Remember Shadow (the Malamute) vs RDCO?

[brian brown]

Remember Shadow (the Malamute) vs RDCO?

Well, they're at it again. This time with a shepherd x

Petition here

News story here

Dave's story about Diesel:

I adopted Diesel in the summer of 2006. As I was told his history – he was a university dog who might have been locked in a room for periods of time. He was then given to one of the students parents who also had two ADHD foster kids. Diesel is 96 lbs and he is both bouncy and excitable. The people felt Diesel would be better in a different home and I accepted. I will say that when I first got him he would always make a beeline for any open door to the outside—which I eventually cured him of. He came to live with my cat and I and they got along well-sometimes even cuddling.

In November 2006 to April 2007 there were three incidents with the same 12 year old daughter of one of my neighbors where she was scared of him. He never bit her –just drooled on her coat. Complaints were filed and I received a ticket for aggressiveness. I did contest the ticket but tossed the paperwork out and so when RDCO lost it Diesel was deemed aggressive June 22 2008.

June 09 2008 I stopped a neighbor who was building illegally.

December 31, 2008—Diesel was attacked by another dog and on the third attack Diesel responded and the other dog was injured. I offered to give the dog and owner a ride to the vet and also offered to pay at least part of the bill. The offer of a ride was refused. This incident has never been investigated by RDCO

January 2009—I withdrew my offer to pay when I was made aware that there were allegations being made about both Diesel and myself that were false. It was said that Diesel attacked unprovoked and I was accused of physical intimidation, stalking, harassment, and making threats.

February 2009. The same owner now makes allegation of second attack—again the RDCO never investigated.

April 2009. The same owner solicits people to make complaints from area around where she resides

April 22, 2009—Incident—RDCO issues two tickets and both tickets were disputed in Court and were dismissed.

July 13, 2009 Complaint made re barking—not Diesel-- but RDCO issues verbal warning.

Dec. 09.2009 Ticket dispute—RDCO fails to appear—ticket dismissed.

August 03, 2010 Diesel (and Monty) chase cat on road allowance for 10 feet. A Verbal warning issued by RDCO.

August 24, 2010—Neighbor stopped from illegal building above and wife file complaint—he threatens RDCO with lawsuit if nothing is done. RDCO takes me to court. November 25, 2010 Justice BURGESS delivers a finding of NOT GUILTY.

August 25, 2010—I was verbally abused by owner of cat from above.

October 20, 2010 Complaint made and again the RDCO did not investigate.

January 13, 2011 I was profaned by a neighbor who was shovelling snow onto a public walkway, thereby endangering many lives and limbs of kids and adults up to 84 years of age that regularly used the walkway. After being profaned by the shoveller when I went to talk to him, I phoned the local by-law officer and neighbor was visited. By-Law officer noted in follow up that the snow was not removed as it should have been but it did eventually melt. Shortly after this I had excrement smeared on my house entranceway.

Feb 26, 2011—Complaint made –again not investigated by RDCO

March 11, 2011—Diesel seized by RDCO.

Other things that I think should be known.

1. The uninvestigated complaints only became known to me when I received disclosure from RDCO –after Diesel had been seized and we were going to court.
   
2. It was stipulated in Court that there were never any other incidents involving Diesel no matter where he was –except for the two block area where all the complaints were centered.
   
3. Diesel has been in the company of up to twenty dogs and equivalent adults and children on many occasions. There were never any problems. Play time was had by all.
   
4. June 2011—Dana Eklund assessed Diesel and her recommendation was that he never be release because he would bite someone or some dog. It is interesting that in the assessment documentation provided by Ms. Eklund she was given a twenty minute briefing on Diesel by animal control on the instructions of their legal council.
   
5. In Court—her testimony was totally belied by Gary Gibson’s assessment with, video which showed that many descriptions of Diesel’s behavior made by Dana Eklund were exactly the opposite in the video.
   
6. A witness who was phoned by RDCO after being given her name by the active woman, filed a complaint that Diesel had bitten her. When court time came, she first tried to avoid coming, and after the Judge demanded her presence, she was not able to confirm the supposed incident and the RDCO, through their lawyer, immediately withdrew from this unproven, uninvestigated allegation.
   
7. March 11, 2011—I filed job complaints with respect to the failure to investigate by RDCO, and a harassment complaint with respect to an employee threatening to terminate my visits with Diesel because of the way I fed him biscuits.
   
8. March 13, 2011. I received a response that nothing was going to be done about my complaint.
   
9. March 23, 2011. I replied with comments regarding the refusal to act re #8.
   
10. March 30, 2011. I received an offer to release Diesel with a full conviction, and several other conditions.
    
11. March 31, 2011. I made a counteroffer to #10. I have not received a response to this day.
    
12. One of the complaints was when both dogs, (Monty has since died due to cancer), ran out from the yard onto the road and Diesel barked at two dogs being walked. The owner filed a complaint but stated that the concern was just to ensure the dogs did not run out. There was no desire to seize the dogs in her statement.
    
13. I have been accused of being difficult and I agree at times I certainly can be, but I have worked for 26 years as both a paramedic and a financial advisor. I also have spent countless hours volunteering my time and knowledge to different local and Provincial organizations, and still do to this day in retirement.
    
