Death row dog’s fate postponed yet again in Comox Valley courtroom

A Courtenay judge granted another 30-day stay Tuesday for the fate of a Newfoundland dog that he deemed dangerous in January.

A Courtenay judge granted another 30-day stay Tuesday for the fate of a Newfoundland dog that he deemed dangerous in January.

Sutton also proposed the female Chum — that he ruled last month to be dangerous — be sent back to her breeder in Saskatchewan.

During the hearing, lawyers for both the Comox Valley Regional District and Jacques Manseau explained the breeder option no longer exists (only if Chum and her fellow Newfoundland dog Champ are transferred), and both sides presented new options to Sutton.

Troy De Souza, the CVRD’s lawyer who appeared via teleconference, offered a new rehoming location for Chum on a five-acre rural property somewhere between the Comox Valley and Nanaimo.

“It balances public safety and allows Chum to live,” he explained.

Replacing Manseau’s former lawyer Eric Chesterley, Rebeka Breder, a Vancouver-based lawyer who specializes in animal law, argued the new option is not suitable.

“There is significant medical issues with Chum,” she said. “(The proposed rehoming option) is a high traffic area with bears and cougars and active logging and gravel pits.”

Breder presented another option to Sutton — an owner in Nanaimo who would be willing to take Chum.

“We found what we think is the perfect solution to everything,” she noted, and added the owner, an RCMP officer, has a large property and has experience with large-breed dogs and has a letter of consent from the City of Nanaimo.

DeSouza argued the late option presented by Breder is unacceptable because the CVRD had already offered various other adoption options, which were previously rejected, and Breder was making incorrect assumptions without viewing the property.

“We tried the option on adoption — both parties had time — now we’re not even at the 11th hour, we’re now beyond the midnight hour in making a decision,” he said.

Sutton said there are a number of factors that concerned him about the proposals, and reminded both lawyers that he does have a third option — for him to issue a conditional destruction order.

“It seems to me the best interest is not being served,” he noted.

He dismissed an interim order, and said although he does not have jurisdiction over the male dog Champ, he does not want to the dogs in the same home together.

He explained he is prepared to allow Mr. Manseau to look at further options because the Saskatchewan breeder option is no longer available, but added “quite frankly, we should have a consent order if Chum’s health is in dire need.”

The two sides will schedule another court date for two hours to present evidence to Sutton for an appropriate rehoming option.

The CVRD brought forth an application to destroy the dogs in January 2012 following a complaint of a vicious dog attack. The dogs were taken by the CVRD on Jan. 26, 2012, and were being held at the Comox Valley SPCA following their seizure.

Just Posted

Strong winds up to 100 km/h for parts of Vancouver Island

Wind warning in effect for north, east and west Vancouver Island into Saturday morning

Comox Legion celebrates Robbie Burns day

The Comox Valley Pipe Band Society is celebrating Robbie Burns on Jan.… Continue reading

VIDEO: École Puntledge Park Elementary celebrates winter solstice

The event was a part of the school’s Indigenous education curriculum

Valley company reaching out to women near and far

Three Comox Valley business women know firsthand what good menstrual products can… Continue reading

B.C. storm totals $37M in insured damages

The December storm wreaked havoc on B.C.’s south coast

VIDEO: U.S. Congress to probe whether Trump told lawyer Cohen to lie

At issue is a BuzzFeed News report that about negotiations over a Moscow real estate project

Charges upgraded against mother of murdered B.C. girl

Kerryann Lewis now faces first- rather than second-degree murder in the death of Aaliyah Rosa.

Explosion sends B.C. firefighter to hospital

Kelowna fire crews responded to a blaze at Pope’sGallery of BC Art & Photography on Friday

Ex-Mountie investigating ‘Surrey six’ murders pleads guilty to obstruction

Derek Brassington entered his plea in B.C. Supreme Court on Friday

Rare ‘super blood wolf moon’ takes to the skies this Sunday

Celestial event happens only three times this century

Arrest made after historic B.C. church hit by arson

The fire at the 150-year-old Murray United Church in Merritt was considered a possible hate crime

B.C. dangerous offender in court for violating no-contact order, sends letter to victim

Wayne Belleville was shocked to see a letter addressed to him from his shooter, Ronald Teneycke

Man blames his loud car radio, sirens for crash with B.C. ambulance

Tribunal rejects bid to recoup ICBC costs after crash deemed 100-per-cent his fault

Most Read