Boy attacked by dog thanks neighbours for support

Off-leash incident prompts questions from city residents

The family of a boy who was sent to hospital after an off-leash dog attack at a downtown Toronto playground is moved by the outpouring of support from neighbours they’ve received.

“I would like to thank you all for thinking of me and my family. I’m feeling better. My parents are feeling better,” the boy wrote in a note penned by him and his mother to the Bathurst Quay Neighbourhood Association and community members. The family’s lawyer shared the note with the Star, adding the family wants to maintain their privacy at this time.

Capo, the dog involved in the incident at Little Norway Park, was under a dangerous dog order for a previous attack and was required to be muzzled and leashed whenever off the owner’s property.

Patrycja Siarek, his owner, was charged with four counts, including criminal negligence causing bodily harm and failure to prevent an attacking dog bite to a person. Capo, along with Siarek’s two other dogs, were seized.

Following this incident and amid the rise in dog attacks across Toronto, many residents have been left with questions about enforcement on this issue — and more urgently, what happens now to this dangerous dog?

What happens to Capo now?

According to the Toronto Police Service, Capo is currently in a Toronto Animal Services (TAS) shelter and will be until the conclusion of the criminal case against his owner.

Although Toronto Animal Services was unable to comment on Capo’s case specifically, saying it is an active investigation, Esther Attard, head of TAS, did provide the Star with statements about what generally happens after an animal is seized:

It is held in a kennel in a TAS shelter. An animal control bylaw officer investigates the case to determine and recommend a course of action, which may include recommending the dog’s euthanasia. It is then reviewed by a supervisor or manager before a final decision is made.

Factors considered when deciding if a dog is to be euthanized include the circumstances of the incident, the severity of the attacks and if there has been non-compliance with previous orders.

If a dog is determined to be euthanized, the owner has 30 days to appeal.

Who is responsible for enforcement?

Police are responsible for the criminal aspects of the case, while Animal Services is responsible for handling the dog.

TAS and police do not have general authority to enter a dog owner’s residence, seize animals or euthanize a dangerous dog; they need a warrant from the court. If a warrant is granted to allow seizure, the dog is removed and charges are prepared, along with a request for euthanasia based on evidence collected. This must proceed through a court order.

In serious dog attacks, there are several laws that can apply. There are criminal charges that can be laid, as well as charges under the Dog Owners Liability Act. There are also municipal bylaws, which are handled by Animal Services, including dangerous dog orders (DDO). Toronto city council recently approved changes to strengthen enforcement and compliance of DDOs.

What happens when someone reports an aggressive dog?

In 2023, TAS says there were 2,726 service requests for potentially dangerous acts by dogs, up from 2,653 in 2022. These recent incidents have put the issue of enforcement

‘‘ I would like to thank you all for thinking of me and my family. I’m feeling better. My parents are feeling better.

under scrutiny. One problem is that it takes a serious incident like an attack or bite before much can be done with an animal that appears aggressive.

Cathy Crowe, a well-known former street nurse and educator in Toronto, finds the threshold for the city to intervene frustrating.

An aggressive dog in her downtown building has lunged at her several times, she says, and she has reported the incidents to the city, but she’s been finding it difficult to get answers or action.

“It’s easy to report a dangerous dog. But it’s not easy, because once you hit the system, once you open that door, you reach roadblock after roadblock after roadblock. You are told different things by different officers,” said Crowe.

“The act of menacing behaviour is open to interpretation, and the term dangerous is open to interpretation,” she said.

She says she has spoken to a bylaw officer but received little follow-up. One thing she was told was if she wanted to get a copy of her complaint, she would need to submit a freedom of information (FOI) request to the city.

A city spokesperson told the Star the FOI is necessary to see the full complaint for privacy reasons, since it would have the information of the alleged offender.

As a former nurse, Crowe suggests there should be triage tool, where there should be some way for the city to grade and assess a dog threat and a way to escalate it depending on the situation.

The city says it has several processes in place, and any reported dog issue has an animal control bylaw officer investigate by phoning the parties involved within 24 hours.

DOG ATTACK VICTIM IN A LETTER TO THE COMMUNITY