One day after Montreal city council adopted a new animal control by-law targeting specific dog breeds, the Montreal SPCA filed a lawsuit asking for the municipal law be suspended.
The application for judicial review is asking for a stay of the sections of the by-law passed by Montreal city council earlier this week targeting what the bylaw calls “pit bull type dogs.”
According to the Montreal SPCA, the provisions of the new by-law targeting “Pit bull type dogs” are contrary to several fundamental principles that govern the legality of municipal by-laws.
Discriminatory in that they create additional and punitive obligations for owners and guardians of “Pit bull type dogs” whereas this category includes dogs who are not, in fact, dangerous
- Vague and imprecise in their definition of “Pit bull type dogs” such that it is impossible to know which dogs fall into this category
- Problematic in terms of procedural fairness in that they fail to include a means to challenge the designation of a dog as a “Pit bull type dog”, even if a genetic analysis was to be conducted
- Contrary to article 898.1 of the Civil Code of Quebec, which grants animals the status of sentient beings, and to the Animal Welfare and Safety Act, both adopted last December by the provincial government as part of Bill 54
- Unreasonable in that they treat all “Pit bull type dogs” as dangerous dogs in spite of the fact that there exists no credible evidence to the effect that dogs belonging to this arbitrary category are inherently dangerous.
The Montreal SPCA, the oldest SPCA in Canada and was founded in 1869, will file its application on Sept 29th.
Photos Montreal SPCA/Facebook