Monday, December 03, 2012
Breed Specific Legislation
Growing up
I was always the little girl who loved animals. Anything to do with animals was
something that I was interested in. So it came as no surprise to my parents
when I started to volunteer at the Calgary Humane Society when I was sixteen.
After a couple of years of doing various volunteer jobs with the Calgary Humane
Society, I decided to get a job as an adoptions counselor. This job opened my
eyes to the horrible lives that many animals in Calgary are subjected to. It
was also at this job that I learned about the persecution of specific dogs
based on their breeds. Breed Specific Legislation (BSL) is a law that is aimed
at specific dog breeds that have been deemed “dangerous”. These laws vary from
outright bans on specific dog breeds to strict restrictions and conditions
being placed on ownership of specific breeds of dogs. Calgary fortunately does
not have any laws aimed at specific dog breeds and because of this, the Calgary
Humane Society has become a safe haven for many dogs that have been displaced
because of BSL. When BSL is enacted one of two things happens. In the good
cases, the dogs that have no history of aggression are grandfathered into the
law and are allowed to live out their natural lives with their families. The
second case, which is the most common scenario, is that all dogs that are
identified as the breed targeted by the BSL are torn from their families and
killed. Families are forced to make a decision between uprooting their lives
and moving somewhere that their pet is allowed, or they are forced to give up
their beloved pet. In some cases, if the dog is lucky, a rescue agency will
step in and work with the family to have the dog relocated to an agency that is
located somewhere not affected by BSL and the dog will be rehomed. Calgary is
such a place. When I worked at the CHS, we were constantly receiving dogs from
not only Canada but from the United States as well. While it is difficult for
legislative bodies to address issues such as dog bites in a way that appeases
society, Breed Specific Legislation is not the answer. Breed Specific
Legislation overgeneralizes dog breeds, brings to light enforcement issues as
well as dog breed identification issues, punishes upstanding citizens in
society, and potentially creates ‘new’ aggressive dog breeds.
BSL
overgeneralizes dog breeds by branding all dogs of a particular breed as
aggressive dogs. This is unfair; as dogs are no longer being judged based on
their individual personalities or behavioral history but are being judged under
an umbrella category of their breed. Conversely, the legislations target
specific breeds such as Pitbulls and Rottweilers, but fail to take into account
other breeds of dogs that could potentially be dangers. The American
Temperament Test Society is a not-for-profit agency that was set up to create a
test that could be used to determine the temperaments of the various dog
breeds. There has been an increasing need for a uniform temperament test such
as this since BSL has become more common. Interestingly, in 2011, the American
Pit Bull Terrier scored an 86.8%, American Staffordshire Terrier scored 84.2%,
and the Rottweiler scored 83.9%. Contrast these numbers with dogs that are
typically considered the penultimate family dogs such as Golden Retrievers who
scored 85.2% and Bernese Mountain Dogs who 85.6% and you can see that these
dogs that have been labeled as aggressive by mainstream society are actually
ending up in the same categories as the dogs that are considered family
friendly pets.
Issues with
enforcement should also be taken into consideration. Many dog bites that occur
happen in areas such as neighborhoods where leash bylaws are in effect. This
creates a twofold issues. First of all, these dogs are not on leash in a
leashed area and consequently, the owners are not acting like responsible
owners should. Individuals who are not responsible owners are the types of
people who are unlikely to abide by any BSL that may be enacted. Secondly,
officials are clearly not enforcing current laws adequately so how will they
enforce BSL any better? In fact, if animal bylaw authorities are forced to
focus on enforcing BSL, they are not able to focus on laws that are already in
place that would better serve to making communities safer. The American Society
for the Prevention of Cruelty to Animals (ASPCA) points out that BSL is more of
a compromise to community safety than an enhancement because leash laws, spay
and neuter laws, dog licensing laws, dog fighting laws, and anti-tethering laws
are much more effective laws at preventing dog aggression. If attention is
being taken away from enforcing these laws in favor of enforcing BSL on dogs
and owners who have no history of aggressive incidents, then there creates a
potential for many aggressive dogs and irresponsible dog owners to go
undetected and unpunished.
