Whereas local governments protect the public from dangerous dogs and incur significant costs and uncertainty in court due to narrowly drafted provisions under s. 49 of the Community Charter; And whereas case law interpretation from judges has expanded judicial discretion and oversight beyond the courts statutory jurisdiction and at the full expense, continuing cost and liability to local government; And whereas such interpretation of s. 49 undermines public safety to persons, dog owners and their victim dogs or domestic animals and adds increased and unnecessary costs and liability to local government: Therefore be it resolved that UBCM support adoption of the Hugos and Charleys Law amendments to s. 49 of the Community Charter, to protect the public and their dogs from dangerous dogs.
Ministry of Community, Sport and Cultural Development The Province recognizes that there are a variety of issues that are raised in relation to the keeping and treatment of dogsand also recognizes that there are varied and passionate views on all sides of these issues. This resolution to request implementation of the proposed Hugos and Charleys Law amendments to section 49 Special powers in relation to dangerous dogs of the Community Charter is intended to enhance protection of the public and their pets from dangerous dogs and proposes several specific amendments to Section 49 that would impose greater obligations and increased liability on owners of dangerous dogs. A number of concerns raised in the proposal have already been addressed by the Province and the courts. The Ministry of Justice has responded to the general court delay issue by affirming the implementation of a Provincial Court Scheduling System in an effort to provide for earlier court dates in matters in relation to dangerous dogs and Section 49 specifically. Subsequent judicial decisions have provided further clarity regarding the seizure, impounding and destruction of dogs identified by local governments as being dangerous. In addition, the Ministry of Justice is continually evaluating B.C.s civil liability framework and Ministry of Justice staff are engaging in work to review options regarding civil liability for damages caused by pets. See Ministry of Justice response to resolution B86 Pet Owners Liability Act. Both the Ministry of Community, Sport and Cultural Development and the Ministry of Justice have authority in relation to Section 49. As such, any proposed changes require collaborative work between the two ministries to determine of whether a legislative solution would be appropriate. The Province appreciates the serious nature of dog related issues and is listening to the perspectives of local governments, community members, and key stakeholders such as the Society for the Prevention of Cruelty to Animals on these matters. However, there are currently no plans to amend Section 49.