Bylaw officers were right to seize dog, judge says

Whitehorse city bylaw officers did the right thing when they seized Trevor the dog after he was spotted unattended, unmuzzled and tied to a tree,

Whitehorse city bylaw officers did the right thing when they seized Trevor the dog after he was spotted unattended, unmuzzled and tied to a tree, a Yukon Supreme Court judge said Monday afternoon.

“I agree with the actions (taken by the city), and I hope they would do it again in the same circumstances,” Justice Ron Veale said of city bylaw manager John Taylor going to the Humane Society Yukon’s shelter and taking the dog into custody last Friday.

He made the comments during an emergency hearing, called to deal with Trevor’s incarceration at the city pound.

The German shepherd-Rottweiler cross lives under strict court conditions flowing out of a Supreme Court battle between the city and the humane society.

The battle began during the summer, when the city announced it was going to euthanize the dog after he bit and lunged at several people, and has continued with at least six hearings in supreme court chambers. 

During Monday’s emergency hearing, the humane society, represented by lawyer Carrie Burbidge and society director Rachel Westfall, argued that the bylaw officers had no authority to take the dog because there was a breach of a court order, not a city bylaw.

They also accused Taylor and another officer of bullying staff and being “dramatic” when they came to get the dog.

“They came in and did their big cop thing,” Westfall told the Star yesterday when describing how the officers took Trevor. She said the staff at the shelter were crying and very upset when it happened.

The staff did not know the bylaw officer had seen Trevor without his muzzle on because the volunteer walker never mentioned it, the judge heard Monday.

This was of particular concern, said the city’s lawyer, because it shows there is a lack of communication about Trevor’s care.

Veale quickly disposed of the humane society’s complaints, saying the officers are first and foremost tasked with ensuring the safety of the city.

If they saw a threat to the public good because the dog was not being properly controlled, then they had every right to act.

He pointed out the city could have pursued contempt of court charges against the society or the man who was out walking Trevor.

All the volunteers who work with Trevor know his history and have read the court orders regarding his care, both sides noted, and are fully aware they are not to take his muzzle off or leave him tied up alone.

The fact he was tied to a tree was particularly disconcerting, city lawyer Lori Lavoie said, because as everyone at the society should know, Trevor was first rescued from a yard where he had been tied to a tree for so long his chain had grown into the scruff of his neck.

Yet another order dictating Trevor’s care was drafted for yesterday’s hearing, giving the city the right to interview any shelter staff or volunteers who will come into contact with Trevor.

It is an onerous task, Lavoie said, but a necessary one.

“We want to be more hands-on about who’s handling Trevor,” Taylor said after the hearing. “We want to know that people who are working with Trevor understand the order ... so that we don’t have a reoccurrence.”

The newest order also states that shelter staff may not “harass” city staff by calling them at home, as happened over the weekend.