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.

photos@comoxvalleyrecord.com

Just Posted

Tommy Chong says cannabis legalization makes him proud to be a Canadian

Legendary marijuana advocate and comedian celebrates cultural milestone at Kelowna event

Basket raffle a Comox Valley Child Development Association Children’s Telethon tradition

One-stop Christmas shopping with Winner Takes All Basket rffle

Comox Valley gives back

A look at some of the organizations and individuals who help out in the community

Golden anniversary for G.P. Vanier Thursday

It was a day of celebration for students, educators and administrators past… Continue reading

Singer k.d. lang receives Alberta’s highest honour

Celebrated singer-songwriter k.d. lang received the Alberta Order of Excellence in Edmonton

Comox Valley gives back

A look at some of the organizations and individuals who help out in the community

B.C. tickets win big in Lotto Max draw

Jackpot carried over; B.C. tickets share Max Millions prizes

‘Mom, I’m in trouble:’ Canadian faces 10 years for alleged graffiti

Brittney Schneider, another tourist caught spraying message on walls of Tha Pae Gate in Thailand

Feds consulting on national anti-racism strategy behind closed doors

Heritage Minister Pablo Rodriguez says people still face systemic racism in some communities

Enbridge aims for mid-November to finish B.C. pipeline repair after blast

A natural gas pipeline that ruptured and burned near Prince George caused an explosion and fireball

How to get government cheques if Canada Post staff go on strike

The Canadian Union of Postal Workers said members could go on rotating strikes as early as Monday

Anti-SOGI school trustee files defamation lawsuit against BCTF president

Barry Neufeld says Glen Hansman’s words caused him “indignity,” “personal harassment,” and “anxiety”

Most Read