Speaking notes & annotated bibliography PDF

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speaking notes for dola presentation...

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Breed Specific Legislation – Speaking Notes SLIDE 1 - Breed Specific Legislation Discriminatory or Necessary? This presentation will be discussing the issues surrounding Breed Specific Legislation. The acronym BSL will be used when referring to Breed Specific Legislation. SLIDE 2 - What is breed specific legislation (BSL)? BSL are laws and regulations put in place that restrict certain canine breeds. These restrictions are most often based on beliefs that the breed is capable of potentially dangerous behaviours. These behaviours include posing a possibly fatal bite risk to humans and/or other animals. The main purpose of BSL is to prevent the restricted breeds from attacking other animals and humans. Some breeds that have been banned under BSL include the Japanese Tosa, Presa Canario, Dogo Argentino, and Fila Brasileiro. The most widely banned dog breed under BSL is the American Pit Bull Terrier (Mark, 2019). SLIDE 3 – BSL Explained This video gives some insight into what BSL is and provides a visual and simplified explanation. SLIDE 4 – Ethical Perspective The ethical perspective that correlates most with the issue of BSL is Utilitarianism. Utilitarianism is defined as “a theory of morality, which advocates actions that foster happiness or pleasure and opposes actions that cause unhappiness or harm” (Tardi, 2020). The main idea of utilitarianism is providing the greater good to the greatest number of people. In the case of BSL, it is believed that restricting the ownership of certain breeds of dogs that are deemed as a “danger to society” provides safety and peace to the majority. This is a very utilitarian point of view as the importance is placed solely on the majority rather than considering the minority (in this case owners of restricted breeds). SLIDE 5 - Utilitarianism Explained This video goes more in-depth regarding utilitarianism. SLIDE 6 – Why is BSL an Issue? There are many reasons that BSL is a major current issue in Animal Legislation. Firstly, these laws generalize specific breeds based on actions of individual dogs. There is no look into the nurture aspect which plays a crucial role in canine behaviour and instead, entire breeds are deemed as “dangerous” and “aggressive” because of mistakes made by individual dogs that could have resulted from aspects of their upbringing.

Next, there has been no evidence that BSL has succeeded in its goal of decreasing dog bite incidents. In fact, the amount of bite related incidents has been increasing since Ontario introduced BSL in 2005. In 2005 there were around 486 dog bites in Ontario compared to around 767 in 2014 (Pit Bull Info, 2020). Furthermore, BSL penalizes many owners for merely owning their dog whom they love and care for and there are grounds in BSL to euthanize dogs based on their breed. SLIDE 7 – BSL in Relation to Animal Law and Ethics The issue of BSL is a very relevant issue within the Animal care and Animal Legislation communities. It is an issue that puts ethics to the test as it brings up many morally insightful questions. These inquiries include is BSL considered discriminatory? And if opposed to BSL does that mean human safety is not as important as allowing certain dog breeds to be owned? SLIDE 8 – Canadian Law Involving BSL The major law that involves BSL in Canada is the Dog Owner’s Liability Act which will be referred to throughout this presentation as DOLA. The DOLA BSL related Proceedings were introduced in Canada in August of 2005 following a number of dog attacks involving Pit Bulls. SLIDE 9 – DOLA and BSL – Provisions Some of the provisions within DOLA that are related to BSL are the Pit Bull ban, ownership of restricted Pit Bulls, search and seizure, offences, and Pit Bull identification. The Pit Bull ban under DOLA states that no one shall own a Pit Bull, breed a Pit Bull, transfer a Pit Bull by means of sale, gift or otherwise, abandon a Pit Bull other than to a shelter, allow a Pit Bull to stray, import a Pit Bull into Ontario or train a Pit Bull for fighting. (DOLA, 2005) Next, restricted Pit Bulls are permitted. A Pit Bull is considered restricted if they were owned prior to DOLA coming into effect in 2005 or if they were born before the end of the 90day grace period when the ban was introduced. Owners of restricted Pit Bulls must closely adhere to the rules set out in the Act which include preventing their dog from attacking or acting menacingly towards humans or other animals. Furthermore, it is stated under section 13 of the Act that a Pit Bull may be seized when “a justice of the peace is satisfied by information on oath or affirmation that there are reasonable grounds to believe that, a dog is in any building, receptacle or place, including a dwelling house, other than in a pound operated by or on behalf of a municipality, Ontario or a designated body or in a research facility registered under the Animals for Research Act; and it is not desirable in the interests of public safety that the dog be in that location” (DOLA, 2005). There are a number of offences outlined under DOLA the main offence being noncompliance with the Act. This would result in a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or both.

