The city of Montreal will be in court Friday morning to challenge the indefinite suspension of parts of its animal control bylaw that targeted “pit bull-type dogs.”
The city was granted permission in October to appeal a Quebec Superior Court decision that suspended the pit bull ban.
Elements of the bylaw pertaining to pit bull-type dogs have remained suspended since then, meaning the dogs can still be acquired and adopted, and current owners do not have to buy a special $150 permit or muzzle them when outdoors.
If the city wins its appeal, the suspension will be lifted and the pit-bull ban will come into effect. If the city does not win, the suspension will stay in place pending a court case on the legality of the new bylaw, to be heard months from now.
Montreal’s animal-control bylaw came into effect Oct. 3, but elements pertaining to pit bull-type dogs were ordered suspended the same day in response to a lawsuit by the SPCA.
In his ruling, Judge Louis Gouin said the bylaw’s definition of pit bull-type dogs was too vague and the ban would cause “irreparable prejudice” to dogs that are not dangerous.
Gouin said clauses of the bylaw looked as though they were written in haste, often raised more questions than they answered, and suggested the city “go back to the drawing board.”
The city has argued the regulations are for the good of the public. The bylaw was designed to phase out pit bull-type dogs in Montreal in the wake of a fatal dog attack in June. The breed of that dog has still not been determined.
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