B.C. family hopes to get seized dog off ‘death row' with Charter challenge

CTV News

2 days ago

A Langley dog owner is fighting to keep her pit bull alive after it was seized by authorities.
A family from B.C.'s Lower Mainland has launched a legal challenge to get their dog off 'death row' using the Charter of Rights and Freedoms.
Amardeep Haer said her pit bull Enzo was falsely accused of biting – and seriously injuring – a contractor they hired to work on their property last year.
The Langley Township resident insists the family's other dog was responsible for the attack, which she said happened after the contractor arrived unannounced and let himself into their yard.
'We had no idea this was going on in our backyard until we heard a commotion,' Haer said. 'We did get outside right away, we got the dogs off within seconds.'
Animal control officers later came to their home while they were out and seized Enzo, who had been involved in a previous biting incident.
A struggle ensued that left the dog with serious injuries of his own, including a broken jaw and broken teeth, according to lawyer Rebeka Breder, who specializes in animal law and is representing the family.
'This is definitely the most outrageous case I've ever had, in terms of injuries to a dog in the course of a seizure,' Breder said. 'I was not only heartbroken, I was astounded.'
Videos the family posted on social media show blood spatters on the floor of their home following the incident. Animal control ultimately had to call the Haers for helping containing Enzo.
Breder believes the way the dog was taken breached the family's rights under Section 8 of the Charter, which guards against unreasonable search or seizure of their property. Pets are classified as property under Canadian law.
The family has already made their case in court, Breder said, and they're expecting a decision in August.
'If we're successful then we go back to court to argue what is the remedy to that breach,' the lawyer added. 'We say the remedy to that breach is the return of Enzo where he belongs, which is in the loving home of the Haer family.'
'Distressing for everyone involved'
The Langley Animal Protection Society, which provides animal control services for Langley Township, told CTV News that Enzo was seized legally under a provincial court warrant.
The non-profit charitable organization said an investigation launched following the attack in the Haers' yard found Enzo could meet the definition of a 'dangerous dog,' and that the seizure happened after the family refused to surrender him.
'That Enzo was injured during this process is deeply unfortunate, however the seizure was carried out in accordance with standard protocols and best practices for the lawful apprehension of a classified 'dangerous dog' under warrant,' said LAPS, in a statement.
The dog's injuries came from biting a catch pole, LAPS said, and were promptly treated following the seizure.
Enzo remains in the organization's care pending the outcome of the court case.
'We recognize that this situation is distressing for everyone involved, and we take all concerns involving animal welfare and public safety seriously,' LAPS added.
The non-profit does not have the authority to release Enzo. That decision, and the decision to euthanize the dog, fall on Langley Township.
In a statement, the municipality said both the contractor and a witness identified Enzo as the 'primary aggressor dog,' and noted that the incident left the victim with 'irreparable damage' to his arm.
'We understand he underwent multiple surgeries and was in hospital for over a week,' Langley Township said, adding that the contractor 'nearly had his arm amputated.'
Haer maintains it was her other dog, however, describing Enzo as a 'gentle giant' who 'loves to cuddle.'
'I'm not going to stop until my dog comes home,' she said.
The family's court case is focused on how the dog was seized. Their lawyer has argued the municipality's warrant was invalid, and that Enzo's injuries could easily have been avoided with a different approach.
'Animal control had a choice in this case about how to proceed,' Breder said. 'They could have either called my clients and waited until they got home to ensure a calm environment, an environment where Enzo would not be injured, or they could have decided to go in forcefully.'