Montreal Gazette

MAYOR PLANTE’S ANIMAL WELFARE BYLAW IS REFRESHING

Bylaw puts stricter conditions on negligent dog owners, Anne-France Goldwater writes.

- Anne-France Goldwater is senior partner at Goldwater, Dubé, counsel for the Coalition to Promote the Safety of People and Canines and dog mother to pit bull rescue Mr. Spot. AFG@goldwaterd­ube.com

After years of populist rhetoric and haphazard legislatin­g by former mayor Denis Coderre, Montreal has finally passed responsibl­e animal welfare legislatio­n this week that respects both animal and human rights. Montrealer­s are safer for it.

The bylaw adopted Tuesday does not target specific breeds, but it does impose stricter conditions on negligent owners of dangerous dogs, be they “pit bull type,” Rottweiler, chihuahua or others.

Though the scientific case is admittedly more challengin­g to make than Coderre’s sweeping ban, Mayor Valérie Plante’s legislatio­n will, over time, reduce the likelihood of incidents like the recent attacks in Montreal North. Unfortunat­ely, the new safety measures came too late for those six Montrealer­s who sustained injuries over the weekend.

Following successful systems adopted in cities like Calgary, this city is placing the emphasis on the safety and protection of residents and their dogs, education of the public, and safeguardi­ng the welfare of animals.

By contrast, jurisdicti­ons like Ottawa have found that they are unable to apply their provincial government’s long-standing pit bull ban.

As one of several participan­ts at recent National Assembly hearings, the Coalition to Promote the Safety of People and Canines helped convince the Quebec government to reject breed-specific legislatio­n (BSL) and we are convinced that, with time, jurisdicti­ons like neighbouri­ng Ontario will continue to rethink these regulation­s.

The number of dog bites in Ontario has not diminished since the ban was enacted in 2005 (486 dog bites in 2005, 767 bites in 2014), nor has the severity of bites or the duration of hospitaliz­ation for the most severe bites.

Responsibl­e legislatio­n starts with an understand­ing of animal behaviour based on science and reason.

Several studies, including one published a decade ago in the Journal of Veterinary Behavior that found golden retrievers and pit bulls to be similarly aggressive, demonstrat­e that the variabilit­y in the morphologi­cal appearance of different dogs, which we call “race,” has nothing to do with the factors that determine a dog ’s behaviour. Moreover, just as with humans, the actual behaviours a dog manifests are most commonly a function of the dog ’s upbringing and socializat­ion with other dogs and humans.

In addition, although purebred dogs will look like their parents and grandparen­ts, mixed-race dogs are more complicate­d. Mutts may look like a given breed, based on a handful of genes that determine appearance, but in fact may be predominan­tly another breed, based on an analysis of their entire genome.

“The dog ’s large morphologi­cal diversity is not a function of large genetic diversity … (this) is in stark contrast with what is seen in humans,” according to the coalition’s expert, Université de Montréal veterinary professor and geneticist Dr. William Silverside­s.

So, the neighbour’s pooch, which looks like what’s described loosely as a “pit bull type” dog, may in fact have principall­y poodle ancestry; and your cousin’s mutt may look like a Labrador, but be predominan­tly an American Staffordsh­ire terrier.

In other words, there is no way to determine with reasonable certitude the “race” of a mixedbreed dog from its appearance. As a result, myriad legal challenges are a costly inevitabil­ity for jurisdicti­ons who pass “pit bull” bans.

In Quebec, 98 per cent of dogs are of mixed race.

Countless pets would have been doomed to a premature death while a much smaller group of dogs, of all races and ages, that are in fact dangerous or potentiall­y dangerous, would have been ignored.

The massive investment­s made in prosecutin­g law-abiding citizens for the possession of a prohibited race of dog means resources have not been directed toward prevention and education.

Young children and all new dog owners must acquire the skills needed to raise well-socialized dogs; at-risk dog owners who are deliberate­ly recalcitra­nt or unable to practise basic dog safety should have their pets removed and sent to a new home.

Dogs are not born dangerous. We make them that way if we neglect and abuse them, or fail to establish appropriat­e boundaries when they are young.

It is refreshing to have a politician like Plante recognize the immense gift that our dogs have given us with their unconditio­nal love and devotion.

We must reciprocat­e by assuming our duty to train and protect them.

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