Brindi's Supporters Speak

"Public effort needed to help spring Brindi"

2010-04-27T09:45:00.000-07:00

Letters to the Editor (The Cape Breton Post)

Published on April 23rd, 2010

When the people who are supposed to protect animals from abuse become the abusers, there is little or no hope for Brindi’s reprieve.

We let pedophiles back out into society, convicted murderers out on day passes, yet there is no compassion for Brindi.

This animal has served more than her fair share of time – kept in confinement, deprived of her owner’s love, and for what? All in the hope of this animal showing aggression and in hope of breaking her spirit to ease the guilty conscious of people involved in this.

Lawyers, judges, animal control people are all in a power play, intent on getting their own way at Brindi’s expense.

People sometimes, in the heat of the moment, make a wrong decision, so why do we expect so much from poor Brindi? She deserves a second chance.

People, step up; Brindi needs you. This could easily be your pet next time.

Brindi was doing what dogs do every day. I think we have a few animal haters in the mix. Please save Brindi.

Marion Brenda Jardine
North Sydney

Text of statement from next-door neighbor Melody Clark, submitted to court

2010-04-17T13:48:00.000-07:00

This was also submitted to the court on April 16.

AFFIDAVIT OF MELODY CLARK

I, Melody Clark, of East Chezzetcook, Nova Scotia, make oath and say as follows:

1. I live next door to Ms. Francesca Rogier, at 768 East Chezzetcook Road, with my husband Perry Clark and our children, ranging in ages 4 to 15,

2. I have personal knowledge of the evidence affirmed in this affidavit except where otherwise stated to be based on information or belief.

3. I became acquainted with Ms. Rogier when she moved into her home in March 2006 with her dog, Howard, a large well-behaved collie/setter mix.

4. Ms. Rogier took excellent care of Howard and was always in control of her dog.

5. Howard died in or about September 2007.

6. Ms. Rogier obtained another dog, Brindi, a shepherd/lab/rottweiler mixed breed, in June 2007.

7. I have observed Ms. Rogier and Brindi many times since her adoption, including in my home and in my yard.

8. I have also observed Ms. Rogier and Brindi with our children and found her to be gentle and calm and my children liked her and were never afraid of her.

9. It was clear to me that Ms. Rogier did all she could to properly socialize Brindi and take good care of her in general.

10. On Christmas day 2007, our daughter was visiting us with her dog. Ms. Rogier stopped by with Brindi to greet us and found my daughter and me in our shed with her dog.

11. Upon the dogs seeing each other, they began to bark. Ms. Rogier suggested we bring them both outside to allow them to get properly acquainted on neutral territory, which we did.

12. The barking ceased and the dogs became friendly with one another and began playing (as dogs do) on our property for some time.

13. Whenever Brindi was inside our home, she was calm and gentle around all people, including small children, and remained under Ms. Rogier’s care and control.

14. On one occasion our infant grandson even petted Brindi without incident. Brindi did not even lick my grandson’s face or hands.

15. Brindi has never caused harm to me or to any member of my family.

16. My family has owned dogs in the past, and I do not regard Brindi as an aggressive dog.

17. I am aware and have personally observed that Ms. Rogier’s home is under construction. I have personal knowledge that Ms. Rogier has built a 5’ high fenced enclosure in her backyard attached to the rear entrance of the house as a dog run. It is 8’ wide and extends over 60 feet.

18. The fence was built by Ms. Rogier in 2008 shortly after Brindi was taken by HRM Animal Control Officers subsequent to a report alleging an attack on a dog.

19. Ms. Rogier has also protected her front entrance with a wire mesh gate.

20. In my opinion, both the gate and the enclosure are of sufficiently strong construction to prevent any further incidents with Brindi and will keep Brindi from escaping her property.

21. I am confident that Ms. Rogier cares very much about public safety and the welfare of all dogs as well as her own.

22. It is my belief that Brindi should be returned to her owner, in compliance with all HRM regulations and conditions.

MELODY CLARK

Text of statement from next-door neighbor submitted to court

2010-04-17T13:46:00.000-07:00

This was signed and submitted to the court yesterday, April 16, 2010.

AFFIDAVIT OF PERRY CLARK

I, Perry Clark, of East Chezzetcook, Nova Scotia, make oath and say as follows:

1. I live next door to Ms. Francesca Rogier, at 768 East Chezzetcook Road, with my wife Melody Clark and our five children, ranging in ages 4 to 15. We also have three elder children who do not live with us.

2. I have personal knowledge of the evidence affirmed in this affidavit except where otherwise stated to be based on information or belief.

3. I became acquainted with Ms. Rogier when she moved into her home in March 2006, and I also knew her dog, Howard, a large well-behaved collie/setter mix.

4. Ms. Rogier took excellent care of Howard and was always in care and control of her dog.

5. Following Howard’s death in September 2006, Ms. Rogier obtained another dog, Brindi, a shepherd/lab/rottweiler mixed breed, in June 2007.

6. I have seen Ms. Rogier and Brindi many times and have observed them in our home and on our property on several occasions with our children present, and my children were never afraid of Brindi and liked her very much.

7. I have personally observed Ms. Rogier caring and controlling her dog and properly caring for Brindi, including making efforts to socialize her.

8. Whenever Brindi was inside our home, her behavior was calm and gentle, even around small children, and at all times she remained under Ms. Rogier’s care owner’s control.

9. On Christmas Day of 2007, I observed Brindi letting our infant grandson crawl over to pet her, remaining still without moving towards him or even licking his face or hands.

10. During the early summer of 2008, Brindi and Ms. Rogier accompanied my daughter Kayla and myself on a boat trip out to the Chezzetcook Inlet where we all went clamming for several hours, and throughout the day, Brindi was well-behaved; she very still and quiet in the boat during the trip and obeyed her owner’s commands throughout the day.

11. Brindi has never caused harm to me or any member of my family.

12. My family has owned many dogs in the past, and based on my experience, I do not regard Brindi as an aggressive dog.

13. I am aware that Ms. Rogier’s home is undergoing major renovations that prevent her from constructi ng a perimeter fence at this time; however, her plans state that on completion of the new foundation, she will construct such a fence, which I am confident she will do.

14. As an interim measure, in the fall of 2008 Ms. Rogier built a 5’ high fenced enclosure to serve as a secure dog run in her backyard that is attached to the rear entrance of the house, 8’ wide and extends over 60 feet.

15. Ms. Rogier has also protected her front entrance ramp with a wire mesh gate.

16. In my opinion, both the gate and the enclosure are of sufficiently strong construction to prevent her dog from escaping accidentally.

17. I firmly believe that Ms. Rogier cares very much about public safety and the welfare of all dogs as well as her own.

18. I am satisfied that Ms. Rogier will continue to comply with all HRM regulations and conditions.

19. In my opinion, Brindi should be returned to Ms. Rogier.

PERRY CLARK

Letter to the Editor: What About Owners' Rights?

2010-03-14T11:59:00.000-07:00

A letter to the Halifax Chronicle-Herald sent by a woman in Bear River, Nova Scotia; posted here in the event it is not published in the paper. (Ed. note: boldface added)

From: K. Murdock
Date: Sun, 14 Mar 2010 14:47:00 EDT
To: <letters@herald.ca>
Cc: <plee@herald.ca>, <bobottenbrite@lietash.com>
(Ed. note: these are publicly available addresses)
Subject: Advocates for Brindi

Regarding the March 10th piece in The Herald, "Advocates Offer Option for Brindi", I should like to raise a couple of points and comment on several issues raised in that article.

First of all, it is now very interesting that people such as Bob Ottenbrite are now on record as saying that Brindi is a good dog. The SPCA has also now gone on record at the eleventh hour to say the same. It seems that no one wants to see her put down (except maybe for HRM who stubbornly refuse to consider anything but for reasons that can only be guessed at since she is clearly not a danger to the public (a picture of Brindi with SPCA staff including a baby without a muzzle, enjoying her birthday party last year was the first tangible evidence of that to both the public and media).

What I don't understand is why all these animal advocates are not also advocating for the owner's rights here. Under the law, Ms. Rogier is entitled to the same rights as others who have been charged with animal control by-law offences and that is to pay the fines and have Brindi returned to her. Others with much more serious offenses all have their dogs with them today. Since Brindi's incarceration, Ms. Rogier has been subjected to all manner of financial and emotional torture. Her visits with Brindi at the SPCA were initially banned, then severally curtailed with numerous written conditions attached that I'm not sure were even constitutional. Anyone who has been following this case and has taken the time to educate themselves know all the details and can't help but wonder "what is going on here?"

Who authorized Mr. Ottenbrite "and others" to make arrangements for a suitable home for Brindi? As I understand it, Ms. Rogier is still Brindi's owner, an owner who has fought tooth and nail to first, save her dog from a wrongful execution, and second have her returned to her own home where she is well loved and cared for. Who else has stood by Brindi these past two years, literally putting everything on the line for the love of this animal? What kind of home could be more suitable than the one Ms. Rogier can provide for Brindi? Everyone, no matter how well intentioned or "professional" someone claims to be, everyone is subject to making mistakes with their animals, especially those animals who come from shelters and often times have many issues that don't surface until you get to know them better. Ms. Rogier has admitted her mistakes and intends that they never happen again. What more can a person do? Who among us who loves our own pets would not do what she has done if we ever found ourselves in the same circumstances, and let me tell you, it could easily happen to any one of us. This woman will eventually be applauded for helping change the law that gave all the power to an animal control officer who could authorize your own dog be put down for simply "being a dog and protecting his/her own territory" without any appeal whatsoever.

I am troubled by the lack of compassion that is being shown for both Francesca and Brindi on so many levels. But as this case is about the fate of Brindi, I feel this dog's best interests will be served when she is finally allowed to be with someone who truly loves and wants to protect her, someone who will literally fight with everything they've got to have her with them, do everything that is asked of them including additional training and installing a dog run to make that happen, someone who is not afraid to stand up for their own rights as well as the rights of animals. Ms. Rogier is not perfect, none of us are, but what sets her apart and should be without question is her commitment to and love for Brindi and her desire to make it right for her at all costs. Don't you think the price she has paid is already high enough? What more can you ask of someone? To those with opinions to the contrary, if you are really interested, take the time to study the background to this case and then try putting yourself in this woman's shoes and only then ask yourself honestly, is justice really being served here? Does the punishment really fit the crime? What else would you have her do? Hardened criminals get better breaks in our system.

I can only hope the judge in this case sees the whole picture and does the right thing by returning Brindi to her legal owner.

K. Murdock
Bear River, N.S.

Letter to the CBC from Olive Pastor

2010-03-12T06:04:00.000-08:00

Date: Wed, 10 Mar 2010 11:33:30 -0400

From: Olive Pastor

To: cbcns@cbc.ca

Subject: Brindi

There has been some speculation over the last months that the SPCA would step in at the eleventh hour when they believe Ms Rogier is at her most desperate. And they have. They are offering a solution of finding Brindi a new home. Brindi has a loving home and if HRM and the SPCA would give her back to Ms Rogier the two could get on with their life together. Considering the staggering amount of money HRM has paid the SPCA in the pound contract, I don't think the SPCA can make an objective decision for the dog and owner and further, I would like to know what credentials SPCA staff have for making life and death decisions concerning animals without the owners consent. After all Ms Williams is just a public relations expert. That tells me she is good at putting spin on the issue, nothing else.

