Black Creek dogs’ fate must wait until fall

The fate of two young Newfoundland dogs should be determined by early fall.

The fate of two young Newfoundland dogs should be determined by early fall, as a court hearing for an application to destroy the dogs brought forth by the Comox Valley Regional District concluded Monday.

The two dogs  — Chum and Champ — owned by Black Creek couple Edith and Jacques Manseau are being held at the Comox Valley SPCA following seizure spurred from a Jan. 5 complaint of a vicious dog attack.

The three-day hearing, which began in March, heard from various witnesses, including neighbours, former tenants and the regional district’s animal control officer.

Monday, the Manseau’s lawyer Eric Chesterley called three final witnesses — the dogs’ veterinarian Stacey Gastis; Comox resident Ken Beachey, who examined the Manseau’s property; and canine behavourial expert Gary Gibson.

The CVRD is claiming a small Jack Russell terrier belonging to the Manseau’s next-door neighbour was dragged through a wire fence by their dogs, and received serious injuries to the throat and back.

Gastis testified he treats injuries on animals from dog bites “on a weekly basis” and most are puncture wounds from canine teeth.

He noted after looking at the patient chart of the Jack Russell, he could not find anything that he would describe as puncture wounds, and said the injuries are more typical of an industrial accident, with lesions most commonly seen in horses.

“If there was a bite, I would expect to see multiple fang bites in the chest,” he added.

Troy DeSouza, the lawyer for the CVRD, quested Gastis if his wife, veterinarian Tammi Whelan, could be considered an advocate for the Newfoundland dogs.

“Yes,” he replied.

After showing a behavourial video shot at the SPCA, which showed Gibson and his partner taking the dogs through various tests, Gibson told court Champ is “one of the least aggressive dogs you’ll ever find. He doesn’t want to react to dogs in any way, shape or form.”

He described Chum as “much more people-oriented and interactive” but when faced with an agitated dog in a kennel without much room to manoeuvre, Gibson said Chum “will not initiate a fight or an aggressive act, but will fight back if it happens.”

DeSouza told court he believes there is an option in this hearing: If Crown proves its case, to either grant the application to euthanize the dogs, or if it doesn’t, to deny the application.

He noted there are cases where Crown can seek for a conditional destruction order, but in his written submission, DeSouza said it should not apply in this case.

A conditional destruction order has four guidelines —the dog owners have complied with the law; rehabilitation for the dog(s) is likely to succeed; dog owners are responsible owners and the conditional order will ensure public safety.

If one of the conditions are breached, the dog will then be destroyed.

Both lawyers will submit written closing arguments, and a decision could be made in September, with a date to be determined.

photos@comoxvalleyrecord.com

Just Posted

Dr. Aref Tabarsi, a general pathologist at the North Island Hospital Campbell River Hospital Medical Laboratory, spoke about the issue of service in the region at a meeting in February 2020. Black Press file photo
Comox Strathcona hospital board wants pathology service back

Board supports move for chair, vice-chair to engage with Island Health on issue

B.C. Centre for Disease Control data showing new cases by local health area for the week of May 2-8. (BCCDC image)
Vancouver Island COVID-19 local case counts the lowest they’ve been all year

On some areas of Island, more than 60 per cent of adults have received a vaccine dose

An activist against human trafficking says the global sex trade is growing fast. Photo by Julian Rivera on Unsplash
Anti-human-trafficking educator appeals to Comox Valley Regional District board

Globalization, unregulated internet, limited law enforcement and a lack of prevention education… Continue reading

A nurse gets a swab ready to perform a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Island’s daily COVID-19 case count drops below 10 for just the second time in 2021

Province reports 8 new COVID-19 cases on Vancouver Island Wednesday

Canada’s demo Hornet soars over the Strait of Georgia near Comox. The F-18 demo team is returning to the Valley for their annual spring training. Photo by Sgt. Robert Bottrill/DND
F-18 demo team returning to the Comox Valley for spring training

The team will be in the area from May 16 to 24

Prince Rupert was one of the first B.C. communities targeted for mass vaccination after a steep rise in infections. Grey area marks community-wide vaccine distribution. (B.C. Centre for Disease Control)
B.C. tracks big drop in COVID-19 infections after vaccination

Prince Rupert, Indigenous communities show improvement

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The following is a list of restaurants offering take-out and patio dining. ADOBE STOCK IMAGE
List of Comox Valley restaurants offering take-out, patio dining options

Restaurants in the Comox Valley continue to adapt to government-imposed restrictions in… Continue reading

The only access to 5th Street bridge heading east (toward Lewis Park) is via Anderton Avenue. Photo by Terry Farrell.
Single lane alternating traffic controls on Courtenay bridge now in effect

Single lane alternating traffic on the 5th Street Bridge is now in… Continue reading

The bodies of Carlo and Erick Fryer were discovered by a local couple walking on a remote forest road in Naramata on May 10. (Submitted)
Kamloops brothers identified as pair found dead near Penticton

The bodies of Carlo and Erick Fryer were discovered by a local couple walking

Municipal governments around B.C. have emergency authority to conduct meetings online, use mail voting and spend reserve funds on operation expenses. (Penticton Western News)
Online council meetings, mail-in voting option to be extended in B.C.

Proposed law makes municipal COVID-19 exceptions permanent

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. (Phil McLachlan/Black Press)
British Columbians aged 20+ can book for vaccine Saturday, those 18+ on Sunday

‘We are also actively working to to incorporate the ages 12 to 17 into our immunization program’

The AstraZeneca-Oxford University vaccine. (AP/Eranga Jayawardena)
2nd person in B.C. diagnosed with rare blood clotting after AstraZeneca vaccine

The man, in his 40s, is currently receiving care at a hospital in the Fraser Health region

Saanich police and a coroner investigated a fatal crash in the 5200-block of West Saanich Road on Feb. 4, 2021. (Devon Bidal/News Staff)
Police determine speed, impairment not factors in fatal Greater Victoria crash

Driver who died veered across centre line into oncoming traffic for unknown reason, police say

Most Read