Quebec Court of Appeal to rule on suspension of Montreal pit bull ban

The SPCA and the City of Montreal are now waiting for a decision by the Quebec Court of Appealon whether the temporary suspensionof the city's pit bull ban will be upheld.

Soon after the bylaw was passed, the SPCA successfully fought for a temporary suspension of the clauses dealing with pit bull-type dogsin Quebec Superior Court.

In JusticeLouis Gouin's decision, hefound the provisions dealing with pit bull-type dogs raised numerousred flags andmerited further review.

A few days later, the city announced it would appeal thesuspension, with Mayor Denis Coderre saying the city won't give in to "threats or interest groups."

• MontrealSPCAthreatens to end dog-control services over pit bull ban

Suspension too long, city argues

Three justices,FranoisPelletier,ManonSavardandJean-Franoismond,heard the city's arguments that, according to Civil Code procedure, Gouinerred in granting a suspension that was longer than 10 days.

City lawyer Claude Marseille argued that because the temporary suspension was granted so quickly, city lawyers did not have time tofully mount their defence.

"If you asked me to score on Carey Price, and you tied his arms behind his back and took off his pads, I could score a goal or two," said Marseille.

The SPCA's lawyers, Sibel Ataogul and Marie-Claude St-Armand, argued the city's lawyers did have sufficient time to make their case and are now trying to make arguments they failed to raise before the trial judge.

"We felt that they were basically trying to redo a hearing that they'vealready lost," said Ataogul.

Until the appeal court issues its ruling, the temporary suspension of sections of the bylaw that targetpit bull-type dogswill remain in place.

No date has yet been set for another court ruling on the merits of those sections.

'Pit bull'owner in Lavaltrie loses appeal

In a related development,Superior Court decision released Thursday rejected the appeal of a dog owner who was challenging an infraction she received under the pit bull ban that went into effect last yearin the City of Lavaltrie, about 60 kilometres northeast of Montreal.

The dog owner had arguedthe bylaw's definition of a pit bull was too vague.

But Justice Guy Cournoyer said the Lavaltrie definition banning "bull terrier breeds" such as the "Staffordshire Bull Terrier, American Bull Terrier, American Staffordshire Terrier (Pit Bull)," as well as dogs mixed with those breeds and dogs that look "substantially similar" to those breeds, was clear enough.

Cournoyer based his decision on the precedent set byCochrane vs. Ontario, the Ontario Appeal Court ruling that upheld that province's pit bull ban.

The City of Montreal's lawyers argue that the Cochranedecision also justifies Montreal'spit bull ban.

However, the SPCA says Montreal's definition of a pit bull is slightly broader than Lavaltrie's.

"[And] the validity of the bylaw itself wasn't challenged in the Lavaltrie case, just the ticket was being contested," saidSophie Gaillard, SPCA lawyer in an email response to CBC.

"Many of the arguments we invoked to challenge the Montreal bylaw weren't raised at all in the Lavaltrie case, which means that there is no settled precedent on these issues."

Dog-tag fines increase sharply

While all pit bull-specific provisions of Montreal's animal control bylaw remain suspended, other sections, including the requirement for all dogowners to buylicencesfor their pets or face a fine, remain in force.

By Nov. 20, Montrealhad seen a steep increase in the number of active dog licences.

The city hasnow has issued 39,440 dog licences and 9,147 cat licences.

Between Oct. 3 and Nov. 20, the city also issued 294 tickets to dog owners.

According to the city, 81 per cent were for not having a licence, 18 per cent were for a dog not being on a leash, and oneper cent were for other infractions.

According to the city, on averagethe fines were about $337 plus administrative fees, but fines cango up to $2,000.

• What Canadian cities have learned from pit bull bans
• ANALYSIS|Pit bull bylaw points toCoderre'stendency to act first, deal with fallout later