Olive Pastor

Caribou, R.R.#1, Pictou, B0K 1H0

The Canadian Press

2010-03-11T12:27:00.000-08:00

NATIONAL
Last Update: Mar 9, 2010 6:19 PM

Woman spends savings in lengthy N.S. battle to preserve life of impounded dog
Michael Tutton, THE CANADIAN PRESS

HALIFAX, N.S. - Francesca Rogier says she remains unbowed in her legal battle to preserve the life of a mixed-breed dog that faces euthanasia after it attacked other canines, despite exhausting $30,000 in savings on lawyers and putting her architecture career on hold.

The 50-year-old resident of Eastern Chezzetcook, a rural community on the outskirts of Halifax, won a reprieve for Brindi before a provincial court judge on Tuesday.

Representing herself, Rogier successfully argued for a delay while she arranges for an animal trainer to visit the pound and assess the dog's behaviour before Judge Alanna Murphy decides Brindi's fate.

"For a judge to decide whether a dog is too dangerous to live, they should be able to draw on expert opinion ... someone who is qualified to assess the behaviour of the dog," Rogier said outside court.

Rogier has been convicted of being the owner of a dog that was running at large, owning a dog that attacked another animal and failing to comply with a muzzle order.

Brindi has been impounded for almost two years after she rushed out of the yard and attacked a leashed dog strolling by Rogier's home in July 2008.

This came after a series of written warnings from the City of Halifax following other attacks by Brindi. One of the city's warnings required Brindi be muzzled.

Rogier admits she made "mistakes" but points out she has built a fence, set aside money to hire a trainer and committed to keeping Brindi muzzled. She says she'll pay any fines arising from the incidents.

"I believe those are reasonable alternatives that satisfy the public interest," she said.

She has set aside her plans to apply for landed immigrant status and to seek an architecture licence in Canada to save the dog. Her home renovations are on hold as she pays legal fees.

Rogier said she wants Brindi to be part of her home again.

"It's time and money, but you can't replace a dog. You can't replace a member of the family," Rogier said.

Vaughan Black, a professor at the Schulich School of Law at Dalhousie University, said the case is important because dog owners seldom actually contest the euthanasia of their dogs.

"My sense is there's not a lot of precedents on this simply because given the cost of this, and hiring lawyers, most people ... don't go to court the way Ms. Rogier is doing," he said.

On the other hand, Black - who studies animal law - said it's difficult for the city to give way if it considers an animal to be dangerous under its bylaws.

"There have been cases where cities haven't acted quickly enough and dogs have attacked people and the injured parties have claimed against the city," he said.

"Maybe the city's lawyers are saying, 'You have to pursue these cases vigorously."'

There are other recent cases of Canadians fighting to keep their dogs alive after an attack.

In Hampton, N.B., last month, a judge gave a dog a reprieve and ruled it be muzzled when it's outdoors despite a town order that the animal be euthanized for biting a woman last summer.

Rogier alluded to that case in court Tuesday, noting it shows that dogs can be returned to their owners - even in an instance of an attack on a human.

"I don't think it would be wise for this city to set a precedent to kill a dog for such minor offences," she said.

But a spokeswoman for the city said there are many past incidents when dogs have been put down after exhibiting aggressive behaviour with other dogs.

"It is certainly not unusual for the city to seize dogs that have been involved in an attack on another dog," Shaune MacKinlay said in an email.

She said from January 2007 to March 2010, 31 dogs were euthanized in the city.

"Of those, 13 dogs attacked other dogs, one dog attacked a dog and a person, 14 dogs attacked people," she said.

"In one case, two dogs running at large killed chickens and their owner surrendered them to be euthanized."

Brindi's case has been adjourned until April 16.

© The Canadian Press, 2010

News 95.7 on Brindi, March 9

2010-03-10T00:12:00.000-08:00

Brindi the dog case adjourned

Jeffrey Lansing Mar 09, 2010 13:44:47 PM

The embattled owner of Brindi the dog has more time to build a defense after the dog's sentencing hearing was adjourned until April.

The adjournment was granted so Brindi could undergo a behavioural assessment.

"For a judge to decide whether a dog is too dangerous to live, they should be able to draw upon expert opinion from someone who is able to assess the behaviour of a dog," says Brindi's owner Francesca Rogier. "And that's what I'd like to put forward to the court."

She says she tried a couple weeks ago, but it couldn't be coordinated with animal control and the SPCA.

Brindi was on a muzzle order last year, yet was able to leave her yard and attacked another dog.

Rogier was convicted last month of three by-law infractions relating to the incident.

Rogier, who lives in East Chezzetcook, says she's also working to get two recent court cases where dogs attacked people, and were not euthanized.

Caryl Michaelson-Rotermund, a neighbour of Rogier, says she's seen no violent behaviour from Brindi.

"Our dog went and took Brindi's bone from her," says Michaelson-Rotermund. "And she had no problem with that."

Brindi's fate could be decided April 16 when the case returns to Dartmouth Provincial Court.

A new and welcome source of support

2010-03-05T19:09:00.000-08:00

from Facebook

Vin Diamond wrote

at 10:09pm yesterday

ABAS Society is a no kill society in Nova Scotia. We do not euthanize an animal unless this animal is in pain and suffering for the duration of its life.

We support Brindi being returned to her owner with restrictions put in place for (life time leash while walking outdoors). We do not want to see Brindi euthanized.

ABAS Society is presently advocating changes to Nova Scotia's Animal Welfare Laws. Our present Animal Protection Laws" are out dated." We feel that it is the fault of the province of Nova Scotia that the dog Brindi has been suffering in the SPCA shelter with lack of care.

Many other animals are presently suffering in shelters across Nova Scotia. It is time to make these (family members) important. Nova Scotia needs to make the ammendments required to the existing Animal Protection Act Bill here in Nova Scotia, to further protect ALL animals from suffering. Sadly, it is not the fault of our animals. It is the fault of the people!

Our animals need these changes!

Letters to the Editor

2010-03-04T23:06:00.000-08:00

Chronicle-Herald, Sunday, Feb. 28, 2010

Brindi case a travesty

I suppose today that Peter Kelly and his council are smug in the wake of winning the court case against Francesca Rogier. I am angry because this court case was won for the mayor using my tax dollars.

I do not support the animal control laws as they stand, and I want them changed with input from pet owners and animal lovers. As far as I am concerned, this case is not about a crime committed by Francesca or her dog. Instead, it’s about the fact she challenged somebody’s authority.

And unfortunately, she depended on the justice system for help. I hope Nova Scotians will take notice that this could happen to you and your pet. We should have given Francesca more support in this terrible time as she tried to save her dog.

It is not too late. Protest this move and demand that Brindi be given back to Francesca. Brindi was kennelled for 19 months, Francesca has been financially devastated. This is abuse. What kind of society are we running anyway?

People of HRM, I beg you to vote this mayor and council out as quickly as possible and demand new laws to protect animals and pet owners, and select animal control officers with a stringent new hiring policy.

Olive Pastor, Caribou

Chronicle-Herald, Thursday, March 4, 2010

Not a dangerous dog

After reading her Feb. 28 letter "Brindi case a travesty," I have no option but to agree with Olive Pastor.

The mayor and city council have done nothing to help Francesca Rogier in her time of need.

Brindi is not a dangerous dog. The SPCA put a picture of Brindi’s birthday party on its website. Employees and their families were sitting around Brindi, who was not wearing a muzzle. They all looked very happy, including the toddler who was sitting a few feet away.

That picture tells a different story than what the city wants us to believe.

Because she challenged somebody’s authority, Ms. Rogier and Brindi must now suffer?

And to think that the city used our tax dollars to hire a private firm of lawyers to prosecute Ms. Rogier is ridicules.

It’s time to turn back the clock, give Ms. Rogier the appropriate fines, and let her take her dog home, which should have been done as soon as Brindi was seized — which is what is done in 99 per cent of these types of cases.

If this can happen to Ms. Rogier and Brindi, it can happen to anyone who owns a pet. Do you want to be next?

Valerie Slaunwhite, Beaver Bank

Unpardonable sin

As an animal lover and citizen of HRM, I must agree with Olive Pastor’s comments in the Sunday Herald.

I am now eagerly awaiting the opportunity to cast my anti-incumbent vote in the next municipal election.

Ms. Rogier committed the unpardonable sin of fighting back against a bad law.

Little did she know that the vindictive pettiness of our elected council would do far more damage to the public interest than the actions of her dog.

This thuggery should be resisted by anyone professing concern for the rights of the governed.

Rick Crawford, Hubley

Callous treatment

This letter is not the first time I have come to the defence of Francesca Rogier and her dog Brindi.

I still maintain that someone higher up is the instigator of this travesty. To keep an animal 19 months from its owner is callous and cruel! Would it be too crass to ask who is footing the bill for this dog’s incarceration?

As for the justice system: One judge says "give her back to her owner"and another judge says "no."

Now it is your chance to speak up.
Anne White, Truro

Yagmur, a 4-year old Turkish animal activist supports Brindi!

2010-03-04T11:29:00.000-08:00

The words say: FREE BRINDI

Some Letters from our Brindi Supporters

2010-03-02T22:53:00.000-08:00

Mr Peter J. Kelly
Maire of Halifax, Canada

URGENT - URGENT

Dear Mr Kelly,

Coming back to you after a few days... as things do not seem to have advanced much in Brindi's case! Time's running short... and Fran Rogier, her owner, gets more and more despaired... Wouldn't you, if you were in her
place?

There's no harm in coming back on your decision - don't you think this case has lasted long enough? Brindi's health is deteriorating, as you may read from the last news I got today from http://canada.myletsadopt.com :

"Depuis sa détention, les dents de Brindi se sont infectées. Elle a été traitée 2 fois ces 6 derniers mois pour une pancréatite. Nous pouvons supposer que la maladie est devenue chronique".

In other (English) words: Since her detention, Brindi's teeth got infected. She was treated twice those last 6 months for a pancreatis, which can lead us to suppose that the disease's now become chronic.

Mr Kelly, please, please, do make an end to this all too long suffering story... Please be human! Take the only right decision: free Brindi!
So will Halifax Municipality AND yourself come out of this with pride and the feeling to have accomplished the RIGHT THING...
We are thousands, in Canada and elsewhere, in the USA or Europe, to await the happy conclusion of all this...

I thank you very much in advance, for Fran and Brindi!

Joëlle Ley

Joëlle LEY (Ms)
Rue Konkel 181 boîte 7
BE-1150 Brussels
BELGIUM
Tel. +32 2 770 61 94
Tel. office: +32 2 296 04 63

________________________________

From: LEY Joelle (RTD)
Sent: Thursday, February 25, 2010 7:59 PM
To: 'kellyp@halifax.ca'
Subject: Save and free BRINDI - Sauvez et libérez BRINDI
Importance: High

Mr Peter J. Kelly
Maire de Halifax, Canada

URGENT - URGENT

Monsieur Kelly,

Je viens d'être informée du sort funeste qui pourrait, tout prochainement, être appliqué à cette magnifique chienne qu'est Brindi, dont on me dit qu'en effet elle ne constitue aucun danger pour l'ordre public...
Pourquoi donc ne pas revenir sur votre décision (celle des autorités canadiennes) et laisser la vie à cet animal?
http://freebrindi.blogspot.com/

Comme le disent si bien ses défenseurs, "essayer d’exécuter un animal innocent en se basant sur des violations de règlement est un comportement qui n’est pas digne d’un gouvernement"... Vous en conviendrez comme moi!

Francesca a tout fait et s'est quasiment ruinée pour pouvoir récupérer sa chienne, sa meilleure amie... en vain! Elle a construit une clôture (fence) et sûrement Brindi ne recommencera plus à 'mordiller' d'autres chiens... Un
psychologue canin l'a constaté: Brindi a été contrôlée par un expert qui a considéré qu’elle était absolument bien dressée...

