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Colwood dog attack victim wants review of animal control investigation process

Despite Cindy Andrew and her dog receiving multiple injuries, the attacking animal did not meet the 'dangerous dog' criteria
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Cindy Andrew and her dog Farley enjoy the outdoors, two months after they were attacked by a dog 'at large' in Colwood.

A new animal control bylaw could offer more clarity about the definition of "dangerous" for future BԪַdog biteBԪַ investigations carried out by the Capital Regional District (CRD).

But a Colwood dog attack victim says the proposed new 'Animal Responsibility BylawBԪַ is not enough to ensure public safety.

Cindy Andrew says she had to BԪַpursueBԪַ the CRD "three times" to thoroughly investigate a dog attack involving her and her dog Farley in December, which ultimately found the attacking animal did not meet the BԪַdangerous dogBԪַ criteria, as defined by the Community Charter.

While the CRD has drafted the new bylaw, which offers a new BԪַmiddle groundBԪַ designation of BԪַaggressive,BԪַ Andrew says the investigation process is also in need of urgent review, not just the bylaw.

BԪַMy experience has really shone a light on this BԪַ I think there's work to be done,BԪַ she said. BԪַThis is about public safety BԪַ when incidents occur, are the appropriate laws and processes in place to ensure public safety of pets and people?BԪַ

When her duck-tolling retriever was attacked by a larger dog, Andrew was left with a broken nose and concussion following the melee that ensued for several minutes. Both Andrew and dog Farley were also bitten by the attacking canine, she says.

When she was told the attacking animal did not meet the BԪַdangerous dogBԪַ criteria, Andrew appealed the decision with the City of Colwood, who contract CRD Animal Services to enforce its Animal Control Bylaw.

A review quickly followed, which found that the cityBԪַs bylaw model and BԪַsubjective metricBԪַ for determining whether a dog is dangerous have BԪַtoo high a threshold.BԪַ

BԪַThrough our investigation, we have realized that our current Animal Control Bylaw does not contain sufficient tools that we (or our contracted agency) need to assess and classify these situations,BԪַ said ColwoodBԪַs bylaw manager Byron Grant in an email shared with Goldstream Gazette.

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Cindy Andrew and her dog Farley recover from the Dec. 28 dog attack. Courtesy of Cindy Andrew

According to the CRD's draft bylaw BԪַ which has come about because of AndrewBԪַs experience and BԪַseveralBԪַ other incidents BԪַ an unprovoked dog causing BԪַnon-serious or minor injuryBԪַ to a person or another domestic animal, would be classed as BԪַaggressive.BԪַ

Currently, the Community Charter defines a 'dangerous dog' as one that has killed or seriously injured a person or domestic animal or can be defined so if an animal control officer has reasonable grounds to believe it is likely to kill or seriously injure a person.

Grant said in an email that an "aggressive" designation would have BԪַlikely satisfied all stakeholders in Andrew's case."

But Andrew feels adding an BԪַaggressiveBԪַ category will only serve to BԪַmuddy the watersBԪַ of future investigations.

"How is adding another category going to help?" she said. "How about you just do a good job working with the categories we have right now. Because BԪַ how much do we distinguish between aggressive dogs and dangerous dogs? I couldnBԪַt." 

In areas where the CRD is contracted to enforce animal control bylawsBԪַincluding Langford, Sooke, View Royal, Saanich, North Saanich, Central Saanich, Sidney, Metchosin, and HighlandsBԪַthe municipality would need to agree to adopt the BԪַAnimal Responsibility BylawBԪַ.

Something Colwood is keen to expedite, says Sandra Russell, communications manager, who notes the new bylaw could create BԪַconsistency and clarityBԪַ for municipalities in the CRD.

BԪַI expect this collaboration will result in us adopting what is recommended since our team is collaborating closely on these changes,BԪַ she said.

While Andrew is appreciative of ColwoodBԪַs quick response to her complaint, she feels the CRD could do more.

BԪַColwood heard me,BԪַ she says. BԪַThey're acting on it, theyBԪַre working for change. CRD, it's your turn.BԪַ

The CRD said they cannot comment on Andrew's case as they "believe she has launched [a] more formal complaint," something Andrew says she has not done.



Ben Fenlon

About the Author: Ben Fenlon

Multimedia journalist with the Greater Victoria news team.
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