Owner set to make case for Brindi’s life
With her mixed breed dog on death row, woman says she will put ‘faith in the judge’By KRISTEN LIPSCOMBE Staff Reporter Mon. Jan 5 - 5:19 AM
Francesca Rogier should soon learn the fate of her furry best friend, who has been sitting on death row for over five months.
Ms. Rogier is set to make her case today on behalf of her beloved mixed-breed dog at the Nova Scotia Supreme Court in Halifax.
The East Chezzetcook woman has been fighting to save Brindi’s life since July 24, when animal control officers seized the five-year-old pooch for acting aggressively toward another dog.
Brindi has had a history of acting out and was supposed to be wearing a muzzle. Ms. Rogier has claimed responsibility for her pet’s past poor behaviour.
But Ms. Rogier, who adopted Brindi from Celtic Pets Rescue in June 2007, said she is a sweet and social dog who has never hurt anyone and simply needs more training.
"This is the first time she’s really lived in a home and had a real family of her own," Ms. Rogier said over the phone Sunday. "We went to baseball games, we went to people’s houses with tiny kids, we went all over and they all loved her."
Ms. Rogier said she has documents to prove that Brindi isn’t dangerous. Those include an assessment from a trainer that indicates Brindi is better behaved than most strays that are rescued from reserves, as well as files showing that usually the city only fines owners whose dogs attack other animals or people.
"I’m confident that we have all of our ducks in a row and I’m going to have to just put my faith in the judge," she said.
Ms. Rogier also launched an Internet campaign to help bring Brindi home, with a Facebook group, a blog and two online petitions garnering interest from pet lovers around the world. She and her supporters have raised close to $4,000 to help pay for mounting legal fees.
"It’s been extremely physically and emotionally . . . stressful," she said of spending several months trying to stop the city from destroying Brindi, who awaits her fate at the SPCA shelter in Dartmouth. "I can’t go for walks here because it’s too upsetting to walk without her," Ms. Rogier said.
Blair Mitchell, Ms. Rogier’s lawyer, said Sunday he and his client also hope to put an end to what he called a "terribly misconceived" bylaw.
"It’s one of the few bylaws in place, of many across the country, where there is a decision to kill a dog based on . . . an animal control officer, where it’s not reviewed by a court or by an appeal tribunal," Mr. Mitchell said.
If the court doesn’t rule in Brindi’s favour, Ms. Rogier’s lawyer plans to prolong the pooch’s life by filing an appeal, while Brindi’s owner will follow through on a wrongful seizure lawsuit already filed against Halifax Regional Municipality.
Municipal spokeswoman Deborah Story has said in the past that it isn’t the city’s "intention to be out there euthanizing dogs."
She said the municipality went beyond the requirements of the bylaw to give Ms. Rogier time to obtain a lawyer. The bylaw stops the city from killing seized animals while there’s an outstanding legal action.
And although her nerves and bank account are shot, Ms. Rogier said she’ll keep fighting to free Brindi.
( klipscombe@herald.ca)
Ms. Rogier is set to make her case today on behalf of her beloved mixed-breed dog at the Nova Scotia Supreme Court in Halifax.
The East Chezzetcook woman has been fighting to save Brindi’s life since July 24, when animal control officers seized the five-year-old pooch for acting aggressively toward another dog.
Brindi has had a history of acting out and was supposed to be wearing a muzzle. Ms. Rogier has claimed responsibility for her pet’s past poor behaviour.
But Ms. Rogier, who adopted Brindi from Celtic Pets Rescue in June 2007, said she is a sweet and social dog who has never hurt anyone and simply needs more training.
"This is the first time she’s really lived in a home and had a real family of her own," Ms. Rogier said over the phone Sunday. "We went to baseball games, we went to people’s houses with tiny kids, we went all over and they all loved her."
Ms. Rogier said she has documents to prove that Brindi isn’t dangerous. Those include an assessment from a trainer that indicates Brindi is better behaved than most strays that are rescued from reserves, as well as files showing that usually the city only fines owners whose dogs attack other animals or people.
"I’m confident that we have all of our ducks in a row and I’m going to have to just put my faith in the judge," she said.
Ms. Rogier also launched an Internet campaign to help bring Brindi home, with a Facebook group, a blog and two online petitions garnering interest from pet lovers around the world. She and her supporters have raised close to $4,000 to help pay for mounting legal fees.
"It’s been extremely physically and emotionally . . . stressful," she said of spending several months trying to stop the city from destroying Brindi, who awaits her fate at the SPCA shelter in Dartmouth. "I can’t go for walks here because it’s too upsetting to walk without her," Ms. Rogier said.
Blair Mitchell, Ms. Rogier’s lawyer, said Sunday he and his client also hope to put an end to what he called a "terribly misconceived" bylaw.
"It’s one of the few bylaws in place, of many across the country, where there is a decision to kill a dog based on . . . an animal control officer, where it’s not reviewed by a court or by an appeal tribunal," Mr. Mitchell said.
If the court doesn’t rule in Brindi’s favour, Ms. Rogier’s lawyer plans to prolong the pooch’s life by filing an appeal, while Brindi’s owner will follow through on a wrongful seizure lawsuit already filed against Halifax Regional Municipality.
Municipal spokeswoman Deborah Story has said in the past that it isn’t the city’s "intention to be out there euthanizing dogs."
She said the municipality went beyond the requirements of the bylaw to give Ms. Rogier time to obtain a lawyer. The bylaw stops the city from killing seized animals while there’s an outstanding legal action.
And although her nerves and bank account are shot, Ms. Rogier said she’ll keep fighting to free Brindi.
( klipscombe@herald.ca)
Francesca Rogier, shown in her home last August, holds up a photograph of her pet mix-breed dog, Brindi, who is scheduled to be euthanized. (TED PRITCHARD / Staff / File)
2 comments:
sitting on pins and needles for Brindi and FR
I do hope Brindi gets home to Francesca today. Anyone interested in making sure all the Animal Control Officers in Canada never have the freedom to have their own personal vendetta -- and opinion and the power to put anyone, anywhere, through this torture by any municipality and untrained staff such as Metro and the NSSPCA -- should start today and make the elected officials accountable for these stupid opinions. Where in God's name do people think we are living? Did Pierre Trudeau spend all his time in vain trying to teach Canadians what constitutional rights are? The NSSPCA and every other municipality that uses these outdated practices should be made to get educated regarding human rights as well as animals' rights. Tax dollars are not working in this province and Rodney MacDonald needs his ass kicked for not doing his job regarding this case and a lot more also. Come on, Rodney, educate these people, if you can interfere in Metro's political decisions regarding heritage property, man, shake your head and get those offshore coffers in place and educate the masses. Never mind Ellen's career, look out for your own.
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