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New teeth for Dog Act

Herb Mathisen
Northern News Services
Published Monday, April 20, 2009

SOMBA K'E/YELLOWKNIFE - The pressure is mounting in the NWT for both territorial and federal leaders to strengthen animal cruelty laws, after some highly publicized cases in the North.

However, Northerners, politicians and activists agree the new legislation should reflect traditional ways of life.

Chief among concerns is the NWT Dog Act - the territory's lone piece of animal rights legislation - and the fact that, to get a conviction under it or the federal legislation, the intent to neglect or abuse has to be proven.

"You don't just have to prove that there was negligence but you have to prove that it was intentional and willful," said Sarah Hunt, president of the NWT SPCA. "That is often very hard to prove."

Earlier this year, animal cruelty charges were dropped against a Behchoko resident, because a crown prosecutor said a conviction would have been unlikely. The resident came under fire after 44 dogs were found malnourished under the man's care and were subsequently euthanized.

Hunt said if the intent clause were removed, it shouldn't affect traditional Northern activities like dog mushing.

"A dog could break its leg jumping off a picnic table," she said.

"Just because it's in the course of the activity they are doing, I can't see that as being considered as negligence or neglect. I would hope that legislation that would get introduced wouldn't limit activities that people involve their dogs in."

Robert McLeod, minister of municipal and community affairs, said he has heard the calls from the public to improve territorial legislation. He said the department is working on amendments to strengthen the archaic Dog Act.

"We kind of agreed the Dog Act provisions need to proceed as quick as we can," he said.

Jo Jo Arey, from Inuvik, has run dogs ever since he was a child.

He said before any changes are made to legislation, dog mushers should be given an opportunity to sit down and discuss what they might be.

"I think before they get into stuff like this, they should get some traditional knowledge. Talk to all the dog mushers," he said. "That's where they should get information from."

He said this was the first he'd heard about changes being discussed to the Dog Act.

Hunt said she didn't want to see any new legislation damage a particular group of animal owners.

"There can be standards in place for kennels as well that still support that culture," she said.

Under the Dog Act, she said the greatest fine anyone can receive if convicted of negligence is $25 and the greatest length of incarceration was 30 days.

"Nothing prohibits them from owning animals after paying the fine," she said.

She added there is no protection for other animals - such as cats - under the legislation.

Hunt said the federal legislation, which RCMP and by-law typically have to turn to, only protects domestic animals. Petitions are circulating in the NWT to strengthen the federal laws.

"We would hope to see some higher fines, and some sections that will include protection for stray animals and wild animals," said Hunt.

"Animal cruelty is still considered a property offense. So if you own an animal, they are covered. But if there is a stray dog running around and kids tie it to a truck and pull it down the road, it's not covered in our criminal code," she said.

Hunt said she believes the NWT must abolish the Dog Act entirely and develop a comprehensive animal protection act, so it doesn't have to rely on the federal law.

The call is getting louder, both Yellowknife MLAs Bob Bromley and Dave Ramsay spoke of the need for changes to the act during last session of the legislative assembly.

"It's just an overall awareness and realization that it's time for change and to get our legislation up to par in the North," said Hunt.

McLeod said he has heard the public is asking for it and his department would have to work in tandem with the department of justice to put something together.

"I think that's what people are asking for," he said.

"I suppose we can import one from other provinces, but we need one that is tailor-made for the North," he said, adding protection needs to be put in there for sled dogs and dog mushers.