N'aurez-vous pas pitié de ces deux créatures, Monsieur Kelly? Le monde entier et les amis des animaux vous regardent... et attendent qu'enfin le bon sens prévaille...
De grâce libérez Brindi et rendez la vie et l'espoir à Fran également!

Un tout grand merci d'avance, pour elles deux!

Joëlle Ley

Joëlle LEY
Rue Konkel 181 boîte 7
BE-1150 Bruxelles
BELGIQUE
Tél. +32 2 770 61 94
________________________________

The Prime Minister
Ottawa
Canada

Dear Mr. Prime Minister

I sincerely hope you will not feel that I am wasting your valuable time, or object to me writing to you about one of Canada’s domestic issues regarding a single case of animal welfare, but actually it impacts on all stray domestic animals, especially in the jurisdiction of Halifax, with its particularly odious and unpopular piece of legislation, A300. I’m sure you are already familiar with Brindi's tragic case...how Francesca, her human companion, has been fighting against the city of Halifax, Canada to keep her dog alive despite the city's insistence on keeping poor Brindi dog, whose health is now failing, in confinement (jail) and on death row. Now on March 9, 2010, the sentence hearing will take place and it is feared the judge will order the killing of Brindi.

However, I do respectfully ask a moment of your precious time to look at the website “13 Days to Save Brindi: Let’s Adopt Canada” at http://canada.myletsadopt.com/2010/02/25/13-days-to-save-brindi/ and it’s most recently updated page, “Day 5. The reason for Brindi’s Countdown: Let’s Adopt Canada” athttp://canada.myletsadopt.com/2010/03/01/day-5-the-reason-for-brindis-countdown/ if you are not already aware of these sites. On Day 2, February 26th, there is a post by Viktor Larkhill entitled “Something is clearly wrong with Halifax”, which contains a direct reference and link to your Fostering Pets Program, within the comments regarding the position of Mayor Peter J Kelly on the Brindi Case.

I myself have written to Mayor Kelly, a very forceful and not very polite letter I’m afraid, but one which expresses my intensely powerful emotions on the subject and which I attach hereto. Like thousands of others in Canada and around the globe who have written to Mayor Kelly expressing equal horror and distaste at the City of Halifax’s handling of this case, I have received no reply. I had also copied the SPCA, Nova Scotia and again received no reply.

I sincerely hope that you may be prepared to add your voice, whether as the Prime Minister of Canada, or as a private citizen, husband, father and animal lover and thus make a difference to a city determined to fly in the face of the pleas for mercy from animal lovers the world over.

I thank you Sir, for your time and consideration.

Yours sincerely,
Trish Malkoff
Concerned Animal Activist,
Johannesburg,

South Africa

________________________________

Her Excellency the Right Honourable Michaëlle Jean,

We take the liberty to contact You for an EMERGENCY. The life of this wonderful dog, Brandi, captured by the Halifax Regional Municipality, is at stake.

A terrible act of injustice has been committed! She is kept prisoner at the Halifax SPCA.

Brandi will be KILLED on March 9th upon decision of the Halifax Regional Municipality.

A minor incident, completely distorted by some of the people involved, has led into a most incredible ordeal for Brindi and her family.

The International Community is SHOCKED and mobilized for Brandi. We are revolted and we beg for Your help. Please, only You, Your Excellency, can save this dog now and make the difference!

Votre Excellence, nous faisons appel à Votre grande générosité, à Votre empathie, à Votre sens de Justice et à Votre Coeur !

Avec toute notre gratitude et respect.

Yours Sincerely,

Iside Occella

________________________________

Dear Mayor:
It is time for swift action. The world is watching and only sees what Brindi's owner has shared. Brief snippets of information that supports Halifax's position are quickly proven to either be non factual or embellished to an embarrassing level. Heaven forbid this dog dies in custody or ...at the hands of the court. It will not blow  over. Canada is already suffering the soiled reputation regarding  the seal slaughter. Brindi's case falls directly in the lap of  government not being accountable to it's citizenry.

Please  release Brindi to her owner today.

Michael Blott,D.C.
"Our  lives begin to end the day we become silent about the things that
matter." -Martin Luther King Jr.

________________________________

Letter I Sent To HRM Mayor and Councilors

The World Is Watching

The eyes of the world are upon Haiti, Chile . . . and Halifax, Nova Scotia; for in this "gateway to Canada's East Coast", a tragedy is also currently unfolding . . . one that you have the ability to stop.

I have just finished reading page after page after page of Brindi's story, the helpless, voiceless creature who has been languishing in the SPCA pound for more than a year and a half. Once robust and fit, she is now weak and has bad teeth, diseased gums, and pancreatitis. What a disgrace! It is absolutely shameful to keep an animal in a pound for this length of time. It is absolutely shameful to refuse to return to its owner (Francesca Rogier) an animal that has been evaluated as not dangerous and highly trainable; an animal who passed 8 weeks of obedience class with ease, having no issues with other dogs; an animal who has the support of her groomer, her vet, Deputy Mayor David Andrew Hendsbee (HRM District 3) who said, "For God's sake, this dog is not dangerous as it has been portrayed. HRM and the SPCA has lost a lot of credibility over this issue." (http://supportbrindi.blogspot.com), and countless other professionals and people of reason world-wide.

At great financial and emotional expense, Francesca continues to fight tirelessly to have her dog returned home, agreeing to undertake WHATEVER measures requested. Still she has been denied and Brindi faces possible euthanization.

Yes, the eyes of the world ARE on you, and should this animal be euthanized, should you fail to return Brindi to Francesca, I assure you that the Halifax tourist industry will suffer greatly because of it.

This situation is nothing less than reprehensible! I hope that, upon reflection, you will find the strength of character necessary to stand up and speak out against this travesty! Save Brindi's life and send her home, where she should have been many months ago.

And if you can't do that, then please tell me -- and every child in HRM that owns and loves a dog -- how you justify the fact that you are supporting the death of an animal who has been deemed not dangerous and highly trainable, because I'd really like to hear it.

I thank you in advance for your response.

Respectfully,

Debbie Ann Brett
St. John's, NL
------------------
For The Voicelesshttp://4thevoiceless.blogspot.com

________________________________

Dear Mayor Kelly

I am writing to implore you to spare this dog. If not this will be a terrible injustice not to mention an undesirable public relations situation for Halifax.
I am asking for a small act of compassion which will harm no one but will spare a life and make you a hero in the eyes of many.
Many thanks for your kind attention to this by-now ridiculous situation.

Kindest regards,
Carol A Tavani,MD,MS,DFAPA

________________________________

Comment from California

The internet has made every city next door.
The City of Halifax has an issue that they have not had the good sense to remedy before the eyes of the world.

A dog named Brindi got into an altercation with no injuries.
The animal control seized the dog and was going to kill her except the owner went to the extreme efforts to get the highest court to point out that animal control did not have the authority.

In an obvious example of retaliation they then charged the owner with infractions and continued to keep the dog in a cage for over a year!

The mayor says it is out of his hands.
There are lucrative contracts involved.
This is about egos and money.

The media has not covered this much but the strangest thing, there is no support for the animal control and the media has not called them on this.

Is this what Canada wants the world to know?

Michael Blott, D.C.

________________________________

Dear Mr. Kelly,

There are times in politics when you must bow to the electorate and then there are times when it is simply necessary to do the right thing; in the case of Brindi, the dog of Francesca Rogier, it is the second.

My family has been in Canada since 1745, having landed and lived in Luneberg, Nova Scotia. I am and always have been passionate about what this country stands for; multiculturalism and tolerance, but I am constantly amazed at how we draw the line on that policy to only include human beings, as if animals are undeserving of our compassion too.

The very fact that Brindi has lived over a year in a shelter without any incident of violence is irrefutable proof that she is undeserving of execution. Please show compassion and mercy and order this dog returned to her loving owner.

Do not let politics and face-saving create the anguish that the loss of her beloved pet will cause this woman who has fought heart and soul for so long to save her.

To those, such as Francesca Rogier, dogs are like children. Would you stand idly by and let your city execute a child...?

Sincerely,

Bruce Herbert Fader

________________________________

PETA'S letter from last May

2010-02-28T12:45:00.001-08:00

This was sent to all the local and national media twice: TV, radio, newspapers. Not one of them published it.

Falling on Deaf Ears

2010-02-24T08:04:00.001-08:00

TO: Geoff Newton, Prosecutor

Newton & Associates

192 Wyse Road

Dartmouth, Nova Scotia B3A 1M9

January 28, 2010

- WITHOUT PREJUDICE -

Re: R. v. Rogier, Case #1999882

Dartmouth Provincial Court

January 29, 9:30 am Courtroom #5

Dear Mr. Newton:

Prior to the resumption of the trial, I would like to take this opportunity to restate my position with regard to a possible change of plea and a resolution of the above matter.

This is in relation to the offer that I originally made in the fall of 2008 to HRM Animal Services, for the return of my dog, Brindi, shortly after she was seized.

In August of 2008, I proposed to undertake the following measures, which I believe to be reasonable and sufficient to satisfy the public interest:

1. Pay fines as determined by HRM and/or the Court

2. Erect a secure fenced enclosure and gated exits

3. Engage a private trainer to correct Brindi’s behavioral issue

4. Continue to comply with the muzzle order

Soon after making this offer, I went ahead and constructed a secure fenced enclosure, 5’ high and about sixty feet long, that is attached to the rear ramp, and I also added a gate to the front ramp. I took these measures in order to demonstrate that I am serious about my commitment to public safety. The ramps connect from the ground to my house, which is suspended on piers in anticipation of a new foundation. I gave photos of these areas to Joshua Judah in May of 2009, in person, at the courthouse. I informed him at the time that I am willing to allow a agent of HRM to inspect the fence, and make improvements on demand. I also informed him that it had been my plan, prior to the seizure, to construct a permanent fence at my property boundary after work on my house, i.e., new foundation, is complete.

In April 2009, Tanya Jones, acting as my counsel, restated this offer to Mr. Judah by phone, informing him that I had engaged an expert dog trainer, Ted Efthymiadis, who was willing to work with Brindi. A letter from Mr. Efthymiadis attesting to this fact, and his credentials, were provided to Mr. Judah. Attempts to meet with the latter unfortunately were not successful. Earlier, in August 2008 and October 2008, at my request, two meetings were set up with Animal Services officials so that I could present and discuss this offer with them, but at the last minute they declined to appear. Efforts to reschedule were not successful. All along, I have made the offer public via my blog, and both my counsel and I brought it up on various other occasions with Kishan Persaud.

I believe my proposal is reasonable and will satisfy the public interest. If the Crown is willing to accept it, the matter could resolved immediately, without the need of further court time and confinement of my dog, Brindi.

