SOMBA K'E/YELLOWKNIFE - A proposed amendment to the NWT's dog act is proving to be a contentious issue and was the subject of debate during a public consultation at the legislative assembly in Yellowknife on Jan. 13.

Animal rights groups, hunters, trappers and mushers are weighing in over a clause that differentiates between animal cruelty and treating a 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 SPCA.

Hay River's Bonnie Dawson, the founder of Action for the Protection of Northern Animals, condemns the proposed clause in the act..

"That loophole will render it totally useless," she said, adding she is completely opposed to the clause, calling it deadly.

Dawson said MLA Dave Ramsay has been receiving e-mails, letters and faxes protesting the clause from major animal rights groups, such as the Animal Alliance of Canada and the Animal Defence League of Canada.

Plus, she has started an online petition protesting the clause.

"I'm doing everything I can to draw negative attention to this to get this loophole deleted in its entirety," she said.

Dawson said no one is above the law and should face the consequences of their actions.

"What I want is a comprehensive animal protection act for domestic animals," she said. "It's got nothing to do with wildlife or traditional hunting rights, and there seems to be confusion there. This is for domestic animals, be it a dog, a cat, a guinea pig, a ferret."

Dawson will also make her concerns known when the legislative assembly committee holding hearings on the act stops in Hay River on Jan. 18.

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 aboriginals use to assist them in hunting and transportation, among other things, were bred for certain lifestyles. Under the proposed amendments RCMP and bylaw officers may view ordinary practices involving sled dogs as abusive if they are not familiar with the culture, adding the act could make criminals out of people for living traditionally.

Inuvik dog team owner Mike Baxter, president of the Beaufort Delta Dog Mushers and someone who uses animals in what can be deemed a traditional way, said the clause excepting "locally accepted or traditional practices," should not be part of the territory's new Dog Act because it "cuts too wide a berth" for potential animal abusers. Baxter said all dog owners should have to follow the same basic rules for animal care.

"It shouldn't be there at all. What's good for one is good for all," he said, adding that there's a danger that people could "tend to use that excuse, tradition, to offset neglect."

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.

These measures might cost communities money to enforce, as well as to upgrade community kennels that might not meet the act's standards

Nunakput MLA Jackie Jacobson asked how much these measures might cost the communities, as did Krutko.

McLeod said that consultation has not taken place but will if and when the act passes. Jacobson and Krutko each stated they thought doing it after the act passes would defeat the purpose.

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 increase 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 Yellowknife Centre MLA Robert Hawkins and Great Slave MLA Glen Abernethy wanted to see an amendment to the act to support humane methods of euthanasia if it is sick or hurt. Currently, 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 Behchoko dump in late 2009 with their throats slit. Only one survived.

Ramsay, who chaired the public hearing, 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.

- with files from Katie May and Paul Bickford

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