Another
factor of enforcement that needs to be considered is people’s inability to
accurately identify dog breeds. The dog most commonly affected by BSL is the
‘pit bill’ but the ‘pit bull’ is not a breed of dog. The term ‘pit bull’ is a
generic term for four different dog breeds; the American Pit Bull Terrier, the
American Staffordshire Terrier, and the Staffordshire Bull Terrier, and the
Bull Terrier. This furthers the complexity of BSL because if people, mainly the
authorities, cannot identify the dog breed it is hard to enforce any
legislation that may be applicable. Generally it requires an expert such as a
veterinarian to determine whether or not a dog belongs to a particular breed or
in the case of mix-breed dogs, what various breeds the dog has in it. BSL is a
simple solution to a complex problem. People looking for an aggressive dog will
simply find another dog breed to suit their needs.
No agency
that could be considered an expert or authority on dogs supports the idea of
breed specific legislation. Agencies that would be considered authorities would
be Veterinary Associations, Kennel Clubs, and Rescue Agencies. The Canadian
Veterinary Medical Association, the Canadian Kennel Club, and the Canadian
Federation of Humane Societies have all published statements and reports
expressing their concerns about BSL and what they think should be done instead.
So what should be done if BSL is
not the answer? Current laws must be enforced properly. If a law is not
enforced then individuals really have no reason to abide by it. The penalties
for disobeying these laws also need to be stern and individuals should face
additional penalties if they specifically trained the dog to be aggressive
whether it is for guarding purposes or fighting purposes. The ASPCA points out
that in 2006, 84% of the fatal dog attacks were by dogs that were owned by
irresponsible owners who abused the dog, allowed the dog to be unsupervised
with children, or did not control the animal in a humane way. Laws directed not
at specific breeds but at dogs that behave aggressively should be enacted. If
there are clear guidelines on what constitutes as an aggressive act and what
authorities should do if an aggressive act occurs, communities would be much
safer. This allows animal bylaw agents to focus on problem dogs and owners
rather than waste their time on responsible owners who have well behaved dogs.
Education
is imperative. Children must also be educated about dogs as they are
statistically at the greatest risk of being bitten by a dog. It is because of
this that many Humane Societies have set up programs that are specifically
designed to educate children about dogs and how to interact with them.
Education has to go further than this though as adults also need to be educated
on how to properly train, socialize, and treat their pets. A solution to this
could be a law that makes it mandatory for anyone either buying or adopting a
dog to take a course on how to properly train and care for a pet dog.
Finally,
people need to spay and neuter their pets. According to the ASPCA, over 70% of
dog bites are from unneutered male dogs and that is 2006, 97% of all the dogs
involved in fatal attacks were not spayed or neutered. This is an astounding
statistic, and ultimately, unless an individual is an accredited breeder who’s
dog is registered with their local kennel club, there is no reason whatsoever
that a dog should not be spayed or neutered.
Ultimately,
enforcement and education are the two biggest factors in preventing dog bites.
Breed specific legislations serve only as a political tool to give citizens a
false sense of security. Rather than persecuting innocent dogs, citizens should
be educated and law enforcement agencies should focus on punishing the deed, not
the breed.
Useful Sources
American Humane Association. (2012). Breed Specific
Legislation. Retrieved from: http://www.americanhumane.org/animals/stop-animal-abuse/fact-sheets/breed-specific-legislation.html
American Society for the Prevention of Cruelty to Animals
(2012). Breed Specific Legislation. Retrieved from: http://www.aspca.org/fight-animal-cruelty/dog-fighting/breed-specific-legislation.aspx
American Temperament Test Society, Inc. (2011). Breed
Statistic. Retrieved from: http://www.americanhumane.org/animals/stop-animal-abuse/fact-sheets/breed-specific-legislation.html
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