Respectfully,

Francesca Rogier

cc Dartmouth Provincial Court Administration

2009-12-09T16:55:00.000-08:00

A second call from the Deputy Mayor

2009-06-13T18:32:00.000-07:00

From: David Hendsbee <David.Hendsbee@halifax.ca>
Date: Sat, 13 Jun 2009 20:22:19 -0300
To: Steve Adams <adamss@halifax.ca>, Andrew Younger <Andrew.Younger@halifax.ca>, Wayne Anstey <ansteyw@halifax.ca>, Jackie Barkhouse <barkhoj@halifax.ca>, Barry Dalrymple <Barry.Dalrymple@halifax.ca>, Frank Beazley <beazlef@halifax.ca>, Brad Johns <Brad.Johns@halifax.ca>, David Hendsbee <David.Hendsbee@halifax.ca>, Mary Ellen Donovan <donovad@halifax.ca>, Dan English <englisd@halifax.ca>, Bob Harvey <harveyb@halifax.ca>, Julia Horncastle <horncaj@halifax.ca>, Debbie Hum <humd@halifax.ca>, Jennifer Watts <Jennifer.Watts@halifax.ca>, Jerry Blumenthal <Jerry.Blumenthal@halifax.ca>, Geri Kaiser <kaiserg@halifax.ca>, Bill Karsten <karsteb@halifax.ca>, Peter Kelly <kellyp@halifax.ca>, Lorelei Nicoll <Lorelei.Nicoll@halifax.ca>, Andrea MacDonald <Macdonaa@halifax.ca>, Gloria McCluskey <mcclusg@halifax.ca>, Linda Mosher <mosherl@halifax.ca>, Tim Outhit <outhitt@halifax.ca>, Kishan Persaud <persaud@halifax.ca>, Peter Lund <Peter.Lund@halifax.ca>, Reg Rankin <rankinr@halifax.ca>, Dawn Sloane <sloaned@halifax.ca>, "Jim Smith (Councillor)" <smithj@halifax.ca>, Steve Streatch <streats@halifax.ca>, Sue Uteck <utecks@halifax.ca>, Russell Walker <walkerr@halifax.ca>, Mary Wile <wilema@halifax.ca>
Cc: Francesca Rogier <rogier@eastlink.ca>, Kat Horne, Sandra Flemming <management@metro.spcans.ca>, <president-vp@spcans.ca>
Subject: Rogier vs HRM > Enough is Enough > Time for Council intervention

HRM Councillors and HRM Senior staff and others involved with Bylaw A-300 :

This whole situation over Brindi & Francesca Rogier VS HRM Animal Control / SPCA has become so untenable that we are well beyond the point of mere frustration and futility. How much more do we ( HRM ) have spend to date on lawyers wages and now almost $8,000 in impound fees? And how much more will it cost Francesca Rogier, both financially, physically and spirituality, to fight HRM Animal Control to defend for her beloved dog's life. So far for her it has been $51,000 and counting. And I wonder why Ms. Rogier wanted to immigrate here in the first place ? She is a highly educated professional woman with great ability that should be used to further advance HRM as a society. Instead the worse case scenario has occurred. This type of reception does not bode well for our Economic Strategy for immigration attraction and retention.

Again I should not have to repeat myself about our tarnished imagine over this "dog-gone" situation. We have lost national & international tourism and goodwill opportunities because of the bleak exposure over "Brindi". Halifax has put itself into a very dim and dismal position with the greater pet loving audience worldwide. Both HRM and the SPCA has lost a great deal of credibility over this issue.

There must be a better exit strategy than awaiting for an obscure outcome of a much delayed court hearing and ruling process. I believe under HRM Municipal Charter Section 188 (2)f: That states :

(2) Without restricting the generality of subsection (1) but subject to Part VIII, the Council may, in any by-law

(f) where decision making is delegated by by-law to a person or committee other than the Council, provide for an appeal of the decision, the body that is to decide the appeal and related matters.

Hence we need to revamp our HRM A-300 Animal Control Bylaw whereby appeals can be heard by a sub-committee of HRM Council. It would be modeled much like our current process for Taxi License Appeals, Variance Appeals, Dangerous and Unsightly orders and the like. So why does our Animal Control Bylaw require an expensive judicial process ? Our courts should be dealing with much more important things that things such as this.

Therefore I will be asking this be added as soon as possible as an Agenda Item, either as an In Camera item because it involves a current court case, or can this be perused as a regular agenda item whereby a revised generic Council Committee administrative process be adapted into Bylaw A-300.

I once again plead for some common sense to prevail....please leave the egos & big brother attitudes at the door. Everyone needs to be reasonable ... please !

I remain,

David Andrew Hendsbee
DEPUTY MAYOR
HRM Councillor District 3 :
Preston - Lawrencetown - Chezzetcook
Tel #: 829-2465
Fax #: 829-3620
Cell #: 483-0705
E-Mail: david.hendsbee@halifax.ca
E-mail: david@hendsbee.ns.ca
Web-site: www.halifax.ca/district3
web-site: www.hendsbee.ns.ca

The TLC Shelter: "One huge cruel joke"

2009-06-13T10:56:00.000-07:00

From: <Komurdock@aol.com>
Date: Mon, 8 Jun 2009 12:07:49 EDT
To: <media@spcans.ca>, <kellyp@halifax.ca>, <rgrant@ctv.ca>, <atlanticnews@ctv.ca>, <cbcns@cbc.ca>, <christinec@cfhs.ca>, <coast@thecoast.ca>, <editor@thecoast.ca>, <dfepalma@herald.ca>, <hserman@ctv.ca>, <jackie.foster@ctv.ca>, <letters@herald.ca>, <lindsay.jones@metronews.ca>, <mlight@herlad.canceman@ctv.ca>, <news@ctv.ca>, <radionews@halifax.cbc.ca>, <Roy.Green@940news.com>, <timb@thecoast.ca>, <TomP.Young@atlanticradio.rogers.com>
Subject: Response to NSSPCA Press Release dated June 1, 2009 re Brindi the dog

In response to the most recent press release by the NSSPCA re “Brindi” the dog on June 1, 2009, we the tax paying and donation supporting public are outraged at the latest bit of propaganda put out by this public funded animal welfare agency.

We refer specifically to the alleged “high” level of care purported to be given this dog. Please note that by the society’s own admission, this dog has been kept incarcerated for almost one year now in a facility not meant to house dogs for extended periods of time. By their own admission, Brindi is never walked on leash off site, but instead is put in a small concrete pen outside the shelter for a purportedly two hour period each day. During the winter this pen was constantly iced over making it an extremely dangerous place for a dog to exercise. The press release further states that in addition, Brindi is given free time outside her cage where she is allowed to accompany the shelter staff presumably while they go about their regular chores of cleaning kennels, etc. Further, they advise her health has been monitored regularly by a vet who also presumably comes weekly to check on all the dogs at the shelter, not just Brindi. Other reports have this vet visit at once every two weeks. Nowhere was there mention that Brindi recently had surgery to remove three cysts discovered while there, cysts that weren’t there when she arrived! Our group warned months ago that living in such conditions would create undue stress on this dog that could contribute negatively to her health. Her lack of proper exercise has also contributed to an unhealthy weight gain which may present future risks to her well being. Her training has taken a backslide as she has been encouraged to jump up on people, a behaviour her owner was very careful not to encourage and again, a behaviour she did not come into the shelter’s care with. So far from receiving a “high” level of care, we would argue that this poor animal has suffered by virtue of her incarceration in a facility not designed to accommodate animals for long periods of time and where the neglect is obvious. We are led to believe also that when this shelter is closed on Mondays, she receives little or no care! If this is considered high level care, then we pity those other animals whose care must be minimal at best. In contrast, the Tender Loving Care Shelter, a no kill facility in Digby, Nova Scotia, that receives NO government funding, is open seven days a week staffed by a small dedicated team of volunteers who receive NO compensation for their efforts and provide all animals a superior level of care such as cageless environments for the cats and several daily on leash walks for all their dogs who spend the majority of their time outside in fresh air and in runs designed especially to meet their needs. We welcome visits from the press and public at any time.

The most shocking thing to discover, however, a picture circulating showing Brindi front and centre surrounded by a smiling and caring SPCA staff and what appear to be family members, friends or other volunteers - feeding her birthday cake! Two people in the photograph are kneeling on either side of Brindi at face level and one person is holding a baby. Now what is wrong with this photograph? For starters…where is Brindi’s muzzle???? Was she not ordered muzzled whenever she was around members of the public? Surely, a dangerous dog like Brindi, whom the Mayor could not see releasing for fear that she might “bite” somebody (which for the record she has never done) should not be permitted to be seated among so many unsuspecting people for at any moment this aggressive, dangerous dog might launch into a full out attack on those around her! If there was not more solid evidence for Brindi’s immediate release to her rightful owner, then we don’t know what is!

This whole fiasco has been one huge cruel joke played out at the expense of this poor dog and her terribly maligned owner Francesca Rogier who has fought tirelessly for almost a year now at great financial and emotional expense to have her dog returned. This dog was NEVER deemed dangerous and should have NEVER been held in this prison for so long. This has and always was a power trip - ego driven and politically motivated to justify a wrongful decision made by an agent to have Brindi euthanized and which was subsequently overturned in a court of law. This smacks of a vendetta pure and simple by the NSSPCA and the HRM against Francesca Rogier for calling out the conflict of interest that exists between those two entities. According to the NSSPCA, their contract with the HRM negates them from making any decisions regarding what is in the best interest of animals in their care if they fall under HRM jurisdiction. In other words, in the case of Brindi the dog, they have willingly participated in what amounts to cruel and unusual punishment towards this animal, in direct violation of their mandate as a “society for the prevention of cruelty to animals”! Not only to Brindi, but also to her owner by denying her regular and consistent visitation to her animal to provide her with the love and attention Brindi so desperately needs, deserves and is entitled to!

We demand this intolerable situation be brought to an end immediately with the safe return of Brindi to her rightful and lawful owner Francesca Rogier. This dog, as evidenced by the most recent photo included with the press release from the NSSPCA, is not a threat to anyone and deserves to be with her owner until the charges against her are dealt with in a court of law. In our opinion, this is one of the sickest and cruelest cases against animal and owner that we have ever seen perpetrated by a body that was designed to do just the opposite. Shame on the NSSPCA for putting their own interests ahead of the animals. Far from changing their image as they promised to do over one year ago, they are sinking ever further into the murky abyss and donors should carefully think before directing any funds their way until they clean up their act once and for all and most especially release this dog to her owner!

Preston Andrews, President TLC Shelter, Digby, Nova Scotia
Dorothy Andrews, Shelter Manger
Kris Murdock, Volunteer
Linda Chalmers, Volunteer
And scores of others too numerous to mention……

June 1, 2009
Halifax, NS

FOR IMMEDIATE RELEASE

SPCA Addresses Inquiries About "Brindi"

In response to hundreds of inquiries from both the Society's membership as well as the public, the Nova Scotia SPCA (NS SPCA) would like to clarify the level of care being provided to Brindi the dog at our Metro Shelter in Dartmouth.

Brindi was placed into the care of the Metro SPCA shelter by the Halifax Regional Municipality (HRM) in July 2008. There have been many and varied inquiries and concerns about the SPCA's involvement in this case, which the NS SPCA wishes to clarify in more detail to our members and the public. The NS SPCA is contracted by HRM to provide kennel space and care of any animals brought to the facility by HRM Animal Services. To clarify, the NS SPCA does not have the authority to make any decisions related to the outcome of Brindi's case. While HRM is not required to consider the input and advice of the NS SPCA, SPCA representatives have been in frequent contact with HRM about Brindi and have proposed alternative options for Brindi's care and the resolution of the case on multiple occasions.

With respect to the care being provided to Brindi by the Metro SPCA shelter, the NS SPCA wishes to reiterate that Brindi is receiving a very high level of care during her stay at the shelter. She receives regular weekly check-ups with the shelter veterinarian, she receives bathing and grooming by volunteer professional groomers, she is out of her kennel seven to eight hours a day accompanied by staff, she spends close to two hours outside daily, and on Mondays when the shelter is closed to the public she spends the entire day out of her kennel. Shelter management wishes to provide the best possible care for all shelter animals; to that end, since the shelter is not designed to be a long-term care facility, shelter management has been providing this modified care regime for Brindi. The shelter veterinarian has consulted with one of only five board certified animal behaviorists in Canada, who is located at the University of Prince Edward Island's Atlantic Veterinary College, to discuss Brindi's daily care routine and seek a professional opinion about the level of enrichment we are providing. The behaviorist's comment was that Brindi is getting more human interaction and enrichment than many dogs in a regular home environment.

