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On Monday, August 29th Clayton Ruby, acting on behalf of Catherine Cochrane, filed a notice of application with the Ontario Superior Court of Justice to challenge the enactment of a ban on pit bull type dogs in Ontario.
This challenge is based on the vagueness and overbreadth of the Revised Dog Owner's Liability Act. During the press conference Mr. Ruby explained why the constitution applies.
"Governments are entitled to enact, generally speaking, overbroad legislation, vague legislation, legislation that is counter to all the scientific evidence," said Mr. Ruby. "They can do these things. But the Charter of Rights says, if you're going to imprison citizens as a result, then you can't do those things. This is what the government has done with this legislation. For the first time imprisonment of up to 6 months is a punishment and that means the Charter operates. That means that people have rights. We're going to enforce those rights."
More detailed information on the court challenge can be found in the application submitted to the Ontario Superior Court of Justice.
Mr. Ruby and the plantiff, Ms. Cochrane, have the full support of the Banned Aid Coalition in this matter. Any media inquiries about the legal challenge should be directed to:
CLAYTON C. RUBY
Tel: 416-964-9664
Copy of the application (Microsoft Word)
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Updated September 27, 2007
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