Ralph and Bonnie Quarry with their dogs Blue and Lulu. (supplied photo)
Two dogs have been returned to a Tara couple by court order after they were seized by a local animal control officer earlier this year.
Owners Ralph and Bonnie Quarry say their difficulties began in January when the animal control officer for Arran-Elderslie advised their American Bull Dog “Blue” and American Bully “Lulu” would be removed from their home, due to them looking like pit bulls, a banned breed in Ontario under the Dog Owners’ Liability Act.
According to the Quarrys, Arran-Elderslie’s animal control officer was first alerted about their dog Blue after he chased the neighbor’s cat out of the yard, and a call was made against the dog.
The Quarry’s legal counsel Kelsey Good says Ralph was charged in April with provincial offences for owning pit bulls.
On Aug. 9, the animal control officer along with six officers presented a warrant to take both of the dogs after complaints were received about Blue.
The Dog Owners’ Liability Act says a pit bull includes any dog “that has an appearance and physical characteristics that are substantially similar” to pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers or American pit bull terriers.
The animal control officer for Arran-Elderslie is the same one who provides service to West Grey, which is also involved in a dispute with a Varney grandmother who had her two American Bullies Nove and Dexter held under the Dog Owners’ Liability Act and later shipped out of province.
The lawyer representing the Municipality of Arran-Elderslie, Andrew Loucks, explains reports came in about Blue on how he reportedly was acting aggressively, including loud barking and “its hair standing on edge.”
When both the dogs were taken into custody, tests were reportedly administered to determine their breed. The Quarry’s legal representative argues, the administering of tests was a breach of an unlawful search without a court order.
Ontario Justice of the Peace Adriana Magoulas, who presided over a hearing concerning the custody of the dogs, noted in her opinion there may have been charter of rights issues involved in conducting the tests.
Magoulas identified when the dogs were taken from the Quarry household they were moved to a licensed animal shelter outside of the immediate area. This was due to the local facility not being set up for long term care.
It was pointed out during the court proceedings, the Municipality of Arran-Elderslie was aware of the dogs for two years, but nothing was done about it until the animal control officer was notified back in January.
Justice of the Peace Magoulas noted the dogs do not have a history of biting anyone, and the only worrisome report was Blue was seen chasing a cat.
Magoulas ruled the dogs be returned to the Quarry family, provided a fence be put up around the property, and the dogs be leashed and muzzled while outside the home.
Good says the provincial charges under the Dog Owners’ Liability Act against Ralph are still outstanding following a judicial pre-trial on Sept. 9, with a follow up discussion set for Nov. 18. No official trial date has been set as of yet.
In a follow up conversation with Good, she says if Ralph is convicted of owning pit bulls, the dogs will either be shipped out of the province or be put down.
Bayshore Broadcasting News reached out to the CAO of Arran-Elderslie for comment on this story, but received no response prior to publication time.