The NS SPCA is providing a high level of care and enrichment for Brindi and hopes to see this case resolved as soon as possible.

Media requests and interviews will be most quickly addressed by directing them to media@spcans.ca.

Message From A Public Official to Other Public Officials

2009-05-26T19:38:00.000-07:00

From: David Hendsbee

Date: Fri, 22 May 2009 17:36:40 -0300

To: Frank Beazley , Mary Ellen Donovan , Dan English , Peter Kelly , Andrea MacDonald , Robin McNeil , Sandra Flemming Cc: Steve Adams , Andrew Younger , Jackie Barkhouse , Barry Dalrymple, Brad Johns , Bob Harvey , Debbie Hum , Jennifer Watts , Jerry Blumenthal , Bill Karsten , Lorelei Nicoll , Gloria McCluskey , Linda Mosher , Tim Outhit , Peter Lund , Reg Rankin , Dawn Sloane , "Jim Smith (Councillor)" , Steve Streatch , Sue Uteck , Russell Walker , Mary Wile

Subject: RE: HAPPY BIRTHDAY RALLY for BRINDI: Halifax North Common, 1 PM

SATURDAY MAY 23/09

Hello Everyone:

Not a very pleasant way to mark one's birthday ... neither for Brindi & Francesca Rogier both.

But I must express my gratitude that she is at least allowed to have a weekly scheduled visit with her beloved pet. Finally some common sense has surfaced. Perhaps we can graduate to an off-site park or beach where they can have more room to relax and play.

This situation has become untenable to the point of mere frustration and futility. How much have we (HRM) spend to date on lawyers and impound fees? And how much has it cost Francesca Rogier, both financially and spirituality, to fight Animal Control and defend for her pet's life. For God's sake, this dog is not dangerous as it has been portrayed. HRM and the SPCA has lost a lot of credibility over this issue. And Ms. Rogier wanted to immigrate here ? This has not been a very welcoming reception ! Nor does it bode well for our Economic Strategy for immigration attraction and retention. I won't even mention our lost national & international Tourism opportunities because of the exposure this "Brindi" Case has gotten. Halifax has put itself into a very dim and dismal position with the greater animal loving audience worldwide.

There has got to be a better exit strategy than waiting for the outcome of a much delayed court hearing and ruling. We need to revamp our Animal Control Bylaw whereby appeals can be heard by a sub-committee of HRM Council. It should be modeled much like our current process for Taxi License Appeals, Variance Appeals, Dangerous and Unsightly orders and the like. Why is it our Animal Control Bylaw must involve an expensive judicial process. Our courts should be dealing with much more important things that things such as this. The Municipal Government Act and/or our Municipal Charter may need to be modified to have a more streamlined - Council led process for matters such as this.

I plead for everyone to be reasonable ...please !

I remain, respectfully yours ;

David Andrew Hendsbee

DEPUTY MAYOR

HRM Councillor District 3 :

Preston - Lawrencetown - Chezzetcook

Tel #: 829-2465

Fax #: 829-3620

Cell #: 483-0705

E-Mail: david.hendsbee@halifax.ca

E-mail: david@hendsbee.ns.ca

Web-site: www.halifax.ca/district3

web-site: www.hendsbee.ns.ca

-----Forwarded Message

FOR IMMEDIATE RELEASE:

WITHOUT REPRIEVE, BRINDI SPENDS HER SIXTH BIRTHDAY BEHIND BARS.

SPECIAL RALLY ON HALIFAX NORTH COMMON 1 PM MAY 23

(HALIFAX, NS: FRIDAY, MAY 22, 2009) Tomorrow at 1 pm on the North Common in Halifax, dog lovers will commemorate the sixth birthday of Brindi, a dog deemed "dangerous" by HRM Animal Services.

Brindi is still waiting to get off death row in the Metro Shelter's pound for ten months. Seized after three incidents with other dogs were reported, two without injury, she has never bitten a human. A Supreme Court justice quashed the city¹s euthanization order last January. But instead of releasing her, it kept her behind bars and immediately charged her owner, Francesca Rogier, with three by-law violations. HRM is using these first charges it ever laid against Rogier as a basis to seek a new euthanization order from a judge in June trial slated for June.

With Brindi¹s fate still hanging in the balance, May 22 will be a somber day for Rogier, who has been fighting since last July for her safe return. When she adopted Brindi in 2007, a vet clinic listed the four-year old mutt's birthday as May 22 to match her own. The real date is unknown.

At Saturday¹s event on the North Common, which is open to the public, humans and canines are invited to blow out candles on two birthday cakes, one for each species, and make a wish for Brindi to come home soon. The "celebration" underscores the love many owners have for their dogs as true family members. The law has yet to acknowledge this factor, or its positive contributions to society, such as the many ways dogs benefit human health and the economic boost of billions spent on them annually.

The birthday event is sponsored by Humane Halifax, a group of concerned HRM citizens in favor of improved animal control, which it says is arbitrary and often ineffective. Humane Halifax advocates the immediate release of Brindi to her owner as the first step in reaching its goal of reforming the city's animal policies.

Brindi recently left her cell in the pound to undergo surgery to remove four cysts from her back. Rogier paid for the procedure so it could be done by her own vet HRM said it would have covered the cost only if done by an SPCA vet. Fortunately, the cysts tested negative for cancer. The health scare was a further source of stress for Rogier, who despite many setbacks is determined to bring her dog back home.

On a more positive note, as of this week, Rogier will be permitted one 30-minute visit a week with her dog at the SPCA pound.

END

------ End of Forwarded Message

HRM and Brindi: Prosecution or persecution?

2009-04-27T01:04:00.000-07:00

Letter from Jennifer Richardson, Dartmouth to the Chronicle Herald newspaper in Halifax, submitted for publication April 26, 2009

Francesca Rogier’s beloved pet Brindi has been in the pound for nine months. The Supreme Court quashed her euthanization order in January, effectively rendering impoundment illegal. HRM then kept hold of her on a technicality, and charged Rogier for the first time ever while it seeks a new court order to kill her dog. But without an order in hand, how can it even hold Brindi? Dogs are property. Can HRM impound your car for months and then ticket you, hoping to prove you broke a parking law? Hardly.

Now HRM is outsourcing the case to a fancy law firm. It says its lawyers are too busy. More likely they’re afraid they’ll look bad if they prosecute somebody with one lawsuit filed last August, another on the way, and a supreme court victory. Outsourcing only makes it look worse, in my view.

The trial starts in June. Ms. Rogier is more desperate than ever to get her dog out. She knows private lawyers have no incentive to shorten a case that is already guaranteed to take months longer. All along she’s been willing to negotiate with HRM. In her favor: an assessment opposing euthanization, local and international petitions, affidavits from dog professionals, and a highly-qualified trainer who supports her plan to take Brindi home and retrain her. There she’ll be safely fenced in and well-cared for. Rogier has yet to hear back.

Last week she learned Brindi has a potentially serious medical condition: the SPCA vet found a cyst that might be cancerous, and recommends a biopsy. It’s near the spine, and full anesthesia is necessary, so Rogier wants her own vet to do it. HRM will allow this only if she foots the bill. Rather than give her vet a complete health record of nine months, it will only release recent blood test results. And if Rogier (allowed only one visit so far) wants to see her dog now she must submit to no less than 13 rules that, among other things, limit the visit to 30 minutes, force her to stay outdoors regardless of weather, and forbid her to discuss the visit with anyone, especially media.

Is this a democracy?

Clearly HRM prefers being a bully to listening to reason. Even animal control officers elsewhere question its motives. Hiring a high-priced firm to prosecute by-law violations is laughable; to insist on euthanasia for a rescue dog that never bit a human - and may have cancer after nine months in the pound - is in poor taste indeed. If HRM succeeds in putting this woman’s dog down or force her to give it away (as rumor has it), it can expect bad publicity for a long time: win or lose, it will lose.

Enough idiocy! HRM must work out a deal so Brindi can go home now. Use our taxes for better things, like cleaning the poop out of the harbour (again) and ridding the gunmen from our neighbourhoods!!

Assessment after five months at a "temporary care" facility

2009-01-22T11:30:00.000-08:00

ASSESSMENT OF DOG BRINDI
ASSESSORS: SILVIA JAY, DOG BEHAVIOR EXPERT, AND ASSISTANT AMY SLAUNWHITE, DOG
TRAINER.
LOCATION: HRM METRO SHELTER
DATE AND TIME: DECEMBER 12/08 - 11.00 AM

I arrived at the Metro Animal Shelter on Friday, December 12 2008 at about 11.00 am. I was accompanied by an assistant. Staff and the Animal Services representative were accommodating and cooperative.
Before I began the assessment I requested to start in Brindi's run, and to walk her from her run to the back, fenced-in and outside space that was provided for us. My request was granted without any problems. The space provided in the back was excellent for our purpose to evaluate Brindi around other dogs.
The equipment used was a Easy-Walk harness and 6" leash. The Easy Walk harness is a body harness that has a leash ring at the front, the dog's chest area. I chose that type of harness because it allows for incredible physical control and at the same time does not at all restrict or irritate the dog. I didn't use a muzzle.

Brindi's run was clean; she has a cot-type bed, clean blankets, food and water and a stuffed Kong. Nothing was ripped or chewed, food and water was inside the bowl. That indicates that Brindi is in a good emotional condition - not stressed or shutdown.

Brindi was calm when I entered the run (with my assistant outside the run holding the door closed). Brindi was inquisitive and attentive, did not charge the door, no jumping up or mouthing. I ran my hand over her body to determine how she accepts handling, including ears, tail and back paws. She accepted all of it and remained relaxed and loose-bodied. I then offered her freeze dried liver treats, to determine if she is motivated/interested in food treats, but also to determine her level of mouth control - if she would take the treat hard or soft; if I would feel teeth or not.

Brindi accepted the liver treats eagerly. On a scale from 1-10, with 1 only feelings lips and tongue on my fingers holding the treat, and 10 feeling teeth to a point where it is uncomfortable, Brindi was about a 4. The fourth piece of liver offered I withheld from her (had a piece of liver between my thumb and index finger and had both fingers in her mouth but did not release), to determine what she does if she gets frustrated, wanting the treat and me not giving it to her. She first used her teeth a little harder, minimally increased to a 5 on the scale. After approximately five seconds, she sat, then offered me a paw, then backed away from me and sat, then decreased level of bite pressure to a 1 on the scale and used only tongue and lips to get me to release the treat, which I did. I repeated that two more times, to determine if she has memory and would lick/lip right away, which she did not, but initial teeth pressure decreased each time and she was faster to just lick and lip my fingers.

Conclusion: Brindi is food motivated. Brindi has a good level of self-control even if frustrated. Brindi learns quickly what the expected behavior is and then applies it willingly to get the reward.
After that I fitted the Easy-Walk harness. This was new and unusual for her and she reacted by folding her ears back and lowering her body. She also walked a few steps toward the run door. Her body posturing indicated that she was nervous with what I did, but she tolerated it without any form of aggression - no growl, no mouthing or snap. I had to adjust the harness and there was no change of behavior when I fitted her the second time.

Conclusion: Brindi was very accepting when I leaned over her fitting the harness on, even though she was nervous which she signaled through her body language. When I continued with what I was doing she did not intensify her behavior in order to stop me, but continued to tolerate it.

