Quebec Superior Court Justice Louis Gouin has agreed to temporarily suspend Montreal’s controversial bylaw banning “dangerous” dog breeds, pending a final decision Wednesday.
The Montreal SPCA filed documents at the courthouse last Wednesday hoping to suspend the application of some portions of the new law.
The SPCA alleges the sections that specifically target pit bulls are discriminatory and contrary to Quebec’s animal-welfare laws.
Montreal city council voted 37-23 in favour of the bylaw Sept. 27.
The legislation includes a ban on new pit bull-type dogs as of Oct. 3 and restrictions on those currently in the city.
Owners of Staffordshire Bull Terriers, American Pit Bulls, American Staffordshire Terriers, including a mix of those breeds and any dog that looks like a pit bull will need to apply for a special permit.
READ MORE: Where can you apply for a special permit to keep your pit bull-type dog in Montreal?
Under the new bylaw, listed dogs will have to be muzzled and be fitted with a microchip.
“It’s nearly impossible to understand what qualifies as a pit bull,” Jonathan Feingold, a dog-owner said. “I have a dog who is muscular, athletic, short cut but he’s certainly not a pit bull. And under this regulation it may be interpreted broadly he may fall under it and be subject to it.”
The SPCA agrees and is arguing the bylaw is too vague.
The presiding judge echoed the sentiment.
“We are hopeful that we will be successful in challenging the legislation in court,” Alanna Devine, director of animal advocacy at the Montreal SPCA, said.
“We do feel there are some serious legal grounds on which we are going to be able to challenge this legislation, which is why we filed this motion.”
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