The lawyers working to resolve a Chatham dog seizure case in limbo are hopeful it can be settled in a few weeks.
The dog named Zeus was captured by the Pet and Wildlife Rescue (PAWR) in Chatham just before Christmas after it escaped from owner Shawn Hall's backyard.
David Sandor, the lawyer representing Hall said DNA tests are underway to determine if Zeus is a pit bull, a breed banned under provincial law. If it is a pit bull the dog will be sent out of province to avoid it being euthanized. But if it isn't it will be returned to the Hall family. Hall insists it is an American Bulldog and says he has documents to prove it.
Court proceedings have begun but both Sandor and PAWR's lawyer Steve Pickard hope the case can be resolved out of court. The case was heard in Chatham court on Tuesday and the next court date is set for February 17.
Pickard said Zeus was found roaming the streets and was picked up by PAWR like any other stray dog. He added the animal control officers were just obeying the law because Zeus appeared to be a pit bull. Pickard said PAWR had Zeus examined by a veterinarian who determined that Zeus is a pit bull and signed a certificate confirming that.
"PAWR has no choice in the current circumstances. It is not a question whether the law is a good law or not, PAWR is legally obliged to follow the law," said Pickard.
Pickard goes on to say all that Hall has produced so far is a vaccination certificate from when Zeus was a puppy and statements by himself and the people that sold him the dog. He added the pit bull breed is not identifiable by appearance when it's a puppy and points to previous social media posts by Hall that have recently been deleted allegedly identifying Zeus as a pit bull.
DNA testing is also unreliable, according to Pickard. He said PAWR does not want to keep dogs that they are not obliged by law to keep.
"The problem is that the evidence that Mr. Hall is relying on is not recognized by the legislation. It's also worth noting that DNA evidence is not either because there is no recognition and therefore [no] database of a pit bull breed," Pickard said. "Nobody prevails here. This is just determining if Zeus is a pit bull or not."
Sandor admits DNA testing on dog breeds is a science still under development and added his client has the proper paperwork from a veterinarian and Zeus' breeder that he is indeed an American Bulldog.
"Nobody wants to see an animal sitting in a cage for an extended period of time," said Sandor. "The children in the Hall family, they need closure."
Sandor said Hall has never sold pit bull puppies and the social media posts claiming he did were posted by someone else wanting to sell him a pit bull puppy.
He appreciates that PAWR is cooperating but added there was no need to go to court over this.
