As published on page A1/A7 on November 17, 2004
MORE THAN JUST A BEST FRIEND
Dog owners speak out against ban
Proposed legislation would ban dangerous dogs, including Rottweilers
(Shannon Hagerman/Canadaeast News Service)
Carol Randall of Fredericton arrives at the legislature Tuesday with her assistance dog Clancy, a Rottweiler, to testify against proposed legislation banning certain breeds of dogs.
BY NINA CHIARELLI
Telegraph-Journal
Eleven-year-old Clancy has been at Carol Randall's side every day for the last 10 years.
She fetches objects. She puts dirty clothes into the laundry basket. She carries Ms. Randall's briefcase. She even helps Ms. Randall, who suffers the effects of childhood polio and is confined to a wheelchair, take off her socks at the end of each day.
More than anything, though, Clancy provides Ms. Randall with freedom and mobility she might not otherwise enjoy.
But Clancy's also potentially dangerous and should be banned in New Brunswick, according to legislation introduced by the Liberals earlier this year.
Clancy is a working Rottweiler and the subject of an all-party, legislative hearing into banning dangerous dogs in New Brunswick, most notably four breeds.
Two days of hearings began Tuesday with dog lovers and nationally recognized kennel clubs defending their beloved companions.
"Most Rottweilers are considered valuable members of responsible family households. (This act) takes away much of my personal freedom by deeming my chosen breed of dog as a restricted dog.
"Life without my best friend is difficult to think of," a teary-eyed Ms. Randall said.
The New Brunswick act singles out the owners of Rottweilers, Japanese Akitas and Staffordshire bull terriers and American Staffordshire terriers, which are both types of pit bulls.
Owners of these four breeds of dogs would be required to licence them as soon as they are three months old and carry liability insurance for at least $1 million.
The proposed legislation, which has passed a second reading in the House, and now sits with the legislative Law Amendments Committee, would also require owners of these four breeds to notify the Department of Public Safety of a change of address.
The dogs must be muzzled at all times when off the owner's property, on a leash no longer than two metres, or, while outdoors, be in an enclosed pen or on a chain that keeps the dog at least two metres from property boundaries at all times.
But dog owners and dog lovers who made presentations to the committee Tuesday said this proposed legislation puts too much emphasis on banning specific breeds, and not enough on dealing with dangerous dogs and irresponsible owners.
"The responsible owner regularly licenses his dog, walks it on a lead, and cleans up after his dog," said Clive Wilkinson, president of the Staffordshire Bull Terrier Club of Canada.
"An owner intent on using his or her dogs for malicious purposes will simply be able to switch to another type of dog and continue in jeopardizing public safety.
"Deeds not breeds should be addressed," he said.
Under current law a dog is deemed safe until it has knowingly bitten or attacked someone. Because of this, owners aren't held responsible when dogs bite or attack for the first time. In the case of these four breeds, that defence wouldn't apply. The dogs would be considered dangerous and owners would be responsible for the first bite or attack.
Dog breeders, kennels and humane agencies such as the SPCA and the Humane Society would be exempt from purchasing the insurance or licensing the dogs.
Several municipalities across Canada have banned breeds such as Rottweilers and pit bulls, including Guysborough, N.S., Moosomin, Sask., and Brampton, Ont.
In Edmonton, pit bulls are deemed restricted dogs and owners must pay $200 to license them annually. The dogs must be muzzled in public and on a leash less than two metres long.
Jane Jenkins, president of the Fredericton SPCA said breed specific legislation doesn't get at the problem of irresponsible dog owners.
"What's needed is a comprehensive law that looks at both ends of the leash," she said.
She recommended licensing fees that would generate enough revenue for the province to enforce current dog bylaws and promote education and awareness of dogs.
The legislation was introduced by Liberal MLA Kelly Lamrock (Fredericton-Fort Nashwaak) in response to the mauling death of James Waddell in 2003.
James, four, was attacked and killed by three Rottweilers at the Kingston Peninsula home of his father, Ron Waddell, in March 2003, less than two weeks before his fifth birthday. The dogs were owned by a friend of Mr. Waddell's, who was living in the home at the time.
Last November an inquest into his death heard testimony that the dogs responsible for James' death had never exhibited any signs of aggressive behaviour or acted erratically until the day of the fatal attack.
The hearing continues today with several presentations, including one from Paul Murphy, a Fredericton man whose Shih Tzu was killed by a Rottweiler early this fall.
As published on page A1/A3 on November 17, 2004
Dog owners want MLAs to reject bill
(Shannon Hagerman Photo)
Dog owners voiced their opposition Tuesday to proposed provincial legislation that would place restrictions on certain dog breeds. Above, Carol Randall, who spoke out against Bill 55, brought her 11-year-old Rottweiler, Clancy, to the legislature.
