Ontario Court Of Appeals Upholds Province's Pit Bull Ban

Pit Bulls Ruled "Unpredictable"

Toronto, CA - Pit bulls are dangerous and unpredictable dogs that have the potential to attack without warning, the Ontario Court of Appeal said today in a decision upholding the province's ban on the animals. The Ontario government enacted the Dog Owners' Liability Act in 2005 to ban the breeding, sale and ownership of pit bulls after several incidents in which the dogs attacked people.

The ruling confirms that the ban is constitutional.

The pit bull law survived a constitutional challenge in March 2007, though some changes were ordered. Superior Court Justice Thea Herman said a ban on "pit bull terriers" was unconstitutionally vague because it didn't refer to a specific type or breed of dog. The Appeal Court not only disagreed with Herman's ruling, they fully restored the law to the form in which it was enacted.

"The total ban on pit bulls is not 'arbitrary' or 'grossly disproportionate' in light of the evidence that pit bulls have a tendency to be unpredictable and that even apparently docile pit bulls may attack without warning or provocation."

"This evidence of unpredictability provided the legislature with a sufficient basis to conclude that the protection of public safety required no less drastic measures than a total ban on pit bulls." (view full ruling)

The lawsuit was initiated by Catherine Cochrane, who hired lawyer Clayton Ruby to try and strike down the law. Ruby had argued that the "breed-specific legislation" passed by then-Attorney General Michael Bryant wasn't clear on what constituted one of the dogs and was too confusing to be enforceable. The two are now considering an appeal to the Supreme Court of Canada.

Related articles:
03/02/08: Ontario Pit Bull Ban Greatly Reduces Bite Count
02/26/08: U.S. Supreme Court Leaves Intact Ohio Supreme Court’s Ruling...

2008 Dog Bite Fatality: Infant Dies After Being Mauled in Waianea

Infant Died Quickly
UPDATE 10/07/08: Opal Sao, the grieving dog owner, said she left the baby on her bed, asleep, and had gone to the kitchen for a drink of water just after midnight. Penelope Rose, a pit bull mix, followed her to the kitchen, but while Sao was drinking, she realized the dog had left. She ran to the bedroom to find the dog standing on the bed over the baby.

The bed was reportedly off limits to the dog.

By the time she handed the baby to her niece, his mother, the baby was dead. But the dog attacked the niece, biting her thigh and calf. "The dog went wild," Sao said. "Penny grabbed my niece's leg. She was attacking her. I attacked the dog to get her off. Penny's behavior was something I'd never seen before. I didn't recognize her." The dog was euthanized yesterday by the Hawaiian Humane Society. The mother was not named.

"It replays over and over in my mind," Sao said. "If only we could go back in time. I'd give my life to bring this baby back. It was a tragic mistake." The Honolulu medical examiner's office conducted an autopsy yesterday and said the baby died from "cranial cerebral injuries" from a dog attack. The state Department of Human Services said it was investigating the attack, under a "possible lack of child supervision."

Sao said she bought the dog when it was 6 weeks old as a gift for her husband, who lives in 'Aiea. The dog lived four of the last five years of its life there, until it moved to her Wai'anae home about a year ago. The dog, she said, was not raised to be malicious or violent. Just recently, Sao had let Penny out of the kennel in the backyard to socialize with other dogs, who were inside and outside dogs. Soa said the dog had never attacked anyone before.

A Family Grieves
With only a few precious pictures of 8-week-old Iokepa, family members are grieving and seeking solace in each other's arms. Friends and family dropped by the home all day yesterday bearing flowers and food. A sheet of laminated photos taken at the hospital shortly after Iokepa was born on July 30 at 7 pounds, 12 ounces, was passed around to family and friends. A funeral date has not been set. Sao said. "We've been crying since Sunday..."

10/07/08: Star Bulletin Alters Story (Revised Story)
On October 6th (below link), the Star Bulletin published a story where the dog was described as a "pit bull mix" in several instances. The following day, these instances were removed. This may be due to pressure from the Hawaiian Humane Society, an entity that did not allow anyone to photograph the dog, did not offer a description except for a "mixed breed" and has many online news articles that show a clear biased toward protecting pit bulls.

DogsBite.org has written a letter to the publisher of the Star Bulletin asking for clarification. Specifically, why did the newspaper alter the description given by a witness, why wasn't the timestamp of the article updated -- to reflect that a change was made -- and why does the newspaper trust that the "mixed breed" identification offered by the society is true? Certainly the society can determine if the dog is a collie-mix or other mix.

10/06/08: "Hiding the Breed" Continues (PDF Original Story)
The Hawaiian Humane Society did not allow KITV to film the dog being held at their facility. Keona Leslie and his wife live in a home behind the family and heard screaming. "At first I thought it was a domestic fight," said Leslie. "But it was a startled, surprised scream that went on for a while." His wife called 911 after the couple heard women screaming and rapid, agitated footsteps across a wooden floor.

