A day after the city of Montreal approved a controversial ban on 'pitbull type dogs', Montreal's SPCA filed legal action against the city, in the hopes of having the new bylaw effectively neutered.
In the short term, they're seeking to have the application of the bylaw suspended, while the court reviews it to see if it's legally above board.
Sophie Gaillard with the SPCA says it has a strong legal case to having the bylaw's most contentious provisions invalidated.
"This category of 'pitbull-type dogs' is defined in such an imprecise and vague manner that it's actually impossible to know which dogs fall into this category or not," Gaillard says.
Another major problem with the bylaw, she says, is that once a dog is designated as a 'pitbull-type dog', there's no way to have that designation challenged — regardless of whether documentation exists that proves the dog isn't what the city says it is.
"There's no way to be heard," Gaillard says, "there's no way to challenge any type of designation under this bylaw, which is problematic in terms of procedural fairness."
The bylaw passed by a vote of 37-23 at Montreal city council on Tuesday afternoon. It's due to take effect on Oct. 3.