[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.
Related Stories
Saving Brindi
Brindi should die
Poor Brindi
Irresponsible Brindi owner
Judging Brindi
This article appears in Mar 5-11, 2009.
Maybe she ought to think of Brindi more and herself less
Maybe if Ms Rogier was not “ME ME ME”? What kind of comment is that?? The dog can’t speak!! It has to be her! Stupid remarks!!
Maybe someone should ask the Mayor(who is to enforce these bylaws),if he was ever charged ,with any violations of the Animal bylaw.
His dogs escape from his door and run-at-large.This is more than 3 occasions.
Let this dog go home and stop harrasing MS Rogier,especially all the hateful people from the “anti-Brindi” group.Whose only aim is to have Brindi killed.
For all of you, who have never made more than 3 mistakes your life- cast the first stone.
I see, no one can be the first.Everyone makes mistakes, more than 3 or 10,20. You make mistakes in who you date,marry or hang with, or your job.The results of your mistakes are children of split families,children who are abused or neglected,people hate their jobs & it spills into the family life, hence drinking,drug abuse and violence. These are the results of everyday people who choose to make the wrong decision in their lives.
Fact is she had admitted and made restitution for her mistakes.
Some of you people want her blood spilled into the streets & the dog dead too.
Maybe everyone should be focusing on keeping murders and child sex offenders in jail,instead of letting them live in a community(which makes it not safe) from these people.like the most recent in CB.-They state he will do it again!!!
Or the man who abused kids as a councellor of a church and schools. He’s free, to walk around in NS.
It’s people who have anger in their own lives will lash out at this woman, whose only quest in life is to get her dog back, so she can resume training. So her neighbours can once again feel safe within their cult-like group on the eastern shore.
OK, this woman has to be bonkers! She cannot be in her right mind to possibly think that the courts will give her back that dog and put everyone else and their animals at risk.
If this person gets their dog back, and it attacks anyone or any other animals, HRM should be held accountable for releasing it.
Pass the dog onto someone who can take the resonsible approach and prove it; as Rogier has not done! She has only proven that she is unable to keep that dog under control and the public pets safe not once, not twice but four times now (reported times).
lover not hater…
“Maybe everyone should be focusing on keeping murders and child sex offenders in jail,instead of letting them live in a community(which makes it not safe) from these people.like the most recent in CB.”
Ok…. sounds good… EVERYONE, FORGET THIS DOG and her owner. withdraw all support for either of them. We are all tired and think there is much better things to do. Nobody cares ( esp lover not hater) about this dog… even said so.
Pinkydo,Most Important!!!
I DID NOT SAY I DON’T CARE!!!
Don’t assume you know what I say or think!!
How catty and hateful of you!
This is the same stuff & the same people,doing the same thing to Ms Rogier & her group. You must belong to the Release Brindi but… group.
The fact of the matter is that’s all your group does!
I said, The city has put too much focus on this with their Determination on killing & keeping this dog in a cage!
Implying the city should be spending “MY TAX DOLLARS” on something more extreme!
Don’t tell me it’s not My tax dollars being used to kill this dog, because I know diffferently. Our taxes go to the municipality, which in turns decides how to spend our money.
This should include, keeping the streets (WHICH ARE NOT SAFE!) safer for people to walk or let their kids out to play,I don’t mean from dogs!!
This is just not possible today & it’s getting worse every year!
This whole case is about the HRM saving face and reclaiming all the money they are loosing trying to defend what they did,which was wrong!!
I’m not going to argue with you or anyone else from the hater group. I know what I know & know what I think.
So fill your life with hate & anger, if you so wish.I refuse to see the dark side of this case.
Brindi should have the chance to resume training with her “rightful” owner! She was never given enough time(1 year is not enough).
Have a great day. 🙂
lover not hater… LMAO
YOU are to funny. You were the one who said that NOT me. I just copied what YOU posted. Not my fault you don’t know what you are talking about. Not my fault YOU are blindly playing follow the leader. Not my fault YOU don’t know how the legal system works ( they are paid by the taxpayers no matter what case they are handling). They are NOT paid more because of this case.
Sorry YOUR feathers are ruffled. Didn’t mean for you to have a blood clot happening here.
Maybe you better take some time off the net and re-group , calm your nerves and chill a bit. Seeing you are SUPPOSE to be a lover NOT a hater… hmmm maybe you have it backwards. LMAO.
BTW your BOSS lost her rights to this poor dog when she failed to PROPERLY take care of her. Poor Brindi.
Yes Brindi should go to her rightful owner…. someone who can PROPERLY take care of Brindi.. THAT IS NOT MS. ROGIER.
RELEASE BRINDI BUT NOT TO THAT OWNER.
pinkydo
YOUR TWISTED REPLY!Shows your mental capacity.
Ok…. sounds good… EVERYONE, FORGET THIS DOG and her owner. withdraw all support for either of them. We are all tired and think there is much better things to do. Nobody cares ( esp lover not hater) about this dog… even said so.
You don’t know me & I’m glad I don’t know you, but I have a good guess as to your real identity.
HaHaHa…..
I never once said forget this dog & her owner & withdraw all support!!!
That’s your twisting words, Not Mine!!
Apparently”You”don’t know the legal system!
To state this….is so dumb.
( they are paid by the taxpayers no matter what case they are handling). They are NOT paid more because of this case.
