruths, some hatched as far back as 2009, get pretty threatening in this age of Google. Fortunately most people see them for what they are and go on their way.

My house is not a home.

Brindi and me, seen through the fence at the SPCA Shelter, which served as the Halifax pound, 2010.
According to rules invented on the spot (no official policy existed or was ever adopted by the HRM council), my visits were limited to 30 minutes once a week, on a day and time set by HRM; I could take no photos, not talk to staff; have no friends accompany me, give my own dog treats, and if I was late for whatever reason, they subtracted the time from the 30 minutes.
Even though there was (and is) no law or rule in place forbidding owners from visiting their dogs in the pound, Halifax refused to let me see Brindi for ten months, barring a single, torturous visit in January 2009, right after the court decision quashing the euthanasia order. At the time I believed she'd be let go in a few days, but it was neverthless horrifying to see her condition and horrible to have to leave her 25 minutes later, after freezing in the subzero weather (they wouldn't let us visit indoors). It wasn't until ten months after they took Brindi away from me that I was allowed regular visits under the same strict rules mentioned above. Then, HRM terminated the visits, just before Xmas 2009, on a claim that I had violated the rules. Which ones and when - forget it; there's no impartial review anyhow. The decision more or less coincided with the onset of Brindi's illness, when it was difficult to get precise medical information. Thanks to that, and the court's insistence that it didn't have jurisdiction to grant visits, I didn't see my dog for another six months.
As of today I haven't seen her for almost two years. Fortunately, I was able to have my vet see her at the clinic on a fairly regular basis, and her assistant took photos. Here's one of the last shots, from June 20. You can see how much she's aged. That probably happens faster when a dog is kept in a cage, I suppose. I know I've aged a lot more than four years.

Meanwhile, I have posted the trainer's recent assessment results, along with her statement to the court. And you can read her in-court testimony here.


"Once you have had a wonderful dog, a life without one is diminished." - Dean Koontz 

Appeal filed Aug. 1: another marathon begins

The reason the judge told HRM that they must wait to take any action until after August 1 was because that was the last day to file an appeal of any kind before the Supreme Court.

I dearly wish it weren't so, but the outcome of this trial was a very odd twist, not what the law envisages, and certainly not what anybody I know expected. The judge waited till weeks after the trial was finished to deny motions I filed before it started and mid-stream: one to dismiss the charges on constitutional grounds, one moving to dismiss evidence as inadmissible, and a motion declare a mistrial. Motions to dismiss are heard before trials begin, and usually decided on the same day. Mine was to be heard orally on March 2. Instead, I ended up filing it in writing, and it was never argued in the courtroom.

The other motions were handled in similar fashion; written arguments were never even completed for them.

Trying to find out what Halifax is up to: it's not easy!

From: Francesca Rogier

Date: Thu, 26 Jul 2012 15:24:55 -0300

To: "Salsman, Katherine"

Cc: "MacDonald, Andrea", "Scolaro, Lori", (the court clerk; Animal Services; David Hendsbee; the vet; the trainer; Mayor Kelly; legal consultant Kirthi Jayakumar)

Conversation: Awaiting response to July 23 email: HRM's plans for Brindi?

Subject: Re: Awaiting response to July 23 email: HRM's plans for Brindi?
Ms. Salsman,

Thank you for your reply.

Would you kindly explain what is meant by “usual practice”? Other than the evaluations of stray dogs by and at the city pound, I am not aware of any practice or policy by which HRM regularly assesses seized dogs. If such a practice exists, surely HRM would have had Brindi evaluated some time ago, but I never received any such documentation as part of disclosure.

Clearly we are not dealing with anything of a usual nature in this instance, at the very least. So I would still like an answer as to why the assessment results will not be made known.

Also, when do you expect a decision will be made?

Thank you,
Francesca Rogier   

From: "Salsman, Katherine"

Date: Thu, 26 Jul 2012 17:59:55 +0000

To: Francesca Rogier

Cc: "MacDonald, Andrea" , "Scolaro, Lori"  

Subject: RE: Awaiting response to July 23 email: HRM's plans for Brindi?

