Odie the dog is home

We have great news to report in the matter of Odie the dog. After more than two months away from his family in the Sault, Odie is back home.

This would not normally be news.

It is news though, because for the last 65 days, Odie the dog has not been home.

And we are going to try to tell you why.

On June 24, 2019, Odie protected his family by chasing a bear who had come on their property on Goulais Avenue. From there, he got loose, and the family set out to look for him.

When Odie’s mom, Jennifer, received a phone call though, it was anything but good news.

Odie had been picked up by the Sault Ste. Marie Humane Society and some time later, Jennifer had to break the devastating news to her family — partner Al, daughter Bella, son Gabe, fellow good dog Ebony — that Odie, the good heroic boy, would not be coming home that day, or anytime soon.

That’s because Jennifer had been charged with two offenses under the Dog Owners Liability Act (“DOLA”) — ‘owning a pit bull’ and ‘allowing a pit bull in her possession to stray.’

She was told that Odie would be kept at the Humane Society until the matter was resolved in court. She was not allowed to visit him.

The only available sanction under DOLA if a dog is found to be a ‘pit bull’ is to execute the dog.

Jennifer was given a court date of July 10, for a first appearance to answer to these charges.

As luck would have it, my son, Bobby Russon — who practices criminal law in Windsor – got wind of the situation and offered to help out, pro bono. He would do his best to handle the case from Windsor, while an up and coming, soon to be lawyer in Sault Ste. Marie – Sarah Tucci – would handle the court appearances and legwork.

The worst part about this case according to my son, the lawyer?

Odie is not a pit bull.

Rather, as opined by not only Jennifer, but by Canadian Kennel Club certified International Breed Judge, and accepted legal expert Alan Bennet, Odie is a boxer labrador mix.

The problem is that DOLA is written so broadly that any dog that has “substantially similar physical characteristics to any breeds identified” can be classified as a pit bull, and subject to execution under the act.

Bobby tells me that could easily be read to include boxers, or even larger terriers.

The process from July 10 to today was “frustrating” according to Bobby. After the local Crown Attorney’s Office declared a conflict, the matter was assigned to an Assistant Crown Attorney from Sudbury.

That Crown eventually agreed to an application to have Odie brought home on July 31, allowing Jennifer to comply with some conditions that would see the charges withdrawn at a later date.

That application was rejected by Justice of the Peace, Phillip Stanghetta, for reasons Bobby calls “confusing, and seemingly contrary to the principles of statutory interpretation.”

After the application was rejected, Tucci requested an adjournment to August 7, so the matter could be dealt with alternatively. That adjournment was rejected by Stanghetta, who insisted the matter not come back until August 28, for reasons Bobby describes as “compassion-less and incomprehensible.”

The matter was reassigned to a different Assistant Crown Attorney from Sudbury, who eventually agreed that it was not in the public interest to proceed with the charges against Jennifer and Odie.

The charges were withdrawn today, and Odie is back home with his family.

Jennifer said that today is a time for “lots of cuddles and lots of love.”

All’s well that ends well for Odie and his family, but not so much for Ontario at large, since DOLA still remains in effect.

Bobby calls DOLA, a piece of Breed-Specific Legislation that has existed since 2005, a “disgraceful act.”

“Unfortunately,” he says “it has been challenged at the Ontario Court of Appeal and held as constitutionally valid.”

Seemingly, the only way to rid Ontario of BSL is for the provincial government to amend or eliminate DOLA.

Ergo, Bobby and Jennifer have spoken to MPP David Piccini from Peterborough South, who plans to table a bill doing exactly that.

Only time will tell if he can be successful in removing this seemingly misguided and draconian piece of legislation.

As for the conduct of our local Humane Society, Bobby says, “I have not had any direct communication with the Humane Society, but I understand their position to be that they don’t necessarily agree with DOLA, but simply had no choice to enforce it.”

But Bobby says such a position is neither fair or accurate.

“Discretion exists. The same way a police officer might give you a warning for speeding, anyone tasked with enforcing DOLA has the right and duty to exercise discretion … they had the choice not to handle this case in such a manner, but they did so anyway. I hope they will exercise discretion in the future.”

It sure seems to me that Odie’s case – that of a dog who has never attacked anyone or exhibited aggressive behavior — was a case that called for the exercise of discretion not to lay a charge, that is, discretion not to rip an innocent dog from his family.

Jennifer, for her part, is incredibly thankful to Bobby, Tucci, Piccini, Bennett, and says “my family cannot express how thankful we are to the complete strangers around the world that expressed love, support, and a willingness to stand up for Odie and all dogs.”

Odie is back home, that’s the headline.

Having said that, one has to wonder when something will be done about legislation that can take a dog from his family based on a few arbitrary physical characteristics.