I do know my taxes are being used , (as is every other person in the HRM)
to pay the procecuter’s wages.I do know he is contracted to handle cases by the HRM!
I NEVER implied my taxes were used “especially” for this case, But they are being used ,specifically to procecute this woman to be able to kill her dog! WHICH I DO NOT AGREE WITH!
Don’t worry, my feathers are intact& my nerves are fine
I have no fear of blood clots.lol
I don’t need a break,just got refreshed, to tackle some stupid ,twisted lies. Thankyou
You said it right here though.
I’ll quote chosen words just like you.
“Yes Brindi should go to her rightful owner…. someone who can PROPERLY take care of Brindi..
Thankyou, so much!! That’s very nice of you to support FR getting Brindi back with her.
By the way pinkydodo,I have no bosses.FR had NEVER& NEVER will lose her rights to this dog! Sorry to disappoint you!
You and your flock will know when Brindi is returned to her. LOL
Don’t state porr Brindi,you have no idea what you people are trying to do.
The city wants her dead!!!
There is no offer to rehome her.
You people made this option up.
What part of the lawyers comments can’t you read?
Oh,sorry, I see reading and comprehension, is beyond your scope of intelligent thinking.
Have a nice day.
You THINK you know who I am but I can assure you, you don’t. I have never posted in any of the groups lmao. So guess away my lil friend.
BUMPER STICKER, !!!
“If this person gets their dog back, and it attacks anyone or any other animals, “
How outrages and dangerous is this statement.. to all our canine friends !! I am a qualified dog trainer, and I am disgusted by the out right nastiness that is coming from, “so called Brindi, or dog lovers” who are against seeing Brindi reunited with Francesca..Understand this statement “ANY DOG CAN BITE A HUMAN OR OTHER ANIMALS INCLUDING DOGS !!!!!!!
So with that statement, and putting it along side of your statement, you might as well be killing off all dogs !!
What happened to having some compassion as a human being, “what is needed here is for Brindi to be released back home to Francesca, to be able to be rehabilitated with help from a qualified dog trainer/behavouralist. By doing this it trains not just Brindi, but Francesca also, and I have never ever know of anyone that has gone to the lengths that Fran has gone to, to get her dog back.. What happened to what Brindi would want, as it was very clear to me of the bond between Brindi, and her owner..Brindi is the one that is being penalised here, hec she is a dog, and Fran is human.. we all make mistakes, and it is obvious to me that Francesca is doing everything she can to do the right thing by Brindi..Im disgusted with the witch hunt that is placed upon Francesca and Brindi..
This nastiness started on FB, because people were banned, I totally understand why they were band, considering the Save Brindi Group is a support group for Brindi and Fran, so the last thing one would want there is people being nasty. Children can some times throw tantrums when they dont get there own way, and this which hunt isnt any different.. Rather than be abusive to Brindi, Fran, and all other dogs, “that could bite others ” why not use your energy, to release Brindi, because currently all I can see is your group placing Brindi, and other dogs in harms way, by your statements.. if you truly love dogs, like Francesca does, then work at changing the laws in Nova Scotia, look at setting up rehab services for dogs that may have behavoural issues, where they can go with there owner to learn together, and make life happier, and safer for all our canine friends. !! None of us are perfect, and we all learn at different rates, some people take longer to learn things than others, and that is the same for animals also, give BRINDI a break, and be more supportive of what she needs, not what you want !!, because what you and the shelter wants is absolute cruelty, and nastiness !!
O.M.G.! I would love to see what you would have to say if you have children & they got away from you, didn’t cause any real harm, but were taken away without notice by the authorities – and locked up without visitation rights! What about parents who leave their children at the toys in the store while they shop – is that responsible? If someone stole them, should the children be taken away & never given back? It is so very easy to say hurtful things that are not true about others just because you want to be nasty. Can you REALLY cast the first stone? This dog is not vicious! A vicious dog will NOT break off an attack. Brindi broke her attack. Not only did she never bite a human, all the kids in the area like Brindi a lot and feel safe around her – unlike the the little dog down the road that bit a few of them. Have you ever been afraid of anything? If you have you may or may not know fear can be overcome. Believe me if I thought for one second that returning Brindi was wrong, I would be the first to say so. Tell me, all of you who want the dog murdered or not returned, where were you when Brindi was rescued & waited for two years to find a forever home? Did you ever look at her ad & think you might want her? Well there is one person & only ONE person that thought enough of the dog to take her home & that was Francesca Rogier. And guess what? Brindi was already gentle from the start, but Francesca still spent months training her to obey all sorts of commands, and it worked out well for the most part. When things didn’t go just so, unlike so many others, she did not throw her dog away, but kept training her and loving her. If you want to grouse, talk about people who abandon dogs/pups on the side of the road, in the middle of the road, or drown dogs because they are too lazy to train them! This owner kept her dog & was doing her very best. If you can do so much better, why didn’t you adopt Brindi? Dogs forgive – all I can say is give me an animal over most humans!!!
Abby Tabby:
Only an untrained dog will attack another dog or person! Its very obvious that Brindi was un trained. I have worked with attack dogs,Police dogs,and trust me when I say that they will not attack unless commanded to do so.
Further for your information I was NEVER afraid of anything.
Lover not Hater, your tax dollars go to pay hospital bills for people like say, people who are attacked by dogs. Which bill would you rather pay?
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.
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.
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!!