I proceeded to take Brindi outside. The indoor space where the dogs are is a, maybe 20 meter long corridor (maybe longer), with runs on both sides. There were dogs in the other runs we had to pass in order to go outside. Brindi walked ahead of me, but there was only minimal pulling. I kept the leash as loose as possible, not restraining her at all and not pulling her back, to determine how she maneuvers the space around the other dogs if not controlled by a person. Brindi ignored all dogs; walked without tension, did not bark, growl, snap or even look at the dogs. She also did not pull me in a "lets get out of here" way.

None of the other dogs reacted to her, which is important because it indicates that neither does she have a problem with the other dogs, nor do they feel stressed/intimidated/nervous by her presence.

Once in the fenced-in, outside area, I unclipped her leash and offered her a Guz Toy (bouncy rubber ball type toys that squeak). Although she did charge after it, she did not retrieve or was motivated to continue the game, or interact with me. At one point, she tried to bury it, but lost interest after a few seconds. Brindi was not overly interested in interacting once off the leash, but investigated, sniffed, urinated and had a bowel movement. I threw the Guz toy four times for her, with Brindi responding the same way. I called her name a few times when she was about 10 meters away, sniffing, but she stayed disengaged, not offering eye contact. She did pay attention to me when I walked up to her; did not run, or move away from me. At one point I tried to engage her in some roughhousing. She refused to engage with me that way, moved away from me and close to my assistant, who was about 10 meters away, looked at me and flicked her tongue. (This is a canine appeasing signal and sign that it made her nervous when I initiated roughhousing.)

At the very beginning of the off-leash evaluation outside I offered her a liver treat. Her level of teeth pressure was what I would characterize as a "7", so quite higher than inside the run. I want to clarify that I am NOT talking about biting. Even a level 10 pressure when taking treats will not leave a puncture mark or bruise. A hard mouth taking treats means that teeth are felt, the dog might be grabby, and it might be uncomfortable, but it is not a bite. I frequently offered her liver treats throughout the off leash session and her level stayed the same. A hard mouth is indicative of increased arousal, excitement or stress (in fact helpful in gauging what frame of mind the dog is in if there are no overt, easy to read signals). The fact that Brindi's mouth was considerably harder outside, than inside her run, indicates that just by virtue of being outside she becomes more aroused/stressed. That is not uncommon for dogs left outside/or lived outside without human direction and care, which was, I believe the case with Brindi, a rescue dog.

Being hyper-alert to detail changes in the environment and reacting towards them becomes a classical conditioned behavior with these dogs. Since running away isn't an option with a dog who is chained, they lunge out and learn to become offensive. That offensive, reactive behavior will intensify if it is self-rewarding; the behavior is reinforced, for example, if the other dog runs away.
The next step was to evaluate Brindi's behavior when she encounters dogs. I put Brindi back on leash, handed her to my assistant and left the enclosure to get my own dogs, Davie and Will. Davie is a 10-year-old female Australian Shepherd, Will a 7-year-old mutt. Davie's disposition is very confident, grounded and calm; Will is insecure around other dogs, but calm and responsive. Both my dogs are dog savvy and frequently assist me. Both my dogs were leashed, but the leash was kept loose, allowing them to walk freely. Brindi was leashed, the leash kept loose also.

She was about 10 meters away from the fence when we walked up. She was on alert right away when she saw us, moved a few steps toward us, then halted and hesitated for a brief second. She did not vocalize. Her body posturing was forward. I, at that point instructed Amy to keep a loose leash and follow Brindi. We did not cue/prompt her, and I did not prompt my dogs. I did this to determine what would happen without human control. Brindi approached my dogs, somewhat tense but no charging up. My dogs did not retreat (and they could have - there was always a loose leash). Once Brindi was close to my dogs - only the chain link fence between them, she looked at my assistant (unprompted eye contact).

This was really quite remarkable, because it showed Brindi to connect to a handler she never interacted with before, which is the canine version of asking for guidance. When my assistant responded and moved a step back, Brindi heeded the cue and followed, loosing attention to my dogs. The willingness to focus on the handler and follow directions was repeated several times throughout the session. That willingness is to connect to a person is crucial in retraining. It means that the dog will be open and receptive to training and is motivated to respond to such contact.

While Brindi and my dogs were stationary, with the chain link fence between them, a few interactions took place between Brindi and my dog. Davie and Brindi were indifferent to one another. There was some nose-to-nose sniffing; Brindi at one point tried to initiate a game (attempted to bounce into her to start a chase game); and some appropriate crotch sniffing. No growls, not teeth, no snapping of any kind. I also handed out liver treats to all three dogs, and Brindi was patiently waiting her turn, but took the treats a bit harder yet, indicative that she showed a lot of self control but was stressed by the presence of my dogs.

She did not look at my dogs, nor did she attempt to intimidate them out of the way, which indicates that Brindi was not resource guarding. This means that Brindi does not appear to aggress because she protects a possession. To put it in perspective, reflex aggression rooted in fear is easier to modify than dominant aggression, where the dog protects possession, which can include property.

I then began to walk parallel to the fence. Brindi reacted to that instantly and vocalized - barking interspersed with some growling, and charging. We continued to walk, and Brindi calmed a little, but remained charged up. At that point I decided to bring my dogs back to the car. I seen enough of her interaction with other dogs.

As we left, Brindi was not barking and charging us. According to my assistant, Brindi relaxed as soon as my dogs were out of sight and offered eye contact and engaged with her. My assistant played with the Guz toy, which Brindi was not possessive over, accepting my assistant's hands around the toy and her mouth without becoming tense. Once I returned, I made a fast hand movement and grabbed the toy. Brindi reacted to that with nudging my hand with a closed mouth.

Nudging means that Brindi was interested in interacting with me; accepted my invitation. A closed mouth means that Brindi chose to not use her teeth; no aggression at all. Brindi greeted me with a friendly, relaxed wagging tail when I returned. I offered her a couple more liver treats, which she took quite hard, level 9. I did not release the treat right away, testing if she could calm and eventually lick/lip the treat as she did in the dog run, but she couldn't. That, and the fact that Brindi had another bowel movement, is indicative that she found the session with my dogs taxing on her and stressful.

We brought her back to her run, and again there was no reaction towards any of the other dogs; they did not react to her, she didn't pull, went willingly into her run and did not charge the door trying to escape when I left. She was not tense or concerned when I leaned over her to remove the Easy-Walk harness. The fact that Brindi was a little nervous when I fitted it on her, and relaxed when I took it off, indicates that once she is familiar with a novel situation and feels safe, she is non-reactive. That is another sign that she is both insecure, and very trainable. I offered one more treat in her run, which she took with a softer, much more controlled mouth.

In my opinion Brindi's reactivity with other dogs is based on insecurity. She feels safe inside her run and around the dogs she knows by now, and remains non-reactive. She is hyper-alert once outside, sensitive to detail changes and her environment, particularly dogs in motion. Likely in her past charging into them offensively got her the response she was seeking and it became a learned behavior. Once a dog runs, predation instinct might add to her, already high arousal level. The fact the she chose another insecure dog, Will, to engage with and not solid, confident Davie, is another indication that Brindi is insecure. Insecure dogs are unpredictable to other dogs, which increases insecurity in the other dog. So she tried to find out more about her by sniffing her in turn, or to see what happens if she bounces into her.

Throughout this assessment, Brindi gave neither me nor my assistant any trouble, she never threatened either of us and was very appropriate. This does not mean that she does not exhibit inappropriate behaviors for which she needs to be retrained. Both my assistant and I agreed, however, that Brindi is highly trainable and her reactivity can be largely modified. Indeed, Brindi’s behavior is not worse and in fact is better than that of many dogs I meet and work with. “Aggression” is often misunderstood as dominance–protective–intentional behavior which is not, in my opinion, the cause of behavior complained of in respect of Brindi.

Conclusion: In my opinion, Brindi could be successfully "rehabilitated" under an appropriate protocol. She is handler/owner attentive, food motivated and willing to respond to directions. Once a dog/situation is predictable (in her mind) she doesn't react. These are optimal and highly suitable conditions to return her to the community.

With regards
Silvia Jay
December 22, 2008.

--------------------------------------------------------------------------------------------------------------------------------

I note again: Brindi is now over five and a half years old. At two she was found tied up and abandoned out in the rain with a litter of her puppies, on a first nations' reserve. At four I adopted her, and she passed an obedience class three months later. At five, due to a few minor infractions, only incurring injury, also minor, she has been locked up in a temporary care facility, making her confinement a total of half her life. Given all that, I would say she's a darned good dog.

Her condition and behavior now don't even come close to the way they were before they took her away. Her condition now isn't even remotely similar to how it was when they took her, let alone when I first got her. The SPCA pound is a temporary care facility. It is not designed for long-term stays. I requested twice that she be placed elsewhere, and was turned down. She has not been bathed in a long time, months and months - I never saw her that filthy, actually. She is extremely overweight and her normally gleaming coat is dull. Clearly she has not been given enough exercise. How can an organization bound by provincial law keep her in such a state, in such a place, and refuse me visits?

Give her back. Let's put an end to this story. A happy ending.

Notes on the blog

2009-01-02T14:33:00.000-08:00

I created this blog not as a blog, but as a compendium of letters of support on a webpage that is accessible from my Free Brindi blog.

The letters from August are from people who know Brindi in various capacities and contexts. The vet, the groomer, the mail carrier, and the kennel owner are people who handle (or in the mail carrier's case, confront) dogs every day. Their letters are especially important.

I would like to also post letters from others who do not know Brindi personally, but who know the details of the case, and who feel it would be wrong for the city to go through with its plans to put her down.

I also have copies of letters from many, many kindhearted, understanding people who do not know me or my dog, but, having learned the details of the case, were prompted to write to local authorities, the media, and the Nova Scotia SPCA. A good share of these folks wrote letters more than once! I cannot even say how many letters they sent since the start of this ordeal in July. Some of them were lost in the tumult of a series of computer mess-ups beyond my control (most recently, an entire erase of my laptop). But more keep coming in and others will be recovered soon. In light of this, I thought it might be a good idea to create a special place for them. And in this way, the two kinds of letters will not be confused.

Comment from Granny's blog

2008-10-26T12:19:00.000-07:00

This is from an anonymous comment on an excellent and very kind blog post by Granny about Brindi:

... I cannot fathom why this case has not been resolved. As a member of an SPCA outside the province, I can attest that we get plenty of dogs just like Brindi. Dogs that were not socialized with other animals, dogs that were not spayed/neutered until we got 'em. Dogs that have had a tough life. Many have dogs they don't like but are fine with some others (often with no rhyme or reason to us humans), some don't really like any other dogs. With patience and training, many will learn, but it doesn't happen overnight and it sounds like in the short time Francesca had Brindi, the dog had already made progress. I believe that Francesca and Brindi deserve that chance.

As much as we'd like to think we progress, sometimes it seems in ways we are going backward. When I was a child, cases like this were settled among neighbours. If your dog got in fight with another dog, you felt shitty about it, apologized to each other, settled up and it was over. People just knew it was a dog being a dog and didn't take it as a personal affront to themselves. Too many people anthromorphize and expect dogs to act and reason like people. If people could understand there are no good dogs, no bad dogs, just dogs.

October 25, 2008 2:44 PM

The last paragraph sums up my exact feeling dating from the first time Brindi was reported, since in each instance I did my best to act as she describes.

