In June and October 2024, Luna, a female Mastiff-Rottweiler cross-type dog, escaped from her owners, Sandra and Colin Burger’s property on three occasions and attacked individuals, including two incidents that caused serious injuries requiring medical attention. On June 21, 2024, following complaints, Animal Control Officers visited the Burgers’ property. Mr. Burger acknowledged that the perimeter fence had holes allowing the dogs to escape and run at large occasionally. He demonstrated shock collars, but the officers observed the dogs’ behaviour was unaffected. Despite being cautioned about a potential future application to declare the dog dangerous, the Burgers did not implement effective measures to prevent further incidents.
Following these incidents, the Animal Control Officer of the Columbia Shuswap Regional District brought forward an application under s. 49(10) of the Community Charter seeking a declaration that Luna was a dangerous dog and an order for her destruction. Under s. 49(1)(a) of the Community Charter, a “dangerous dog” includes a dog that has killed or seriously injured a person.
The Burgers proposed a containment plan, including the construction and maintenance of the perimeter fences, protocols to prevent accidental escape, management of the ‘pack effect’ with their other two dogs, the retention of a dog trainer, restraint equipment and the financial resources to fund this plan (para 32).
The court relied on witness testimony, incident reports and expert evidence from notable animal behaviour and welfare scientist Dr. Rebecca Ledger, who assessed Luna’s behaviour as territorial and movement-triggered aggression, noting that Luna did not respond to her training (para 28). Additionally, Dr. Ledger testified to great skepticism about the Burgers’ containment plan, highlighting that it lacked expert guidance and failed to meet the detailed requirements she had outlined (paras 45-47). Dr. Ledger concluded that the risk to the public remained significant (para 33). The judge also observed that the Burgers minimized the seriousness of the incidents and the danger Luna presented to the community (para 54).
Based on the evidence, the court held that Luna is a dangerous dog and cannot be safely returned to the Burgers’ (para 58). She was ordered to be humanely euthanized by or under the supervision of a licensed veterinarian, and that this is to occur no sooner than 14 days after the making of this order (para 60).
https://canlii.ca/t/khqkg