Judge clarifies dangerous dog ruling in Peachland case

After an attack on a smaller dog that lead to its death, the judge ordered on of the attacking dogs to be put down.

A B.C. provincial court judge has clarified her judgement, issued July 31, for two dangerous dogs involved in an unprovoked attack earlier this year in Peachland.

The incident resulted in a 12-year-old Lhasa Apso/Wheaton terrier being seriously injured and the owner deciding to humanely euthanize the dog.

In the original judgement, Judge Anne Wallace ruled a pitbull named Buddy and a presa canario named Jake, are “dangerous” dogs as defined by section 49 (10) of the B.C. Community Charter.

She found Jake to be a danger to other dogs and said he should be euthanized.  She ruled that Buddy, while dangerous, should be returned to its owner with conditions.

At the request of the Regional District of Central Okanagan, Wallace has clarified her judgement with an order to reflect the requirements and higher standards of control for dangerous dogs as legislated in RDCO’s Responsible Dog Ownership Bylaw No 1343.

In order to protect the public and other animals from future potential incidents, Buddy must be leashed and muzzled when outside a dwelling or an enclosed vehicle, kept in a secure fenced area on his property, a sign must be posted advising the public that a dangerous dog is on the property and the dog must be microchipped.

Additional public safety conditions were also outlined in the order for Buddy’s owner.

The judge’s order also extended the deadline for an appeal of her decisions on the fate of the two dogs until Sept. 14.