Francesca Rogier v. The Halifax Regional Municipality-- excerpts

by Lezlie Lowe

[Editor's note: this article is related to today's feature story, Saving Brindi.]

Here is a list of excerpts from the January 16, 2009, decision of Justice Duncan Beveridge in the Supreme Court of Nova Scotia decision in the case of Francesca Rogier v. The Halifax Regional Municipality, the Field Operations Supervisor, Animal Services, Halifax Regional Police and an Animal Control Officer for Halifax Regional Municipality.

Find the full text here.

Beveridge wrote in the Introduction to his decision---which declared certain portions of By-law A-300 invalid and quashed the decision to have Brindi the dog euthanized---that:

[3] … the statutory decision-maker did not accord to its owner even the most minimal requirements for procedural fairness.

Part of the reason Beveridge ruled in that manner was that Animal Control Officer Tim Hamm, who delivered Francesca Rogier the May 2, 2008, muzzle order and had visited her on other complaints, failed to:

[21] … tell her about any policy of HRM that euthanasia would automatically follow in the event she should fail to comply with the order. I note that there is no evidence before me of any such policy.

During the investigation into the subsequent attack by Brindi on July 20, 2008, which resulted in the euthanization order:

[29] It does not appear that ACO Hamm, or any other officer from HRM Animal Control Services ever contacted or interviewed [Rogier].

And, Beveridge ruled, Rogier:

[100] …had at least a legitimate expectation that she would have a meaningful opportunity for input as to how the discretion would be exercised by the animal control officer.

Without that input, Beveridge ruled, Rogier:

[108] … had no opportunity to know what was being contemplated and why and perhaps more importantly, an opportunity to influence the exercise of discretion by Hamm. Animal Control Officer Hamm had absolutely no information from the applicant as to how and under what circumstances Brindi had gotten loose….

Rogier, Beveridge decided:

[109] … may ultimately have not been successful in influencing the discretionary decision of Hamm, but that is not the issue. The issue is she had no opportunity to have any input, let alone a meaningful one.

The decision-making flexibility granted Animal Control Officers is part of the process of enforcing By-Law A-300, but so are the formal practices in use. Beveridge noted, however, that while Rogier was encouraged in writing at the time of Brindi’s seizure and euthanization order to seek legal counsel and contact the HRM Legal Department if she disagreed with the euthanization decision:

[113] … [HRM] acknowledges that there is in fact no appeal procedure available to the applicant….

And, while Rogier sent correspondence in her dog’s defence to the Animal Services Field Operations Supervisor:

[113] … There is a complete absence of evidence in the record that these materials were ever reviewed and considered by the statutory decision-maker, Animal Control Officer Hamm.

Comments (17) RSS

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I am sorry I can not believe you really care about the dog at all if you did you would encourage her to fight for her dog. After all if she gives up the dog the plan is to MURDER BRINDI !!! So who is the selfish one in the end? All those who want this dog murdered that's who. It begins to sound like a bunch of animal haters to me. Watch out for that swinging stone you have for a heart. Remember what goes around comes around. If you are good to others it comes back tenfold if you are mean & cruel it too will come back ten fold!!

Posted by Abby_Tabby on March 17, 2009 at 7:11 PM | Report this comment

The ONLY time I will believe Ms. Rogier is thinking of Brindi more then herself is when she is giving Brindi up to have the proper training and re-homed. AWAY from her and her " supporters" who will try to adopt Brindi and give her back.
Otherwise, Ms. Rogier is only thinking of herself. NOBODY has to support her in order to support Brindi. How many warnings do a RESPONSIBLE owner need? Brindi's ONLY chance is WITHOUT THIS OWNER.

Posted by pinkydo on March 17, 2009 at 9:17 AM | Report this comment

Abby Tabby:
Ms. Rogier has proven by past actions that she cannot control Brindi,the fact of the matter is that AC gave her every chance in the book and than some but 4 founded complaints filed with AC are just a bit much.
Instead of admitting that she is at fault,she gets on her soap box and starts blaming the SPCA,AC,HRM,THE QUEEN,and the Canadian legal system. She thinks that she is above the law,and has lost a lot of support in fact her own family turned against her which she has admitted. This case is no longer about Brindi as far as Ms. Rogier is consurned its all about her,looking for a pity party.
Its time for Ms. Rogier to give Brindi to a responsible person,and accept the fact that she should not own any dog. If by chance Brindi is returned to her I would bet the farm there will be another attack,and this time it may be serious and Brindi will pay the price.
I feel sorry for Brindi but NOT Ms. Rogier.....release Brindi but not to Ms. Rogier.

Posted by Carolyn E. on March 17, 2009 at 9:01 AM | Report this comment

I know first hand a dog does not have to be given a command to attack. When I was a child if a relative had not been with me I would either be dead or had a badly damaged arm at the very least just because of pure fear. This dog was so terrified of children it was not funny. Why was it afraid? Well that I can answer too . You see I saw with my own eyes how the children tortured that dog. They threw sticks, rocks anything they could get their hands on. The parents never stopped them at all and the dog paid the price for all of this. When they were doing this it was funny but when the dog bit a child it was not funny then. To this day I shed a tear for that dog some one has to care. I never blamed the dog but always put the blame were it belonged. I also know first hand that fear in a dog can be overcome. My dog was terrified of men when I got him but now he is not. Why? Because I NEVER EVER gave up & because I found a dog trainer that did not care that I didn't have the full amt. when she came as she said "The dog comes first!" Every one else said I either had to have the full amt another one said they would do half the classes but if at the end of that I did not have the other half I would have to start at the beginning again.
My late brother was one of a few people who tried to get a dog off of another one and it would not break it's hold. They all did at long last get her of but her owner put her down as she was afraid it may harm her pup. This dog was not given a command to attack. Today there are people that like me believe these dogs can be turned around. It can not be done overnight. It takes time & patience.When an owner is doing what they can & are fighting to save an animal from being killed instead of dumping them like the pups that are found in the middle of the road, on the side of the road, are drowned, shot, starved,etc. I say the animal deserves to go back to that owner.
By the way another cause of bites if food guarding, or sometimes kids as well as adults who put their hand over the dogs head thus presenting a threat to the dog as the fingers look like teeth coming at them!! So they they nip or bite thinking they are being attacked. If any one thinks that is a lie then I defy them to tell Dr. Stanley Coren that!! Children being left alone with them etc. there can be a number of things that will trigger an attack if they are in pain a dog that never did before, may all of a sudden bite. I can not understand why people are so mean.

Posted by Abby_Tabby on March 16, 2009 at 11:55 PM | Report this comment

Bottom line to the HRM. Release Brindi to a responsible dog owner,NOT to Ms. Rogier,she has proven in the past that she cannot live by the by laws of HRM.

Posted by Carolyn E. on March 15, 2009 at 10:28 PM | Report this comment

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