SLIDE 10 – DOLA Level of Government DOLA is an Ontario Act meaning it is at the Provincial level of Government. SLIDE 11 – Relevancy of DOLA Provisions to the issue of BSL DOLA is extremely relevant to the issue of BSL. The provisions of DOLA specifically target a specific breed of dog, in this case the American Pit Bull Terrier. BSL generally restricts breeds based on their appearance rather than individual dog behaviour. DOLA clearly states that “a dog that has an appearance and physical characteristics that are substantially similar to those of dogs referred to in any of clauses” (DOLA, 2005) is considered to be a Pit Bull under the Act. This is extremely vague and solely based on physical appearance. SLIDE 12 – DOLA Pit Bull Ban Explained The Pit Bull ban was put in place in 2005 following multiple dog attacks involving the breed. This ban states no one shall own, breed, transport, or abandon a Pit Bull. One of the only exceptions to owning a Pit Bull in Ontario is if it is “restricted” meaning it was born prior to DOLA taking effect in 2005. Failure to adhere to the provisions of DOLA results in consequences such as seizure of the pet, fines, and possible jail time. SLIDE 13 – Hypothetical Example of DOLA in Effect This scenario involves a Pit Bull obtained after 2005. Jane got her Pit Bull puppy in 2016 she has always referred to him as a “mixed breed”. Jane’s new neighbour Mary moved in and Jane’s dog went to greet Mary. Mary was wary of the dog and recognized it as an American Pit Bull Terrier and saw the greeting as menacing Mary immediately reported the dog to the police. The police arrive and take a look at Jane’s Pit Bull. It is decided that the dog would be seized from Jane in accordance with the Dog Owner’s Liability Act. SLIDE 14 – DOLA Development There have been many recent developments in terms of DOLA in the past 2 years. The Act has been under review for possible repeal. In 2019 the leader of the National Democratic Party stated that the Pit Bull ban under DOLA “didn’t really do what it was supposed to do, and it was not an effective way of dealing with dangerous dogs” (Horwath, 2019). If the Act is repealed Ontario Government will put in place stricter penalties for negligent dog owners, animal abuse and neglect would be considered, along with more public education on how to approach dogs rather than breed specific discrimination.

SLIDE 15 – Criticism – Personal Perspective In my personal opinion, DOLA and BSL as a whole are unneeded and discriminatory. Specific breeds are generalized and deemed as a danger to society without considering the individual dog’s behaviour and temperament. In turn, society has learned to fear the breeds

under these laws without ever giving them a chance. These laws are also primarily based on appearance and at times penalize dogs who are not members of the banned breed for the sole reason of resembling the banned breed. There is also no scientific evidence that Pit Bulls are innately aggressive, the laws are based on mistakes made by individual dogs that could have resulted from any number of factors including potential abuse or neglect. SLIDE 16 – Change for the Future One of the main ideas I would push to illicit change for the future is education. Educating society regarding specific breeds and how to behave around a dog in general would positively impact both society as a whole as well as dogs. Having a general background on canine behaviour would greatly reduce the amount of dog attacks and bites experienced. Promoting responsible ownership is also an extremely important factor in reducing dog aggression and preventing attack and bite incidents. Owners staying diligent when it comes to training and care for their dogs would be a huge preventative factor when it comes to dog related incidents. SLIDE 17 – Conclusion Overall, the ongoing issue of BSL is both unnecessary and discriminatory. There are many preventative factors that can be put in place rather than targeting a breed as a whole. Dog bite prevention could include breed specific education and promoting responsible ownership. Before putting BSL into place officials should consider the idea of nature versus nurture. In many cases, nurture is the leading cause of dog aggression due to possible neglect and abuse.

Annotated Bibliography

An article discussing recent developments in Breed Specific Legislation in Ontario. Beauchamp, C. (2021). BSL. Retrieved from https://www.staffordcanada.com/emotional

An article describing recent developments to the Dog Owner’s Liability Act. Ferguson, R. (2019, October 07). Momentum grows for end to ONTARIO'S pit bull ban as NDP and Greens express support. Retrieved from https://www.thestar.com/politics/provincial/2019/10/07/momentum-grows-for-end-toontarios-pit-bull-ban-as-ndp-and-greens-express-support.html

The complete Dog Owner’s Liability Act. Government of Ontario. (2018, November 19). Dog Owner's Liability Act. Retrieved from https://www.ontario.ca/laws/statute/90d16#BK10

An article stating breeds that have been or are currently banned under BSL. Mark, D. (2013, April 13). Five commonly BANNED dog breeds. Retrieved from https://pethelpful.com/dogs/five-commonly-banned-dogbreeds#gid=ci026d9d83300425c4&pid=five-commonly-banned-dog-breedsMTc0OTY5MTQ2NTAzOTk2ODY4

A description of the Dog Owner’s Liability Act. Ministry of the Attorney General. (2005). Information on the Dog Owners' Liability act and public safety related to Dogs statute Law Amendment act, 2005. Retrieved from https://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/dola-pubsfty/dolapubsfty.php#:~:text=The%20legislation%20bans%20pit%20bulls,a%20danger%20to %20the%20public.&text=The%20recent%20amendments%20to %20DOLA,regardless%20of%20breed%20or%20type.

An article stating bite rates in Ontario. Pit Bull Info. (2020). BSL in Toronto = 57% increase in dog bite incidents. Retrieved from https://www.pitbullinfo.org/bsl-fails-to-reduce-dog-bites.html

An article describing the problems regarding Breed Specific Legislations. Stafl, H. (2019, March 8). Breed-specific legislation doles out careless, ineffective punishment. Retrieved from https://www.queensjournal.ca/story/2019-03-07/editorials/breedspecific-legislation-doles-out-careless-ineffective-punishment/#:~:text=Breed %2Dspecific%20legislation%20involves%20the,wide%20ban%20on%20the%20breed

An article defining and describing Utilitarianism. Tardi, C. (2020, December 14). Utilitarianism defined. Retrieved from https://www.investopedia.com/terms/u/utilitarianism.asp...