Robert Vidinha has lived behind the family's home for 32 years. Four years ago he built a 4-foot-high iron fence because the dog, named Penelope Rose, would bark violently at his young grandchildren. "My grandchildren couldn't go into the back yard because I thought that dog was dangerous," said Vidinha, 68. Vidinha said three other dogs lived at that home, but only Penelope Rose had a mean spirit.

10/06/08: Hawaiian Humane Society in Denial
The dog is now being identified as a pit bull. KHON states, "[Pit bull] A breed believed responsible for a young child's death." This may be another instance of an animal agency attempting to hide the breed. Initial reports labeled the dog a "mixed breed." This label was presumably supplied by the Hawaiian Humane Society because they had custody of the dog.

"That maybe the case [in reference to the breed], but definitely we don't feel this is breed specific to a pit bull or a rotweiler,' says Kawehi Yim, Hawaiian Humane Society. The Hawaiian Humane Society says no particular breed is more dangerous or deadly than another.

The Hawaiian Humane Society was founded in 1897. There is no excuse for the organization to be "unaware" of the pit bull's horrendous safety record, which began in the mid 1980's. For over twenty years pit bulls have been killing American citizens at alarmingly high rates compared to other breeds. One has to wonder if "prevention" is truly a goal of the organization.

10/05/08: Family Dog Attack
Waianea, HI - In a developing story, an infant, who has been identified as Iokepa Liptak, was pronounced dead at an area hospital early this morning after being mauled by a dog shortly after midnight at the family's home. The baby was 2-months-old and was attacked by the family dog, according to Major Frank Fujii of the Honolulu Police Department.

The dog, a black mixed-breed, was seized and is being held in isolation, said Kawehi Yim, Hawaiian Humane Society spokeswoman. The baby's mother was also bitten and taken to the hospital; she is reportedly in stable condition. An ambulance crew was called back to the home less than hour later to treat another adult who was not taken to the hospital but was also injured in the attack.

Nearly half (8 of 20) of the fatalities in 2008 have involved a child 1 year and younger.

Related articles:
09/25/08: 2008 Fatality: 3-Day Old Infant Killed by Family Dog
09/07/08: 2008 Fatality: Alexis Hennessy, 6-Days Old, Killed By Family Dog

Fort Riley, Kansas Army Base Bans Pit Bull Type Dogs

Banned Dog Breed Policy
Fort Riley, KA - On September 30, 2008, Fort Riley Army base issued a memorandum for distribution. The subject of the memorandum was titled: Banned Dog Breed Policy. Effective October 1, 2008, Fort Riley banned new and unregistered pit bulls, American Staffordshire terriers and crosses of these breeds from the entire base.

  1. Effective October 1, 2008, pit bulls, American Staffordshire terriers, and crosses of these breeds will no longer be allowed on Fort Riley. This policy applies to Soldiers, Family members and civilians who own a pit bull, American Staffordshire terrier, or a cross of this breed of dog. Any pit bull, American Staffordshire terrier, and crosses currently residing in on-post housing and registered with the Fort Riley Veterinary Clinic before October 1, 2008 will be allowed to remain in on-post housing. However, no newly acquired pit bulls, American Staffordshire terriers, or a cross of these dog breeds will be allowed.
  2. This breed of dog has been bred for the purpose of aggression and may pose a danger to Soldiers, Families and visitors to Fort Riley. The pit bull, American Staffordshire terrier, or a cross of this breed has a genetic propensity which may lead to unprovoked aggression or attacks. This policy has taken into account the fact that Soldiers and Families become very attached to their pets; however, it also takes into account the fact that the safety of everyone on the installation is the primary concern.
  3. This policy change will be included in the new Fort Riley Regulation 40-28, Pet Control and Disease Prevention currently under revision. Fort Riley Regulation 40-18 is referenced in the Fort Riley Resident Occupancy Agreement (ROA). This policy is punitive. Any violation of the policy is subject to UCMJ or Federal Prosecution as deemed applicable. In addition, violation of this policy could result in a bar from family housing areas.

Related articles:
08/22/08: Fort Hood, Texas U.S. Army Base Passes New Pit Bull Restriction
05/17/08: 2008 Fatality: Julian Slack's Death Brings Back Bad Memories

See all: Military Breed Bans

2008 Dog Bite Fatality: 5-Year Old Girl Killed by Pet Pit Bull in Simi Valley

katya todesco killed by pit bull
Katya Todesco, 5-years old, was killed by a pit bull-mix while visiting a friend's home.

Police Contradict Initial Statements
UPDATE 10/10/08: The Simi Valley police did not release information about Katya Todesco until six days after she was attacked and three days after she was pronounced dead. It appears the department failed to follow standard protocol in this matter. When police finally did release the information, they told the Ventura County Star newspaper:

"Police Capt. Roy Jones said animal control was the agency investigating the fatal attack, and that police did not report it partly because they did not find any criminal conduct in the matter and wanted to be sensitive to the grieving parents."