---

Ms. Rogier,  

As previously stated, the assessment will not be released because it is an internal document. It is not our usual practice to release documents of that nature.

The assessment has not yet been completed and therefore no decisions have been made.

Katherine E. Salsman

Municipal Prosecutor  

HELP SAVE BRINDI - LIST OF CONTACTS

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LIST OF CONTACTS

TELL THEM: HALIFAX MUST NOT KILL BRINDI!

·      Please contact often and be sure to ask for a reply.

·      Send photos of Brindi with them if you can (download from the blog or Save Brindi).

·      Calling them, if you are able, and using regular mail or postcards is very powerful.

·      For emails, try to avoid using Brindi in the subject line because many of them just dump them!

·      ALSO IMPORTANT: To be more effective, please cc all messages to the media. See list below.

THANK YOU!! 

Halifax Regional Municipality (HRM)

Website: http://www.Halifax.ca

Address:          Halifax  City Hall

1841 Argyle Street, Main Floor

PO Box 1749

Halifax, NS B3J 3A5 Canada

Mayor Peter Kelly: kellyp@halifax.ca

phone: 001 902 490 4010

twitter: @mayorpeterkelly

Head of Halifax Legal Services: Marian Tyson tysonm@halifax.ca

Municipal Prosecutor: Katherine Salsman salsmak@halifax.ca

Manager of HRM Animal Services: Andrea Macdonald macdonaa@halifax.ca

Supervisor of Animal Services: Lori Scolaro scolarl@halifax.ca (she issued the original euthanasia order)

HRM Animal Services

P.O. Box 1749

Halifax, NS B3J 3A5

Phone: 001-902-490-7371 or 490 1791

Fax: 001 902 490-6142

Homeward Bound City Pound

Website: http://www.citypound.ca

Address:             201 Unit 9 Brownlow Avenue,

Dartmouth, NS B3B 1W2

Tel: (902)407-SAVE (7283) Fax: (902)406-8588

Homeward Bound Owner/Director: Hope Swinimer email: hopeswinimer@accesswave.ca

HRM MUNICIPAL COUNCILORS: see Halifax.ca for full information.

Brindi’s local councilor is David Hendsbee.

Website:http://www.hendsbee.ns.ca/contact.htm

Mobile:     1 902.483.0705

Home:      1 902.829.2465

Mailing Address: 1 Chamberlain Drive, Dartmouth, NS B2Z 1B1

Email addresses for all municipal councilors: harveyb@halifax.ca, adamss@halifax.ca, barry.dalrymple@halifax.ca, brad.johns@halifax.ca, darren.fisher@halifax.ca, David.Hendsbee@halifax.ca, sloaned@halifax.ca, humd@halifax.ca, jennifer.watts@halifax.ca, karsteb@halifax.ca, lorelei.nicoll@halifax.ca, mcclusg@halifax.ca, mosherl@halifax.ca, outhitt@halifax.ca, peter.lund@halifax.ca, rankinr@halifax.ca, streats@halifax.ca, smithj@halifax.ca, utecks@halifax.ca, walkerr@halifax.ca, wilema@halifax.ca

Twitter addresses for some councilors: @barkhouse @downtowndawn @councillorwatts @darrenfisherns

PROVINCIAL AND FEDERAL OFFICIALS

Attorney General and Minister of Justice: Hon. Ross Landry

Email: justmin@gov.ns.ca

website: http://www.gov.ns.ca/just/minister.asp

Minister of Municipal Affairs: Hon. John MacDonnell snsmrmin@gov.ns.ca

website: http://nslegislature.ca/index.php/people/members/John_MacDonell/

Service Nova Scotia and Municipal Relations

1505 Barrington Street

Halifax, Nova Scotia B3J 2M4

Phone: (902) 424-5550

Fax: (902) 424-0581

Member of Parliament for Halifax/Eastern Shore: Peter Stoffer stoffp1@parl.gc.ca

website: http://peterstoffer.ndp.ca/

Community Office:

2900 Hwy #2

Fall River, Nova Scotia, B2T 1W4

Tel: 902-861-2311 or toll-free (NS only) 1-888-701-5557

Fax: 902-861-4620

Ottawa Office:

Room 242 Confederation Bldg.

