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October 24, 2008 - The Ontario Court of Appeals rules in favour of the ban!
Click here to read the 30 page ruling

Clayton Ruby responds to the Ontario Court of Appeal's decision in Cochrane v. Ontario (Attorney General) regarding the ban on pit bulls

TORONTO, Oct. 24 /CNW/ - The Court of Appeal released its decision today on the Constitutional challenge to the amendments to the Dog Owners Liability Act. The Court of Appeal dismissed Ms Cochrane's appeal and allowed the Attorney General's cross appeal. As a result, all of the amendments to the Dog Owners Liability Act are in force in Ontario, even those struck down by Justice Herman as unconstitutional.

"Sadly, the absolute and unnecessary ban on 'Pit bulls' in Ontario remains.

We are very disappointed with the decision of the Court of Appeal. We continue to believe that the definition of 'pit bull' is overly broad and vague. The evidence clearly demonstrates that the definition captures dogs that pose no threat to any person or animal.

Justice Herman and now the Court of Appeal have simply accepted the government's assertion that there is a 'reasoned apprehension of harm' about 'pit bulls' to justify the ban, without allowing us to show that there is no credible evidence to support this.

It is a sad day in Ontario. Kind, loving, gentle dogs are being killed across this Province for no reason. The Provincial Government should focus their efforts and resources on identifying truly dangerous dogs rather than apprehending and killing dogs that pose no threat at all.

We are considering an appeal of this decision to the Supreme Court of Canada."

From the Canadian Kennel Club offices
Dear CKC Club,

The Banned Aid Coalition (including the Dog Legislation Council of Canada, the American Staffordshire Terrier Club of Canada, the Golden Horseshoe American Pit Bull Terrier Club, The Staffordshire Bull Terrier Club of Canada and Advocates for the Underdog) has challenged the constitutional legality of Ontario's Bill 132 enacted August 29, 2005 - not because of a breed or mixed breed but because the Ontario government took away the rights of people who have done no wrong - people like us.

Dog owners in Ontario, regardless of breed, are now subject to entry of their homes without a search warrant and unreasonable search/seizure. They can be charged if a dog is considered to be 'menacing' - with no definition of the term. Worse owners of some dogs are now subject to restrictions on mobility, presumption of criminality and reversal of the burden of proof in a hearing.

The precedent for the banning of purebred dogs has been set into provincial law and was upheld in a Superior Court of Justice decision released on July 27, 2007.

This outcome, as you know, leaves three recognized purebred dogs, the Staffie Bull, the Am-Staff and the APBT (UKC/ADBA recognized) banned in the province of Ontario. These breeds are restricted/prohibited in Ontario and fore any of us, regardless of our chosen breed; this is one of the most difficult challenges we as dog owners have ever had to collectively meet.

Banned Aid Continues to pursue this case through an Appeal which is extremely expensive.

Over $540,000 has been raised and spent on this legal action to date. Costs continue to mount as preparation for the Appeal moves forward. Appeal costs have already reached an additional $40,000 and CKC clubs are being asked if they can help.

We are aware that tight financial circumstances exist for many clubs but we also know that in typical fashion, when the times are tough, we as dog people rally round as best we can. You can trust that if it were not necessary, this request would not be in your hands. A contribution on behalf of your club is needed now to enable this valuable work to continue.

Please, help win the battle to protect dog ownership in Canada.

The CKC opposes breed bans, mandatory spay/neuter laws, elitist property requirements, limit laws and other anti-breeder, anti-owner legislation on an ongoing basis across Canada and supports the work of the Banned Aid Coalition to protect the rights of Canadian dog owners and ethical breeders.

Your club contribution can be made in two way:
1. Send a cheque or money order payable to Banned Aid directly to:
Cathy Prothro
National Treasurer - Banned Aid Coalition
351 Pleasant Street
Dartmouth, NS B2Y 3S4

2. Send a cheque or money order payable to Ruby & Edwardh with "Banned Aid - In Trust" on the memo line to:
Ruby and Edwardh, Barristers and Solicitors
11 Prince Arthur Avenue
Toronto, ON M5R 1B2

Every dollar counts...and the CKC Breed Specific Legislation Committee thanks you in advance for considering this request on behalf of Banned Aid Coalition and the dogs we are all so devoted to preserving.

Regards,
Lee Steeves
CKC Director Zone 1 and Chair Breed Specific Legislation Committee