Muzzle your pit bull: Appeal court lifts suspension of pit bull restrictions in Montreal

The court-ordered suspension of the pit bull restrictionsunderMontreal's controversial new animal control bylaw has been overturnedby theQuebec Court of Appeal.

The City of Montreal had appealed a lower court suspension of those restrictions, granted back in October.

In its decision, the panel of three justices ruled thatcourts must err on the side of assuming laws are adopted in the publicinterest.

What qualifies as a pit bull?

The city has defined pit-bull type dogs as:

• Staffordshirebull terriers.
• American pit bull terriers.
• American Staffordshireterriers.
• Any mix withthese breeds.
• Any dog that presents characteristics of any of the above.

Montreal Mayor Denis Coderre said he was pleased with the decision.

"This is an important victory that proves the validity of the regulations put in place by our administration and the need to regulate the possession of dogs that can pose a danger,"Coderre said in a statement.

City agrees to avoid 'irreparable harm'

As part of the appeal court's decision, the City of Montreal has agreed not to apply certain provisions of its bylaw until a Superior Court hearing on its merits early next year.

The city has agreed not to euthanize any pit bull-type dogs, unless they are foundto be dangerous or show signs of becoming dangerous, or if they are stray, sick or badly hurt.

Shelters will also be allowed to return lost pit bulls to their ownersas long as they do not fall into the dangerous or at-risk dogcategories.

Both exceptions were advised by the appeal court panel, whichruled that they were the provisions in the bylawmost likely to cause "irreparable harm."

The city has also agreed that pit bulls can be put up for adoption if they are destined for homes or sheltersoutside of Montreal.

Muzzle now required outdoors

Special permits forpit bulls and pit bull-typedogs will now come into effect as well as certain rules that set out standards for the length of leashes and heightof fences.

Owners will have additional time to register theirdogs, said the city. The time framewill be decided at the next citycouncil meeting on Dec. 14.

The city will also apply a new muzzle requirement for pit bulls and pit bull-typedogs. Following the ruling, the city clarified that those dogs willonlybe muzzled when they are outdoors.

"The public interest must take precedence over the anxiety [a muzzle] might cause the animal to suffer," the ruling states.

• What you need to know about Montreal's proposed dog bylaw

No date has yet been set for the next stage of the legal proceedings. However, it's expected to take place inearly2017.

Decision 'extremely disappointing': SPCA

Montreal's SPCAcalledthe appeal court ruling "extremely disappointing" but acknowledged the concessionsand "state of compromise" that the city has promised to respect.

The SPCAconfirmed, however, that its goal remainsto fightthe bylaw's "discriminatory and punitive provisions" targeting pit bull-type dogs. It said it wants toensureany new city rules are"evidence-based solutions that actually reduce the risk and severity of dog bites."

The organization said it would also now haveto review its existing animal service contracts with 12 Montreal boroughsif those contracts could eventually require the SPCA to euthanizedogs that have done nothing wrong and would make good pets.

"The Montreal SPCA has, at the core of its mission, the protection of all animals, regardless of species or breed. Not being able to find homes for healthy, adoptable and behaviourally-sound dogs and puppies goes against the very essence of what our organization stands for," said Alanna Devine, the SPCA's director of animal advocacy.

Court challenge ahead

Soon after the bylaw was passed in September, the SPCA successfully fought fora temporary suspensionof the clauses dealing with pit bull-type dogsin Quebec Superior Court.

In JusticeLouis Gouin's decision, hefound the provisions dealing with pit bull-type dogs raised numerousred flags andmerited further review.

A few days later, the city announced it would appeal thesuspension, with MayorDenis Coderre saying the city won't give into "threats or interest groups."

In its ruling on Thursday, the Quebec Court of Appeal panel took both sidesto task for not advancing further than they have to set a hearing date since the Superior Court ruled it would hear arguments on the bylaw's merits two months ago.

"Considering the allegations of irreparable harm on both sides, such behaviour is surprising," the ruling states.

The SPCA responded by sayingit is eager to set a date.