SHANNON HAGERMAN
The Daily Gleaner
New Brunswick dog owners are urging provincial politicians to reject proposed legislation that would force them to muzzle certain dog breeds and carry hefty liability insurance.
The most poignant appeal during Tuesday's public hearings inside the legislature came from a Fredericton woman who described her elderly Rottweiler as a gentle, loving companion. Carol Randall, who uses a wheelchair after developing childhood polio, said the muzzle requirement would make it impossible for her trained assistance dog to help her complete simple tasks in public.
Randall, who adopted the Rottweiler named Clancy more than a decade ago, said the dog has been trained to open and close doors and pick up objects on demand.
"If she had a muzzle on, she wouldn't be able to help me," Randall said.
The elderly dog was the only four-legged mammal permitted inside the hearings staged by the legislature's law amendments committee to get public input into Bill 55: The Restricted Dogs Act.
Clancy, who walks with a limp, spent much of the morning sleeping next to Randall's wheelchair - a stark contrast to the aggressive, dangerous reputation that sparked the proposed legislation.
The legislation would require owners of four specific dog breeds, namely Rottweilers, Japanese akitas and two varieties of pit bull terriers, to leash and muzzle their pets in public.
The dog owners would also be required to keep their pets chained or penned on their home properties and carry at least $1-million worth of liability insurance.
The legislation was introduced last year by Liberal MLA Kelly Lamrock after a series of high-profile dog attacks raised public awareness about aggressive dogs. James Waddell, a four-year-old boy, was mauled to death by three Rottweilers in an incident near Saint John in 2003.
More than 30 individuals, including dog owners and animal-interest groups, urged the legislature's Law Amendments Committee to reconsider the breed-specific rules.
The proposed legislation, being studied by the group, doesn't exempt service dogs or assistance dogs from the muzzle and leash restrictions.
Randall said she didn't appear to receive an exemption for service dogs. The Fredericton woman is advocating a complete overhaul of the legislation to require all dog owners to control their pets.
"Bill 55 would punish me as a responsible dog owner," Randall said. "Most importantly, Bill 55 would not allow me to share a very special love with one of the most loyal breeds of dogs."
Lamrock said he introduced his private members bill to raise public awareness about aggressive dogs. The Fredericton Fort Nashwaak MLA said he's not opposed to the legislature's law amendments committee tinkering with certain aspects of the legislation.
"It is important to remember too though, it is a sad truth in our society that kids attacked by dogs don't have an interest group," he said.
Representatives from the Fredericton SPAC, the Fredericton Kennel Club, The Staffordshire Bull Terrier Club of Canada, the Rottweiler Club of Canada and the New Brunswick Kennel Club appealed to the committee to redraft the legislation.
The presenters were united in their opposition to legislation that singles out certain dog breeds. New Brunswick should invest more money in animal enforcement and preventative measures, like education, they argued.
Several presenters also pointed out the breed-specific restrictions would be subject to court challenges because only pure-bred animals could be easily singled out by law enforcement officials.
Clive Wilkinson, of the Staffordshire Bull Terrier Club of Canada, questioned why the legislation targets Staffordshire bull terriers and American bull terriers as dangerous dogs in New Brunswick.
Wilkinson said there are only two pure-bred Staffordshire bull terriers in New Brunswick and six American bull terriers, based on a list of registered dogs from the Canadian Kennel Club.
"One would think a provincewide restriction on two dogs that have not proven themselves dangerous to be unjust, if not simply overkill," he said.
Tempers flared during the public hearings when Moncton-area resident Don Cafferty, who owns the two registered dogs, appeared before the committee. Cafferty told the committee New Brunswick could prevent dog attacks by educating children how to safely behave around dogs.
"Why don't you tell me what James Waddell did wrong as a child," asked Moncton North Liberal MLA Michael Murphy.
Cafferty said the proposed legislation fits into the same category as the controversial gun legislation.
The proposed requirement for at least $1 million in liability insurance would be exploited by the insurance industry and make ownership of the breeds out of reach for many individuals.
"I do face the reality that I may not be able to keep my dogs," he said.
The committee hearings resume today.
As published on page A1/A2 on November 17, 2004
Dog law barks up wrong tree
Opponent of proposed dangerous dog laws supports tougher restrictions for breeders, not specific breed bans
(CANADAEAST NEWS SERVICE)
Carol Randall of Fredericton arrives yesterday at the legislature in Fredericton with her assistance dog Clancy, a Rottweiler, to testify against proposed legislation banning certain breeds.
DANIEL McHARDIE
Times & Transcript Staff
FREDERICTON - Fighting back tears, Carol Randall told a legislature committee that a potential law to restrict dangerous dog breeds, such as her 11-year-old Rottweiler Clancy, is barking up the wrong tree.