14. The Provincially recognized expert dog assessor, Gary Gibson, showed both in written submissions and video records that Diesel was not a dangerous or aggressive dog, but would respond if attacked.
    
15. The RDCO has opposed every attempt to a) get bail for Diesel, increase visitation hours—only one-half hour per week is allowed, and has in general has not been cooperative in many ways. Perhaps I have responded in kind so I guess in their eyes I am difficult to deal with.
    
16. Under FOI requests it was found out that RDCO animal control has no written policy and procedures, and the training is verbal only. It was also established that they are only concerned with enforcement.
    
17. Diesel has never bitten anyone, and only one dog was injured by Diesel, after Diesel was attacked by the dog, and yet Diesel has spent almost 17 months in a cage. The other dog is still free and as far as I know, fully recovered for some time.
    
18. I will say again—if I had any concerns that Diesel would injure a human or a dog without cause I would put him down myself. I have lived in Peachland since 1978 and have owned several Shepard crosses without having had anything like this happen. I am still astounded at the progression of events and again would like to thank all those who have taken the time and energy to become involved.
    

I think I am done. If I can answer any other questions or clarify any thing I have said then please do not hesitate to ask.

Diesel has been described as a bit of a brat personality wise, but loves people, kids animals, and basically just wants to play and visit. If I am the reason people have gone after Diesel then I have a huge debt to pay him. I hope I have the chance to do that.

It also must be said that while I have little respect for most of the people associated with this situation, I do recognize that hopefully there is the possibility that some involved will change and also that what has happened to Diesel and also Shadow, will never happen again without then proper procedures and investigations being followed and done.

[Removed #5]

Diesel was ruled originally to be put down on Aug 9th then later reports say that the date had been moved to Aug 29th ( I think, late Aug anyway ) a Google scan show nothing after those reports - some later information might be helpful.

People who post FaceBook pages requesting help --- might help a lot if you made them public, some of us don't do FaceBook.

[brian brown]

Diesel was ruled originally to be put down on Aug 9th then later reports say that the date had been moved to Aug 29th ( I think, late Aug anyway ) a Google scan show nothing after those reports - some later information might be helpful.

People who post FaceBook pages requesting help --- might help a lot if you made them public, some of us don't do FaceBook.

That's why I posted the link to news info & petition, hardly use Facebook myself

At least the Shadow case was put on a website of it's own

Edited to add: There has been an appeal so the case is in limbo. I've posted up asking for a date for the hearing

Edited September 3, 2012 by brian brown!

[Rosemary]

Signed .................

[Emma]

Signed on the dotted line. Hope it helps x

[emmy-lou]

Signed xx

[brian brown]

This is going to the Supreme Court in America, no date as of yet.

This case will set a precedent for Judges and legal authorities in BC on how to interpret the Community Charter, Sectiion 49. There is an ongoing legal battle about how the Charter should be interpreted by both Judges and lawyers. Troy DeSouza told Diesel's Judge he had to decide to destroy or return Diesel home unconditionally. Other lawyers & Judges say no, there is another choice - the dog can be released with some conditions. So if Diesel's case wins on the grounds that the Judge erred in his interpretation of the Charter (saying Diesel had to be destroyed or returned home), then a new precedent is set for all legal authorities in BC to allow for conditional release of a dog. Because this is a Supreme Court decision it will carry much weight in future decisions in BC. We need to help fund this appeal.

Good news: http://www.cbc.ca/daybreaksouth/news/2012/08/01/regional-district-to-change-how-it-deals-with-dangerous-dogs/

[h=1]Regional District to change how it deals with dangerous dogs[/h]

Shadow was kept in the CORD pound for almost 15 months while her owners fought an order to put the dog down (Contributed by: Shadow vs. RDCO Facebook page)

There's been a public uproar over how the Central Okanagan Regional District handles so-called problem dogs.

The case of Shadow, a young dog held in custody for 15 months, caused upwards of 100 people to protest at the district's last meeting.

And Shadow isn't the only dog that's been held for months at the pound.

Robert Hobson is the chair of the Central Okanagan Regional District. He admits the district has been too restrictive in how it handles dog complaints, and going forward will work more collaboratively with dog owners.

[s200rey]

Signed! what a horror story! poor dog!!

[Vlad]

Signed

[Osinn11]

People who post FaceBook pages requesting help --- might help a lot if you made them public, some of us don't do FaceBook.

Here here!!

[Thistle]

Just signed and shared it on my facebook... It said only 190 signatures needed so come on guys

[Ravenwolf]

It's stuff like this that genuinely frightens me about dog ownership. So much of it is he said/she said, so much of it is poor ownership and lack of understanding in dog language ("your dog growled at mine [who was leaping at yours when he wanted to be left alone], your dog is aggressive!"), and so much of it is the accused dog being guilty and sentenced to death before anything is even proven. Someone points as a dog and says "dangerous" and the authorities just say "okay" and opt to seize and destroy.

It sounds to me like this guy has a lot of personal issues with his neighbours, and the dog's life hangs in the balance because of it. Now THAT is inhumane cruelty! Try to get someone's dog killed because you don't like them?

[brian brown]

Totally agree with every word Ravenwolf

It would appear that he hasn't been the best dog owner in the world but as the dog hasn't attacked anyone or anyone's pet (only barked - don't they all?) I can't for the life of me see why he should have been seized or destroyed.

[Kishan.T]

Signed x