Whitehorse Daily Star

Peace bond assigned to dog-killer's spouse

The spouse of the man who shot 56 dogs in April has been ordered to have no contact with the president of the Dawson City Humane Society. The six-month peace bond for Debbie Howe was ordered by territorial Judge Heino Lilles in a July 21 decision, where he also dismissed a peace bond for Jim Foesier, who destroyed the dogs.

By Whitehorse Star on July 28, 2006

The spouse of the man who shot 56 dogs in April has been ordered to have no contact with the president of the Dawson City Humane Society.

The six-month peace bond for Debbie Howe was ordered by territorial Judge Heino Lilles in a July 21 decision, where he also dismissed a peace bond for Jim Foesier, who destroyed the dogs.

Lilles noted in his seven-page judgment that the case goes back to April 13 when humane society president Aedes Scheer and a local veterinarian went to a property on the Dempster Highway to examine and seize 15 of Foesier's dogs as part of an ongoing investigation.

'Ms. Scheer and the veterinarian arrived to find Mr. Foesier sitting near or on the edge of a pile of dead dogs. He had shot all 56 of his dogs,' the decision reads. 'He told Ms. Scheer and the vet, How do you like what I've done? If I can't have them, no one can.''

Seeing the close to 60 dead dogs must have been frightening, if not traumatic for Scheer, who likely took on her role with the society because of her concern for animals, the decision notes.

Scheer and the veterinarian immediately left the Crown property, Scheer very frightened.

'Her fright and concern was based on her view that anyone who could methodically kill that many animals could also be dangerous to people,' Lilles wrote.

With inadequate legislation, no charges were laid, but to gain support for changing legislation, the humane society opted to go public with the circumstance through the media.

In the meantime, Howe, who lives and works in Calgary, thought Foesier was being treated unfairly by the media and decided she would 'conduct an investigation of her own', Lilles noted.

On July 4, she stopped in Whitehorse on her way to visit Foesier in Dawson to contact Andrea Lemphers, the Humane Society Yukon's past-president. She told Lemphers she was associated with the Calgary Humane Society and wanted to know more about what had happened near Dawson.

Howe also called Scheer under the same pretense. Howe asked to contact staff at the shelter in Dawson, but was told she shouldn't speak to staff.

'Shortly after this conversation ended, Ms. Scheer received an e-mail from Ms. Lemphers advising that Ms. Howe was not whom she claimed to be but was in fact the spouse of James Foesier,' the decision states.

Howe also asked for an interview with the manager of the shelter in Dawson. She went there on July 7 and was confrontational. Staff were told to contact the RCMP if Howe returned.

It was a day earlier that Howe showed up at Scheer's house. Scheer told her she was going to the RCMP to get a restraining order.

'As Ms. Howe followed Ms. Scheer to her car, she stated, If Jim (Mr. Foesier) wanted to, both C.J. (Russell, manager of the shelter) and you could be wiped out,' ' Lilles noted.

Lilles said he was satisfied the comment was meant to frighten Scheer, which it did.

With that, Lilles granted the peace bond, which requires no contact with Scheer or Russell.

'I am satisfied that the statement by Ms. Howe, viewed objectively, gave Ms. Scheer reason to be concerned for her personal safety,' reads the decision.

While Howe had no objection to her peace bond, she did object to one for her husband.

While Foesier's killings of 56 dogs has upset many, Lilles noted it is not enough for Scheer to fear Foesier, but that it has to be based on reasonable grounds.

There has to be something said or threatened, resulting in a fear of personal safety or family safety or that property will be damaged.

While Howe suggested that Foesier could 'wipe her out,' there's no evidence showing that Howe was acting on his behalf or even with his knowledge.

' Foesier has not done or said anything that would cause the applicant, Aedes Scheer, to believe on reasonable grounds, that he will cause personal injury to her, to her immediate family or that he will damage her property,' Lilles stated.

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