The Fredericton woman, who is confined to a wheelchair after a life-long battle with polio, said she supports tougher laws addressing backyard breeders, encouraging more education about dogs in schools and beefing up laws targeting irresponsible dog owners.
But with Clancy laying at her side, the dog's big brown eyes looking up, Randall made an emotional plea to the MLAs that Bill 55, which would impose restrictions on Rottweilers, Staffordshire bull terriers, American Staffordshire terriers and Akitas, would rob her of her best friend.
"And still, at the age of 11-1/2, although a little slower, Clancy is still by my side every step of wheel I take," Randall said, her voice cracking with emotion.
"How many years will we have to spend together, only God knows. But I do know that life without my best friend is very difficult to think of."
The first day of public hearings into Liberal MLA Kelly Lamrock's proposed Restricted Dogs Act saw 14 different presenters explain their position on the bill. With few exceptions, those groups or individuals who opposed Bill 55 were mainly dissatisfied with the fact the law was breed-specific and that it would force owners of the four types of dogs to carry
Rottweilers, Staffordshire bull terriers, American Staffordshire terriers and Akitas, would rob her of her best friend.
"And still, at the age of 11½, although a little slower, Clancy is still by my side every step of wheel I take," Randall said, her voice cracking with emotion.
"How many years will we have to spend together, only God knows. But I do know that life without my best friend is very difficult to think of."
The first day of public hearings into Liberal MLA Kelly Lamrock's proposed Restricted Dogs Act saw 14 different presenters explain their position on the bill. With few exceptions, those groups or individuals who opposed Bill 55 were mainly dissatisfied with the fact the law was breed specific and that it would force owners of the four types of dogs to carry $1 million in liability insurance.
Tempers hit a crescendo when Don Cafferty of Taylor Village shouted an obscenity at Moncton North Liberal MLA Michael Murphy. Cafferty had said people should act more responsibly and put themselves into the mind of a dog when someone, including a child, comes running at them with hands flailing. Murphy had posed a blunt question as to what James Waddell, the four-year-old boy who was mauled to death by three Rottweilers, could have done differently to avoid his tragic death.
Outside the committee room, Cafferty, who owns two Staffordshire bull terriers, said he believes the proposed Liberal law would penalize innocent dog owners.
"My aim was not to play politics but it did come out in the hearings," he said.
John Carty, the manager of the Fredericton SPCA, said there are enough rules already in place but they need to be enforced. As well, Carty stressed there should be a provincewide approach to avoid a patchwork of legislation across New Brunswick.
Representatives from the Fredericton SPCA told the committee that it is also opposed to the "inhumane treatment of dogs" such as using muzzles, which is called for in Bill 55. Carty said dog owners need to be more responsible for licensing their animals and having them spayed and neutered.
"There is a major problem out there. There are way too many people making way too many dogs for all the wrong reasons," he said.
Jane Jenkins, the president of the Fredericton SPCA, told the MLAs that the province must hit irresponsible dog owners in the pocketbook with fines and "it has to hurt." Jenkins said the goal of the bill is laudable, although she doesn't believe dog owners should be required to carry additional insurance to cover their dog if it attacks someone.
"I think that would line the pockets of the insurance companies and perhaps would be an unfair burden on responsible dog owners," Jenkins said.
The proposed bill also limits a particular house to two dogs of the specific breeds outlined, those animals must be kept on the owner's property or on a leash, they would be banned from living in the same home as any child under a protective order from the government and people who repeatedly fail to keep the dog in a responsible manner can have the dog removed.
According to statistics from the Canadian Kennel Club, between 1993 and 2003 there were six American Staffordshire Terriers registered in New Brunswick, 40 Akitas, 467 Rottweilers and four Staffordshire Bull Terriers (although two have since left the province).
There are 17 more presenters anticipated today on the final day of hearings into the Restricted Dog Act and, so far, the law's Liberal sponsor said he believes the public debate will shape a better act in the end. Lamrock said he could be open to changing the act so the four specific dog breeds are not listed.
"I've tried very hard to separate principles from the means to achieving them. To me the principles are: provincewide legislation, owners held accountable and removing dogs at warning signs," Lamrock said.
"The insurance and breed lists to me were one way of possibly meeting those ends. It is not an end in and of itself."
Dog lovers appeal to N.B. politicians not to restrict dogs based on breed
CHRIS MORRIS, NATIONAL POST
© The Canadian Press, 2004
FREDERICTON (CP) - An elderly rottweiler named Clancy became a character witness for her breed on Tuesday as public debate began on proposed legislation to restrict certain kinds of dogs in New Brunswick.
Clancy, a personal assistance dog, accompanied Fredericton resident Carol Randall as she appealed from her wheelchair for recognition of the good and loving companions dogs can be, even those breeds frequently dismissed as aggressive and threatening.