Longtime dog owner, knows Brindi since adoption

2008-08-24T17:48:00.000-07:00

July 28, 2008

Lori Scolaro, Animal Services Field Operation Supervisor
Andrea Macdonald, Manager of Animal Services an taxi and Limousine Services
Halifax Region Police
PO Box 1749
Halifax, NS B3J 3A5

Dear Ms. Scolero,

Brindi, who belongs to Francesca Rogier, is a good dog. I have known her for an entire year, practically since the day she was adopted. My dog, Ella, is a friend of Brindi’s, and we have been on lots of walks together, with no unpleasant incidents.

I have had dogs for 20 years now. It’s easy to tell that Brindi is smart, loving, and eager to please. She knows and obeys an impressive number of commands. Brindi adores Francesca, and has helped her get through a lot of difficult times. The love that Brindi and Francesca have for each other was evident every time I saw them.

I heard that Brindi has attacked three dogs, but I never witnessed her being aggressive. I understand the incidents were short-lived and the dogs were not seriously hurt. Perhaps something from her past made her feel threatened when she saw a dog walk by her property. In any case, I have spoken with Francesca, and know that she will get special training to change this negative behaviour.

Brindi has never attacked a person and has never caused any real harm to a dog. I request that you let Francesca work with a trainer who will correct the behaviour. Francesca is in the middle of a large housing renovation project, but plans to have an enclosure at the back of the house, so that the dog cannot escape. Please let Brindi go back home where she belongs.

Yours truly,

Margot Overington
a resident of East Chezzetcook

Local business owner and neighbor

2008-08-17T11:54:00.001-07:00

[note: Jean Myers, my neighbor and hairdresser, wrote this letter by hand and sent it via regular mail]

August 2, 2008

Dear Lori Scolaro,

I am writing this letter to just give you some encouragement about how I know that Brindi is a sweet dog. Francesca is a neighbor of mine and when she first brought this dog back from Cape Breton, she came to visit me, the dog never jumped on me, never moved, she just sat there, so quietly. She is very well behaved with people and adores her master Francesca. I have never seen a dog like this before. She never, never jumps up on Parker, my husband, or me. I do hair in the community and I let her bring her dog while I am doing Francesca’s hair; the dog just sits, very well behaved. Francesca has had some bad luck with other dogs. All dogs go after other dogs, it's just normal. A lot of people tend to be afraid when a dog attacks another dog. Not too many people know how to handle them, but Francesca is not afraid, which is great. But I know she needs to hold on to her dog. She lives very close to the road and there are a lot of people who have dogs, so Brindi dashes after them, not really meaning to hurt them, the other person tends to be afraid and does not know how to handle the matter, they cause a lot of fear. Everyone overreacts. I just hope you will give Francesca one more chance to take care of Brindi. She said that she would do everything in her power for better care.

Thank you for listening
A neighbor who cares
Jean Myers 839 east Chezzetcook Road
Halifax, NA B0J 1N0

PS Please call if you want to ask any questions!

Wife of East Chezzetcook ballplayer

2008-08-17T08:05:00.000-07:00

[August 10, 2008]

Margo Ross

138 Pearson Drive

Chezzetcook, NS

Re: Brindi Rogier

Dear Lori Scolero,

I am writing to you about the case of Brindi Rogier from East Chezzetcook set to be euthanized early in August. I felt it extremely necessary to Fax you my thoughts on this matter. I have known Brindi since last summer. My husband plays ball at the East Chezzetcook Ball Shack close to Brindi’s home. At least a couple of times a week last summer and this summer Francesca would walk Brindi up to visit the ball placers including their families. There was always lots of activity with the game and the kids running around and often other dogs. Brindi Loved it. She was always so gentle with the children and loved coming in the ball shack to receive some affection from us all.

I strongly believe that anyone claiming we need to keep our children (or any other human being) safe from Brindi is either fabricating a story or has been lied to. I know Francesca will see to it that Brindi will never step outside without her muzzle on and any future altercations with other dogs will cease to be.

Brindi has never and I truly believe will never hurt anybody. Please keep her alive.

Thank you

Margo Ross

Professional groomer

2008-08-17T07:56:00.000-07:00

August 13, 2008

To Halifax Region Animal Services:

I am the owner and operator of DOG LUV – Dog Wash, Services & Supplies, located in the Lakeview Shopping Centre in Porters Lake. I have many years of experience as a groomer and dogowner. I am writing to you concerning Brindi, a female Shepherd mix who was recently seized from her owner and slated for euthanization.

Brindi and her owner have frequented the shop on numerous occasions, coming into contact with many dogs and people without incident. I also cared for Brindi during several grooming sessions and looked after her as part of our Doggie Day Care service. She was always easy to handle and a delight to have around.

In the recent incidents leading to her seizure, I understand Brindi’s actions were not severe. Although unwanted, they do not under any circumstance justify euthanizing her. She is a calm, submissive, and obedient dog who was simply acting like a dog at the time of these incidents. Dogs display dominant behaviour due to the nature of their species. They live in a world of hierarchy and domination. It is completely natural for dogs to act in what we have deemed as aggressive behaviour when in fact, this is how dogs simply behave. They are hardwired to communicate with each other this way. However, society’s humanization of dogs unfairly demands that they act like civilized human beings, stripping them of their natural God-given rights.

In my opinion, euthanizing Brindi is an option that should not be considered at all. She is a good dog. The decision to put her down is completely unwarranted. Brindi may be in need of some rehabilitation, but not death. This measure is extreme, and Brindi does not seem like an extreme case to me. In fact, it seems like cruel and unusual treatment on your part.

It is my understanding that Francesca has put up a fence, she has hired a contractor, and her property is under construction at this time. She is has been pro-active in this regard and is taking the utmost measures to ensure that Brindi and she get the training they need, while insuring that her dog remains on her property by means of barriers. For Francesca, who suffers from chronic fatigue and muscle pain, Brindi is her best friend, companion, and support system. Francesca is a wonderful dog owner who cares deeply for her canine. She has also enlisted the aid of professional dog trainer Bob Ottenbrite of Lietash Canine Academy, and Silvia Jay, to help work with Brindi.

Please feel free to contact me. I feel very passionately about this case. We expect dogs to act like citizens, but is this how we treat our citizens? The system seems harsh. Please look at this case with love and compassion.

Sincerely,

Katherine Chaisson, Owner
DOG LUV - Dog Wash, Services & Supplies
5228 #7 Highway, Porter's Lake, Nova Scotia B3E 1J8
info@dog-luv.ca website: www.dog-luv.ca

Brindi's vet and obedience classmate

2008-08-17T07:55:00.000-07:00

EASTERN SHORE VETERINARY HOSPITAL
5228 Hwy 7, Box 7 Porter’s Lake Centre
Porter’s Lake, NS
B3E 1J8

July 26, 2008

Re: Brindie, 5 year old FS Shepherd mix
Owner Francesca Rogier
(address), HRM

To whom it may concern,

Brindie has been a patient of our hospital since June of 2007. She was also a student in the same obedience class with my own dog. I have not observed aggressive behaviour with either dogs or humans in those environments. Her medical file is not flagged for aggression.

Frances Minty, DVM

Neighbor and experienced dog owner

2008-08-17T07:36:00.000-07:00

July 25, 2008

7 Elmwood Ave.
Dartmouth NS B3A 3E2

Lori Scolaro, Animal Services Field Operation Supervisor
Halifax Region Police
PO Box 1749
Halifax, NS B3J 3A5
Phone: 490 1791 Fax: 490 6142

Dear Ms. Scolaro:

I am writing in support of Brindi a dog owned by Francesca Rogier. I have known Ms. Rogier for 2.5 years and she has owned two dogs in that time. The first died of old age. After the loss of her first dog she adopted Brindi last summer. To the best of my knowledge she has taken immaculate care of Brindi who is the centre of her life.

I have accompanied Brindi and Francesca on walks and during that time I have never experienced any aggression from Brindi towards me or to others that were present. Given the care and love that this dog has received from Francesca, I feel that it would be a terrible misjustice to euthanize Brindi.

Thank you for reading this letter.

Yours truly,

Deborah Kiceniuk

Neighbor and owner of border collie

2008-08-17T07:35:00.000-07:00

Dan Grantham
744 East Chezzetcook Rd
East Chezzetcook NS
B0J 1N0

August 17, 2008

Lori Scolaro, Animal Services Field Operation Supervisor
Halifax Region Police
PO Box 1749
Halifax, NS B3J 3A5

Dear Ms. Scolaro:

I am writing in support of Francesca Rogier and her dog, Brindi, that you have impounded and intend to euthanize. My dog and I have played with Brindi on many occasions and have found her to be a friendly, playful dog. She has never been aggressive at all with me or my dog. It would be outrageous to put her down. Perhaps her owner could have handled things differently, I don’t know, but the dog does not deserve to die. Perhaps she could be given a second chance. She is a lovely dog. Thank you.
Sincerely,

Dan Grantham

Experienced dog owner and ARC foster mom

2008-08-15T08:42:00.000-07:00

13 Royal Masts Way
Bedford, Nova Scotia
B4A 4B1

July 25, 2008

To whom it may concern:

I am writing in response to the seizure of Francesca Rogier’s pet dog, Brindi.

Brindi has been known to me since her rescue. Brindi has been in my home, having spent last Christmas Eve peacefully lying by my feet as my husband and I entertained friends. She was well socialized and well behaved. I have also been in Ms. Rogier’s East Chezzetcook home on several occasions, and other than the normal dog barking as I approached the house, Brindi was calm and accepting of my presence.

Ms. Rogier has spent countless hours in training, socializing, and exercising her dog. In fact, last spring I had offered to look after Brindi for a few days when Ms. Rogier needed to visit her elderly mother. I am aware that Ms. Rogier’s house is under renovations. This is the only heritage home in East Chezzetcook, and as an architect, it became a challenge for Francesca Rogier to repair and restore her new home. As the house is presently blocked up to allow for a concrete basement to be poured, the entrances and exists to the home are difficult, such that taking Brindi out is not as easy as when a pet owner can simple clip the leash on the back deck. The back deck is missing. Most dogs will run to other dogs when they see them on the side of the road at the property line. An instinctive reaction. Since no harm has been done, I fail to see why anyone would order a young, healthy dog to be killed.

Having been a 27 year resident of the Eastern Shore, I know how small rural communities can close ranks against a newcomer. This would not be the first time I have seen this. Many residents allow their dogs to run at large and do not leash them when walking. These dogs are a hazard, however, no one complains because they know the owner and don’t want to upset friends or relatives of the neighbours. Ms. Rogier is a single woman new to the community. She is friendly, intelligent, and thoughtful, yet it can be almost impossible to “break into” a rural community and gain acceptance. I hope that this is not a factor at work in the seizure of Brindi. Can the death of Brindi be halted? What are the necessary steps to take? Please respond to me in writing, giving me adequate time to prepare for any necessary action on the part of Ms. Rogier and myself, as a concerned citizen.

With best regards,

Carol-Anne Hutchinson

Hope Swinimer, Hope for Wildlife Centre

2008-08-15T08:37:00.000-07:00

August 12, 2008

To Whom it may concern:

Francesca Rogier is a valued volunteer of the Hope for Wildlife Society and
has been very active with our Society for over a year. In all of this time of
knowing Francesca, I have found her to be an extremely caring individual of both native and domestic animals.

There have been several occasions where Brindi and Francesca have both been at our facility and I have not had a moment of concern with regard to the behavior of Brindi. I have also observed Francesca and Brindi in large public settings and have found Brindi to be well-behaved and obedient of her commands. I feel Francesca has always acted responsibly within these settings.

It would appear Francesca was not made fully aware of the results of the
muzzle order when it was placed. Francesca has stated she will do whatever is required by Animal Control in the future, including building a complete enclosure around her property and enrolling Brindi in training. She has already installed a 65-foot dog run that attaches directly to her back door.