Last week, DogsBite.org sent a letter to the Mayor, City Council and Police Chief of Simi Valley requesting an investigation. It appears that police and animal control departments failed to follow customary practices in the investigation of a wrongful death. This includes, but is not limited to, the failure to follow standard protocol in releasing press announcements about the wrongful death and the early indications of a fatal pit bull mauling.

On October 9th, the Ventura County Star reported that the police reversed its earlier statements. The police now say that "during the early stages" of the investigation -- prior to making statements to the media -- they immediately expanded their investigation to determine if criminal culpability was involved. This statement is in direct contrast to the department's earlier "reasoning" of not issuing a press announcement in the first place.

"Information obtained during the early stages of the inquiry into this incident resulted in an immediate expansion of this investigation to determine any criminal culpability by the person(s) involved," police said in a news release.

Various Simi Valley residents have contacted DogsBite.org since the death of Katya Todesco. They have many questions and concerns just as we do. We recommend that these residents contact city council members and ask why the fatal mauling of a child was reported so late, why the police issued conflicting statements and most importantly -- given that animal control is in charge of this investigation -- why this agency appears to have no role in the confusion.

09/30/08: Visiting Friend's Home
The pit bull that killed Katya reportedly bit her in the face and neck. Initial reports indicate that Katya lived at the home were the attack occurred, but her mother, Katia Todesco, said the attack occurred at a friend's house. Todesco said her daughter entered the backyard with the friend's 13-year-old daughter, and the dog attacked when Katya "bumped into it."

Todesco was inside when she heard screams and ran out to find her friend wrestling with the dog, which had latched onto Katya, she said. "It was a horrible attack," Todesco said. "With my own hands I was pulling the dog's jaw." According to county Animal Regulation Director Kathy Jenks, after the attack, an official went to the home and found the dog in a kennel.

Katya was a first-grader at Crestview School in Simi Valley. "She was an extraordinary girl fun, loving and just a beautiful girl," her mother said. "We are devastated." Strangely, she said she doesn't blame anyone for the attack. "It was a terrible accident that should never have happened." She said the dog belongs to someone other than her friend, who was taking care of it.

On the night Katya was attacked, a different pit bull killed another dog on Lysander Avenue in Simi Valley, and yet another pit bull bit a woman on her legs on Ballard Street, Jenks said. Both dogs were taken to the animal shelter, and the owner of one immediately agreed to have it destroyed. Simi Valley police did not report any of the attacks to the media.

During the 2007-08 fiscal year, 117 pit bull bites were reported to county animal control, the most of any breed. A total of 1,185 dog bites were reported in that period. Then the article quotes Jenks again. In her following statements, she attempts to excuse this breed's horrific conduct since the mid 1980's -- if only she could make a couple hundred deaths and countless maulings vanish.

  • Jenks, however, said pit bull attacks are reported much more frequently than those by other breeds of dogs.
  • Jenks and officials from the Humane Society of Ventura County said the lesson is that it's not safe to leave young children with any breed of dog.
  • "The greatest myth we have perpetuated in this county is that children and dogs belong together," Jenks said. "Dogs, no matter what breed, do not see children as humans."

If all dog breeds did not see children as humans, how many dead children would be reported every 24 hours? Jenks is clearly a pit bull apologist. Even in the wake of a 5-year old's face getting ripped off and killed because she "bumped into" the dog, the director of the Ventura County Department of Animal Regulation would have the public believe that dogs of all breeds are as deadly as pit bulls.

09/29/08: Mauling Victim Identified
The victim was identified as Katya Teresa Todesco, said Los Angeles County Coroner’s spokesman Capt. Ed Winter. She was reportedly in her back yard when the dog attacked. Kathy Jenks, director of the Ventura County Department of Animal Regulation, said dog lived at the home but belonged to a man who did not live there. The dog is being held in quarantine by the animal regulation department during the investigation, Jenks said. It will likely be euthanized.

09/28/08: Child Dies Due to Injuries
Simi Valley, CA - A 5-year-old girl who was bitten by her family’s pet pit bull last week has died. The attack happened on September 23, at the girl’s home on Appleton Road in Simi Valley, said Lt. Paul Fitzpatrick of the Simi Valley Police Department. After she was bitten, the girl was transported to Simi Valley Hospital then transferred to Children’s Hospital Los Angeles, Fitzpatrick said. The girl died at the hospital Friday. No action has been taken against the child’s parents.

pit bull mix killed katya todesco
Related articles:
11/07/08: Kathy Jenks, Director of Animal Services, Stands Before City Council
10/22/08: Nominated: Pit Bull Apologist of the Year, Kathy Jenks