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Old 06-29-2006, 07:26 AM   #1 (permalink)
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Dog deaths bring laws into question

CBC News-Canada

Yukon RCMP investigated the shooting death of at least 50 dogs near Dawson City in April, but they say they are not laying charges under the Yukon's animal protection legislation or under the Criminal Code.

Dawson RCMP Sgt. Dan Gaudet said in an interview Tuesday police were called out to Jim Foecier's place on the Dempster Highway in April to investigate the death of his dogs, but no charges have been laid.

"Unfortunately under the territorial dog act it would be very difficult in this case to proceed by way of a charge to prove the basic elements of the offence needed to secure a charge and conviction," said Gaudet.

He said the Criminal Code is even more stringent.

The file on this case remains open but unless some new angle turns up there is little else police can investigate, he said.

Aedes Scheer, a long-time member of the Humane Society Dawson, said in an interview her group had been dealing with complaints about Foecier's dogs for more than a year.

She said she visited his place on April 12 to check on the dogs and, disturbed by what she saw, she put the wheels in motion to have some of the animals seized. When she returned the next day with a veterinarian, all of the dogs were dead.

"The dogs had been methodically shot and dragged into a pile and the owner was sitting on the pile waiting for us," she said. "I don't know if that image will ever really leave me."

This case simply underlines the need to make changes to the current laws, said Scheer.

There is no law against the hoarding or collection of animals, but she thinks there should be.

The definition of animal distress also needs to be more clearly defined, she said.

Tanya O'Callaghan, of the Canadian Federation of Humane Societies, said in an interview from Ottawa it is not illegal to shoot dogs, even when dealing with as many as 50 at a time.

"Part of it is the animals are property and right now they're treated, under the Criminal Code, like any other piece of property," she said.

However, they are different than cars and tables and the law needs to reflect that difference, she said.

Foecier could not be reached for comment.
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