Ottawa, ON K1A 0A6

Tel: 613-995-5822Email: stoffp@parl.gc.ca

Member of the Provincial Assembly (MLA), Eastern Shore: Sid Prest sidprest.mla@ns.aliantzinc.ca

Website: http://nslegislature.ca/index.php/people/members/Sidney_Prest/

7907 Hwy #7, Unit 2

P.O. Box 6

Musquodoboit Harbour, Nova Scotia

B0J 2L0

Phone: (902) 889-2112

Fax: (902) 889-3190

E-mail: sidprest.mla@ns.aliantzinc.ca

For all MLAs: http://nslegislature.ca/index.php/people/addresses/

IMPORTANT: To be more effective, please cc all messages to the media.

Local media: news957@rogers.com, radionews@halifax.cbc.ca, Eileen.McInnis@CBC.CA atlanticnews@ctv.ca, news@ctv.ca, jackie.foster@ctv.ca, marnoon@cbc.ca, cbcns@cbc.ca news@globaltv.com, newsroom@herald.ca, letters@herald.ca, editor@herald.ca, Rick.Howe@rci.rogers.com, mileshowe@hotmail.com

Local media on Twitter: @cbcns @cbcmainstreet @maritimenoon @jordimorgan @theRickHoweShow @news957 @chronicleherald @twitcoast @tim_bousquet @openfileHFX @HalifaxMagazine @HalifaxNSNews @nealozano @CKDU881FM

National media: CBC radio and TV, CTV, Global TV, National Post, Globe and Mail

OTHER LOCAL TWITTER ACCOUNTS:  @hfxnovascotia @halifaxtweeters @occupyns

NOTE: Contacting individuals directly and often brings better results than online petitions. We have done petitions over and over, the last total was 10,000 signatures, but the judge and the city ignore them! Belfast ignored nearly 200,000 signatures on petitions for Lennox, sadly!

Alarm bells: Halifax signals all things Brindi are secret from now on

On June 26, the provincial judge turned over all control and rights to my dog Brindi to Halifax - the very city that has wanted to kill her since July 2008. That June, animal services officials had arbitrarily muzzled her, then told me about a law allowing them to seize and destroy her without any further ado if she was reported for anything, including not wearing her muzzle even accidentally. They seized her on July 24, 2008, after exactly that unfortunate thing happened four days earlier: she accidentally got loose for about 20 seconds, without causing injury to anybody.

There is no law in Halifax mandating seizure and destruction of a dog under a muzzle order merely for being off its property without the muzzle on. The supreme court later quashed that euthanasia order, but Halifax didn't return Brindi. And the city never held anybody accountable for those boldfaced lies, either.

It's no exaggeration to say that both of our lives were ruined that sad day. Many times over, in fact.

Last month, after prolonging Brindi's already lengthy stay in the pound by nearly four more months (on top of 18 months since the 2010 seizure), and after I put together a very strong case for Brindi's release, bolstered by the trainer's excellent testimony, Judge Buchan gave carte blanche to Halifax officials, saying they should do their own usual" assessment on her, and after August 1, they are free to decide for themselves what to do with her. (For some strange reason the prosecutor told the media the date was August 21 - not sure what that was about.)

During the trial, the prosecutor argued - as always - that there was only one option for Brindi: death. Somehow the judge ignored this consistent position, as well as the fact that Brindi has been assessed positively many times already. The most recent one was carried out on June 13 by behavioral consultant Susan Jordan; her report lay on the judge's desk.

Now the municipal prosecutor, 2009 law school grad Katherine Salsman, tells me that the results of Brindi's assessment will be in an "internal document". In other words, she will not share the results with me or the public. After two days puzzling over this, I came to the alarming realization that it must mean the city is planning to keep secret what they ultimately will do with/to Brindi a secret.  And that they must have decided to have her killed.

So the only reason for these officials to keep their decision a secret is if they plan to kill her. This would not be a surprise, as Halifax officials have wanted to do since 2008, and spent an inordinate amount of money trying. But it is extremely dismaying news, and everyone should take notice.

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.

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.

Legal Opinion on the Issues

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