AFTER 3 YEARS, BRINDI IS STILL A HOSTAGE IN A SHELTER IN HALIFAX, NS !!

  • by: CAROL WATERMAN
  • target: Minister of Justice Ross Landry (Hon. Ross Landry); Minister of Municipal Affairs  (Hon. John MacDonnell);  Mayor Peter Kelly; Honorable Judge Buchan of the Dartmouth Provincial Court

The trial for Brindis owner, Francesca Rogier, has been postponed until March 2 and March 16, 2012.  Postponement was due to an unfortunate injury to Francescas hand, just prior to the trial dates which were set for November 2011. Sadly, Brindi remains incarcerated. Please continue to circulate the petition and send your letters to the persons mentioned below.  Thank You.


In March,  Francesca Rogier, will be put on trial for by-law infractions stemming from a minor scuffle with a dog in front of her house on September 14, 2010. The dog was not seriously harmed. She is now fighting Halifax lawyers a third time for her dog s life, without legal representation.   Francesca still needs your support and prayers.
 

Provincial law empowers both of The Minister of Justice and The Minister of Municipal Affairs to intercede in a case being prosecuted by the Halifax Regional Municipality and drop charges or stay the proceedings or stop them from going beyond the charges to ask for an order to put Brindi down.



Please write and/or call them to say this. Use the bullet points below for other arguments to make.

Nova Scotia Department of Justice

Minister of Justice Ross Landry:

Hon. Ross Landry justmin@gov.ns.ca

5151 Terminal Road, P.O. Box 7

Halifax, Nova Scotia B3J 2L6

Phone: (902) 424-4030


Minister of Municipal Affairs:

Hon. John MacDonnell

snsmrmin@gov.ns.ca

Phone:  (902) 424-5550
Fax: (902) 424-0581
Toll Free: 1-800-670-4357

Mayor Peter Kelly  kellyp@halifax.ca



BACKGROUND

In this case, Halifax is seeking a court order to kill Brindi as an additional penalty. This is a repeat of the first trial in 2009-2010, in which her owner was charged for three by-law violations, but not until six months after the event, and immediately after the city lost its case in supreme court, but refused to return Brindi.    Brindi s health has suffered from three years of confinement, and her owner has lost a considerable amount of money, her life put on hold.

DOG LAW MUST BE ENFORCED USING REASON AND DISCRETION

* Cities have a role to insure public safety, but within reason: they must also treat dogs and owners fairly.

* By-law infractions are minor offenses that are meant to be fined.

* Killing a dog is not a fair or moral penalty for any by-law infraction.

* If a city seeks to kill a dog it says is dangerous, it must present proper grounds. It must have proof that it has attacked with the intent to kill or do serious harm.

* Dogs that fight dogs are not necessarily a threat to public safety. Dogs are not part of the public. If they were, they would have rights!

* Dogs typically fight dogs as a way to establish dominance. It is no indication they will attack humans. And dogs can be trained out of this behavior.

* Fatalities due to dog attacks rank very low on the list of causes of accidental death and injury. They are not even among the top fifty.

UNFAIR TREATMENT OF DOGS AND OWNERS IS NOT ACCEPTABLE

* Cities should be held to a consistent standard that is in keeping with their usual enforcement of the by-law.

* Halifax decided in 2008 to muzzle, then seize and destroy Brindi, fully aware that she had never attacked a person and had not injured dogs at all, except for one minor injury that was treated with first aid.

* Halifax s decision to kill Brindi was thus way out of line with its customary enforcement. Its decision to seize Brindi once again is not only cruel and unusual punishment itself, but also in stark contrast with its handling of a recent case of a pit bull that attacked a woman in the throat and face.

* The city has never had Brindi s behavior evaluated professionally. It will not be bringing an expert witness to the stand next week.   An animal control officer will testify, but she is not qualified in dog training and behavior.

* Clearly Halifax is not pursuing this case in the interest of public safety.


BOTTOM LINE: BRINDI IS NOT A KILLER AND MUST NOT BE KILLED !!


* Brindi was evaluated by several trainers and behaviorists at the request of her owner. None of these deemed Brindi dangerous. They regard her as territorial, and suggested more training. 

* Brindi s owner, Francesca Rogier, observed all court-imposed conditions for Brindi s return.

* The conditions are: following a muzzle order, building and maintaining a dog run, and doing further training.

* The conditions were identical to the conditions she originally offered to the city in 2008, but were met with no response from the city.

* The incident leading to Brindi s second seizure and third year behind bars was an accidental event. Freak accidents do happen: people should not be punished for them by the destruction of a beloved family member.

* Moreover, the incident was no more serious than previous incidents. Like those, it occurred on or near her property  -  i.e. at most, a few feet from the boundary.

* Brindi simply needed more time to readjust to her surroundings after being locked up for two years without contact with other dogs.

* Francesca worked with trainer Susan Jordan. She did more training that was required and continued after Brindi was released, not because a court ordered it, but because she wanted Brindi to be as perfect as possible.


We the undersigned urgently plead for the well-being and liberty of the dog Brindi, a seven year-old mixed-breed female. For over three and a half years, the Halifax Regional Municipality has kept Brindi in the city pound. Already thwarted twice from putting her down, it continues to seek a court order to euthanize her. Her psychological and physiological health are at risk, and for the last two years she has been suffering pancreatitis and dental disease due to the ill effects of her confinement.

We ask for empathy and compassion from the honorable Judge Buchan of the Dartmouth Provincial Court: please do the honorable act of allowing Brindi to be released to her home and loving family.



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