A controversial ban on Pit Bulls in Montreal, Canada has been temporarily suspended thanks to a legal challenge by the Montreal SPCA.
Montreal introduced breed specific legislation targeting Pit Bulls in September 2016 in response to an incident in which a woman was attacked and killed by a dog that was supposedly a Pit Bull, but may have actually been a Boxer.
The city-wide ban states that Montrealers will no longer be allowed to buy or adopt pit bull type dogs, which includes Staffordshire Bull Terriers, American pit bull terriers, American Staffordshire terriers, any mix with these breeds and any dog that presents characteristics of one of those breeds.
Those dog owners who already have Pit Bulls will be forced to comply with strict regulations and apply for a special permit. Owners would also need to get a criminal background check, the dog would need to be spayed/neutered, vaccinated and microchipped. They would also need to keep the dogs muzzled and on a 4-foot leash in public.
The regulations have been met with widespread protests. The Montreal SPCA also voiced their strong opposition to the BSL legislation, as it would likely result in the Pit Bulls in their shelters being euthanized rather than adopted.
The humane society challenged the city in courts, arguing that the new animal control bylaw poorly defines “Pit bull-type dog” and contravenes the rights of citizens because it allows any “competent authority” to enter a home without a warrant.
After reviewing the case, Quebec Superior Court Justice Louis Godin ruled in favor of the SPCA and suspended the pit bull-related clauses of Montreal’s animal control bylaw. Gouin said the definition of the term “pit bull-type dog” is vague and imprecise and needs to be clarified.
“The fight is far from being over, but we are very pleased with this first victory,” SPCA lawyer Sophie Gaillard said in a news release in response to the judge’s ruling.
“We are particularly delighted to be able to continue finding adoptive homes for all our healthy and behaviorally sound dogs, regardless of their physical appearance.”
The City of Montreal said that they with defend the bylaw and argue that the characteristics of the breed are difficult to pin down. René Cadieux, the lawyer representing the city told the court, “It’s like pornography. You know it when you see it.”
Mayor Denis Coderre vowed the city won’t give in to “threats or interest groups”, CBC reported.
The SPCA said it does not “fear an appeal” since as far as it is concerned, the decision was well-founded.
At this point, it’s not known how long the legal proceeding will go on, but for the present time, at least, the Pit Bulls in the city are safe.
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