I am concerned for Brindi's welfare as this process continues, especially
where there appears to be a solution and a willingness on Francesca’s part to comply in everyway. This should lead to a speedy and favorable decision for everyone evolved.

Sincerely,

Hope Swinimer, CVPM
Founder and Director
Hope for Wildlife Society

Trainer Opinion: Silvia Jay

2008-08-12T21:00:00.000-07:00

August 12, 2008

To Whom It May Concern,

After a lengthy phone conversation with Ms. Rogier, owner of Brindi, I feel compelled to forward my professional thoughts about Brindi’s behavior. Please note that following statements are very preliminary only. This letter is intended to provide an explanation for Brindi’s behavior, and an educated opinion how likely it is for Brindi to do serious damage to a dog or person (any age). Please link directly todogsensecommunication.com to read why I feel I am qualified to make these statements.

The facts that Brindi is able to attend and complete obedience class with a well known and respected training facility; that she is able to socialize and play with dogs she is familiar with; and that she is cohabitating with a cat and even allows her (the cat) around her food, indicate that Brindi is not an aggressive dog, but circumstantially reactive to dogs she perceives as a threat (imagined or real is irrelevant). The position where a bite happens is important, because it indicates motivation. The fact that Brindi neck grabs leads me to believe that she feels unsafe and threatened. But her bites seem to have been very inhibited – no deep punctures or shakes, no severe damage or kills, no redirected bites to humans that go in between to break the dogs up. In other words, Brindi exhibits a good amount of self-control.

Dr. Ian Dunbar, Veterinary Behaviorist and world-renowned expert on dog behavior, states that a dog that attacks once and does severe damage is considerably more dangerous than a dog that has several incidents but does little to no damage. In my professional experience, I agree. To my knowledge there are no reports that Brindi ever attacked a person. She doesn’t bite a person that pulls her away from a dog she’s attacked. Every dog has the potential to bite, including Brindi. That fact that she never bit a person in the past, and that the motivator for the attacks against dogs seems to be fear, not predation, indicates that she is not any more likely to bite a person than most other dogs.

Based on my experience, the behaviors Brindi displayed are not uncommon, and euthanasia for a dog that has not killed, not done serious damage, and never attacked a person, seems unwarranted. Quite frankly, the preemptive action to euthanize to guaranty society’s safety from dog bites 100% means that almost all dogs would have to be executed.

Also, to cage a dog that lived at an overcrowded dog hoarding place again for a lengthy period of time, and to prohibit the owner, Ms. Rogier, to visit her, is cruel.

I reiterate that this is a professional opinion only, based on experience. In order to be accurate about Brindi, I would have to personally assess her. If given the opportunity, I would be willing to do that, and/or work with Ms. Rogier on an action plan how to manage Brindi better, how to get obedience where it counts – in and around her home, and how to establish a kind of leadership where Brindi feels safer and is less reactive.

With regards,

Silvia Jay
Dog Behavior Expert and Professional Member of the Canadian Association of Professional Pet Dog Trainers CAPPDT
Greenfield NS

Chair of Physics at Dalhousie

2008-08-08T07:19:00.000-07:00

July 26, 2008

Andrea Macdonald
Manager of Animal Services and Taxi and Limousine Services
Halifax Region Police
PO Box 1749
Halifax, NS B3J 3A5

Dear Andrea Macdonald,

I’m writing on behalf of Brindi, a dog who has been apprehended by your officers last Thursday from the home of Francesca Rogier in E. Chezzetcook to put the dog down. I have met this dog many times, my dog has played with her, and even “stolen” a bone from her in her yard and Brindi has always been a friendly and non-aggressive dog. As you are certainly aware being in your position as Animal Services Field Operation Supervisor, dogs have to establish a rank between them and mentally healthy dogs do it in a way where the other dog involved is never seriously hurt.

We humans also try to establish some ranking, but some do it in more subtly cruel ways. If someone thinks a certain foreign female really does not belong in our Chezzetcook, they might try to make her feel unwelcome by utilizing a By-Law to have her dog taken away and put down. I think this may be a human equivalent for establishing social ranking.

Do not get me wrong: I have no problems if a dog attacks children or any humans to have a very strong response from the law enforcement, but a ranking discourse between dogs is natural behavior. As I said before I do know Brindi reasonably well. I have had dogs all my life and Brindi is certainly a well-tempered dog. I had my kids play with her without any worries and I witnessed how her owner pulled about ten porcupine quills out of Brindis snout. Any inherently aggressive dog would never tolerate this! If you have any questions, please feel free to call me.

I am also willing to appear at a hearing and be interviewed about Brindi.

Sincerely yours,

Harm Hinrich Rotermund, Ph. D.
George Munro Professor of Physics & Chair
Department of Physics and Atmospheric Science, Dalhousie University
Halifax, NS B3H 3J5 Canada
Tel. (902) 494 2342
Fax. (902) 494 5191
Email: harm.rotermund@dal.ca
Internet page: http://www.physics.dal.ca/~hrotermund/

Neighbor, owner of two boxers

2008-08-08T06:58:00.000-07:00

Lori Scolaro, Animal Services Field Operation Supervisor
Halfiax Region Police
PO Box 1749
Halifax, NS B3J 3A5

July 30, 2008

Dear Ms. Scolaro:

I am writing this letter in support of Francesca Rogier and her dog Brindi. Brindi has a planned euthanasia occurring on August 7, 2008. I must disagree with this preventable action. I believe that if Francesca takes the right steps by fencing her yard and continuing to use a muzzle on Brindi when out for walks, the problem here can be solved and Brindi can go back home to her loving home. I have known Francesca and Brindi for close to two years and have never been apprehensive to play or pet Brindi. She has on every encounter been a sweet, loving and calm dog. Just three weeks ago, Brindi was at my house muzzled and tied up to the steps leading to my side door as Francesca came in to see my newly painted kitchen. My two dogs were at the fence barking at her, approximately 2-3 feet away and Brindi did not make the slightest sound or show any type of unruly behaviour whatsoever, she just patiently sat there until her Mom came out to continue their walk. Later that evening I went with Francesca and Brindi to a campfire and Brindi simply sat there for the evening and took whatever pat on the head she got from whomever would pat her. She is such a polite and delightful companion.

Please reconsider this dreadful action which is to take place on August 7th and give Brindi another chance.

Sincerely,

Tracy Root
2740 East Chezzetcook Road

Kennel owner, Porters Lake

2008-08-07T14:48:00.000-07:00

August 1, 2008

Lori Scolaro
Animal Services
Field Operation Supervisor

Dear Ms. Scolaro,

I am the owner/operator of Belle Kennel, in Porter’s Lake.

I am writing to you concerning a shepherd mix, named Brindi, which was been seized from her owner, Francesca Rogier.

We boarded Brindi for nearly two weeks at the beginning of this year, and had absolutely no problem with her. We are not the typical kennel. With several acres of fenced areas, the dogs are encouraged to run, play, and socialize. At the time when Brindi was here, we had over 20 other dogs boarded, and she was not aggressive with any of them, or with us.

As I’m sure you know, when a dog is loose on its own property, they can be very protective of their home, and people. I believe that this is the case with Brindi, that she was only doing what she is supposed to do, protect her property. Keeping her in a secure fenced area in the future, surely has to be a better solution than euthanasia.

Should you wish to discuss this further with me, please contact me any time at the number below.

Sincerely,

Gordon Durant
Belle Kennel
627 West Porter’s Lake Road
Porter’s Lake, N.S.
902-827-3319

cc: Andrea Macdonald, Animal Services
Francesca Rogier

Canada Mail carrier who dislikes dogs

2008-08-07T14:03:00.000-07:00

Lori Scolaro, Field Operation Supervisor, Animal Services
Halifax Region Police
PO Box 1749
Halifax, NS B3J 3A5

July 27, 2008

Dear Ms. Scolaro,

I am writing to ask you to return Brindi to her owner, Francesca Rogier.

I am not a dog person. In fact I am always wary of dogs. I am not wary of Brindi. As a postal employee collecting customer signatures on signature-required items, I’ve gone to Francesca’s door on many occasions, knocked on it loudly, gone in, called out, and walked right back out again, without hearing any response - only to find out later she and her dog were resting upstairs the whole time! Brindi had never stirred from her side.

There are people whose houses I will not go to in that community. I know whose house I can go to and not be in fear. I see their dogs are loose all the time, and I cannot be sure how they will behave. The other day a loose Rottweiler charged at my car while I was pulling in a driveway. It was in my face before I could shut the window. No owner was in sight, and nobody came when I repeatedly hit the horn.

I know for certain that Brindi will never bite me. I didn’t know what that dog was going to do, and I wasn’t taking any chances. I refused postal delivery to that home, as I do anywhere I fear for my safety. I have never felt any fear around Brindi.

Someone has made a terrible mistake here. Brindi should be sent back home right away.

Sincerely,

Marina Findlay

Thank You Councilor Hendsbee

2008-08-07T13:21:00.000-07:00

From Jon Stone to David Hendsbee: Thank you for your assistance

Dear Councilor Hendsbee,

I want to thank you for taking the time to assist your constituent Francesca Rogier over the issue of her dog Brindi. Now that you are familiar with the case, I am sure you understand that beyond the individual impacts this situation is having on Ms. Rogier, there is a larger issue.

You probably don't recall a discussion I had with you a couple of years ago when I was reviewing the issue of how municipal councilors were remunerated in HRM. I was the co-chair of the commission struck to determine rates of pay for municipally elected officials. At that time, there was a myth that the work of a councilor was "part-time" and something which could be done in addition to making a living at another type of work. This current situation illustrates exactly the kind of scenario which shows the importance of having municipal councilors fully available to their constituents.

Prior to the implementation for the current regulations, I recall some of the comments you made about this animal control by-law when it was being formulated. In short, I would say you were an advocate of the law primarily focusing on protecting humans. This is a point I strongly agree with. A dog which is dangerous to a human being has no place in our community.

Now the case of Brindi. I believe this case shows how badly things can get twisted. The spirit and intent of the regulation has been so badly mangled that an animal that has not only never harmed a human but has universally shown affection for every human she has ever encountered can end up sentenced to death. I would be amazed to the point of shock if you or any of your colleagues on Council ever envisioned a scenario like this arising from the by-law. This hopefully sends a signal to you that there is a huge problem here that needs to be rectified.

Councilor Hendsbee, with all due respect, how can this Council continue to support a by-law that requires a person such as Ms. Rogier who is a newcomer here, someone who is trying to better the community by moving here to go to the Supreme Court to save an animal that has never caused harm to a human? Does this not clearly send a message that changes have to be made now?

I recall discussing a number of scenarios when we were in deliberations on what to recommend as a remuneration value for Councilors. My arguments were always that "No, a councilor is NOT merely a conduit for information to and from the community. We elected councilors to keep municipal bureaucracy in check." This role, as advocate for the individual resident against municipal bureaucracy running amok is the most important role of an elected official and one which should be remunerated at the level of a professional.

As a citizen of HRM if I so much as get a parking ticket I have the right to be heard before an impartial authority. That is how laws evolve, mature and ultimately serve those for whom the legislators have brought them forth. This by-law has no such avenue. It has no way to be reshaped through precedent and reasonable adjudication. I submit to you this is the time to shine by taking on this cause and bringing some rationality to this law.

As a person duly elected to represent the interests of the community, this is an opportunity for you to take this badly executed law and help us all build a workable, and supportable set of rules which will respond effectively to the real needs of the community.

Respectfully

Jon Stone
21 Highwood Street
Dartmouth
Nova Scotia B2Y 3B9