SOMBA K'E/YELLOWKNIFE - The most talked about part of proposed amendments to the NWT Dog Act at a public hearing on Thursday was a vague clause that cleared a person of animal cruelty charges if they were treating their dog in accordance with traditional practices of dog care, use and management.

Sarah Windle, treasurer for the NWT SPCA said cruelty is cruelty, regardless if it's part of a traditional lifestyle or not.

"It's a loophole that is going to have to be examined more closely," said Windle, who was at the public hearing with three other members of the organization.

Veterinarian Dr. Tom Pisz called the legislation a "step in the right direction" but also had a problem with the clause about traditional dog use. He said what is abuse and neglect is subjective. If the traditional way of treating animals is abusive - say, left alone with minimal food and shelter - then "the act should change that."

"I think the act should direct to improve the way we treat animals," he said.

On the other side, Mackenzie Delta MLA David Krutko said the hardy huskies that aboriginal people use to assist them in hunting and transportation, among other things, were bred for a rugged lifestyle. He is worried RCMP and bylaw officers may view ordinary practises involving sled dogs as abusive if they are not familiar with the culture, adding it could make criminals out of people who live a traditional lifestyle.

Weledeh MLA Bob Bromley agreed, saying he did not want to see "overly aggressive enforcement."

Robert C. McLeod, minister of Municipal and Community Affairs, said he thinks the enforcers will use common sense and their discretion in enforcing the act.

Yellowknife Centre MLA Robert Hawkins said "we wouldn't need any laws if common sense prevailed."

The current legislation imposes a fine of $25, or 30 days in jail, for neglecting or abusing a dog. Under the amended act, the fine would be up to $5,000 for a first offence, or three months in jail, and up to $10,000 or six months in jail for subsequent offences.

Both Hawkins and Great Slave MLA Glen Abernethy wanted to see an amendment to the act to support humane methods of putting an animal out of its misery if it is sick or hurt. Nothing in the amendments specify this must be done in a humane way. Abernethy cited a recent example of seven newborn puppies being found at the the Behchoko dump in late 2009 with their throats slit. Only one survived.

Kam Lake MLA Dave Ramsay chaired the public hearing and said he would like to see all-encompassing animal rights legislation come through in the future, but that this was a step in the right direction.

There will be another public hearing on Monday at noon at the legislative assembly, and two more on Jan. 18 and 19 at 7 p.m.

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