Another chance at life for a dog considered dangerous after it bit a B.C. child on the head.
Mitch Mortensen and Tammy Gibson of Mackenzie in central BC have won their appeal after a provincial court judge declared their dog “Spartan” dangerous, and ordered it be put down.
Last March Gibson was babysitting a four year old child at her home when Spartan bit the boy on the head.
He suffered puncture wounds and bruising on his face.
Mortensen says his dog Spartan didn’t purposely bite the four-year-old boy.
He says the boy raised his hand to signal the dog to jump up.
“When he (Spartan) jumped up and came down on him, his two top canines topped the top of the boy’s head. Noting to indicate an attack.”
The Animal Control Officer for The District of Mackenzie filed the dangerous dog application which was successful, but the owners appealed, and now a BC Supreme Court Judge has ordered a new hearing over the fate of the animal.
Mortensen says the district was uncooperative.
“The district was completely unwilling to negotiate. We were perfectly willing to work with a dog trainer here. I wanted to turn this around.”
The owners were not allowed to present evidence given by an animal control officer who spent time with Spartan in the kennel compound, and the judge ruled that was a breach of the principles of natural justice.
“In my view, she potentially had evidence as to any changes in Spartan’s behavior from the time that he was placed in the respondent’s kennel compound until he was assessed.”
No word yet on a timeline for the new hearing.