{"id":15865,"date":"2016-10-05T15:12:34","date_gmt":"2016-10-05T19:12:34","guid":{"rendered":"http:\/\/kb.webitgarage.ca\/a-first-victory-the-superior-court-orders-a-stay-of-the-montreal-by-laws-provisions-targeting-pit-bull-type-dogs\/"},"modified":"2018-06-10T23:15:50","modified_gmt":"2018-06-11T03:15:50","slug":"a-first-victory-the-superior-court-orders-a-stay-of-the-montreal-by-laws-provisions-targeting-pit-bull-type-dogs","status":"publish","type":"post","link":"https:\/\/www.spca.com\/en\/a-first-victory-the-superior-court-orders-a-stay-of-the-montreal-by-laws-provisions-targeting-pit-bull-type-dogs\/","title":{"rendered":"A First Victory! The Superior Court Orders a Stay of the Montreal By-Law\u2019s Provisions Targeting \u201cPit Bull Type Dogs\u201d"},"content":{"rendered":"

\"spca-lawyers_cbc2\"<\/a>Montreal, October 5th 2016<\/b> \u2013 Today, the honourable Judge Louis Gouin of the Quebec Superior Court rendered his decision in the lawsuit opposing the Montreal SPCA and the City of Montreal concerning the new animal control by-law. Agreeing with the Montreal SPCA, he ordered the suspension of the sections of the by-law targeting certain breeds, namely those prohibiting the adoption of \u201cpit bull type dogs\u201d and requiring these dogs to be muzzled.<\/p>\n

Following Monday\u2019s hearing at the Montreal courthouse, Judge Gouin ruled that the contested provisions of the by-law raise serious legal questions which the Court will need to consider in greater depth, but in the meantime, the urgency of the situation is such that a stay is required. The Judge namely invoked the elasticity of the definition of the term \u201cpit bull type dogs\u201d, which, by including mixes of the targeted breeds as well as dogs who physically resemble these, is so vague and imprecise that neither the Montreal SPCA, nor dog owners are able to determine exactly which dogs are covered. The Court also raised the possibility that the City of Montreal had exceeded its powers by providing for the seizure and euthanasia of \u201cpit bull type dogs\u201d, without consideration of whether the targeted animals are, in fact, actually dangerous.<\/p>\n

The suspension of the by-law\u2019s problematic sections is temporary, until a hearing can be held on the merits, at which time the Superior Court will consider the legality of these very sections. The dates for this hearing have not yet been determined, but it could take several months for the case to be heard.<\/p>\n

\u201cThe fight is far from being over, but we are very pleased with this first victory\u201d states Sophie Gaillard, lawyer for the Animal Advocacy Department of the Montreal SPCA. \u201cWe are particularly delighted to be able to continue finding adoptive homes for all of our healthy and behaviorally sound dogs, regardless of their physical appearance.\u201d<\/p>\n

The Montreal SPCA is represented in this case by Me Marie-Claude St-Amant et Me Sibel Ataogul, two partners at Melan\u00e7on, Marceau, Grenier et Sciortino, senc.<\/a> who also sit on the board of directors of the Association des juristes progressistes<\/i><\/a>.<\/p>\n

For more information on breed-specific legislation, visit www.saferkindercommunities.com<\/a><\/p>\n

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Media contact:<\/b>\u00a0Anita Kapuscinska, Communications Manager, Montreal SPCA, 514 656-2760, or\u00a0anitak@spca.com<\/a>.<\/p>\n

About the Montreal SPCA
\n<\/i>Founded in Montreal in 1869, we were the first animal welfare society in Canada and our mission is to:<\/p>\n