Well, you probably know where the rest of that question is heading without me telling you. I heard that question posed as an analogy, a philosophy of sorts, many years ago. The answer is, “Because he can.”

I think that despite its rather crude exterior, the question makes a valid point: we CAN.

Beyond the daily tasks we do, it explains those less common behaviors like random acts of kindness: opening the door for someone, picking up a parcel that drops, or even something so simple as sharing a smile. Have you ever walked through a store with a smile on your face and noticed how contagious it is? It’s inspiring to see your smile appear on someone else’s face.

“CAN” may require a little effort, but the rewards are infinite and worthwhile.

For the various officials of the city of Halifax to say they CANNOT do anything for Brindi’s situation because the case is before the courts is just not correct. THEY CAN!

The city initiated this second attempt to kill Brindi. They CAN negotiate a resolution, but they have so far ignored offers to discuss any such option. So here we are almost 16 months after the Supreme Court declared certain portions of By-law A-300 invalid and quashed the decision to have Brindi euthanized still trying to free Brindi.

Elephant in the Room (photo by David Blackwell)

Both sides in this case can point to the other as reason for the delays, but overall, that is neither here nor there to this discussion. The bottom line right now and the most significant point, the elephant in the room with us, is that the city of Halifax CAN negotiate a resolution, but they choose not to.

Instead they hide behind the overused statement that “it’s before the courts.”

Why?

Negotiations on cases like this occur every month in the provincial courts. Even the fines are negotiated: owning a dog that attacks another animal may cost one person $330, but cost another $75. There is one case where the report shows a fine of $1 for owning a dog that attacks a PERSON. Yet Brindi sits on death row.

Brindi has caused no serious injuries and never bitten a person.

People who have repeatedly been charged with the same by-law offence — including owning an animal that repeatedly attacks — have repeatedly paid a fine. It’s reported on the Halifax Animal By-Law Violation report included on the city’s website every month.

So Halifax, why is this case different? Even the Criminal Code of Canada clearly states in section 718.2 (b) “a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances…”

Why is this case any different?

Please, Halifax… negotiate a resolution and send Brindi home to Francesca.

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Francesca makes her pre-sentencing statement before the judge on April 16, 2010.

Please call and/or email the contacts below. Do it often and do it regularly.

Ask them to let Francesca visit Brindi. And ask them to negotiate a resolution to this craziness so Brindi can go home to Francesca.

All of nature has the ability to reason and the ability to negotiate. It’s innate in us. As natural as rain.

You need only look at the pecking order in a herd of wild horses to see this or the feeding rotation of birds around a birdfeeder.

Society sets rules to govern us, to guide us on acceptable behavior. They provide lines and structure.

If we paint outside those lines, we negotiate the consequences.

Your son breaks your neighbor’s window with an errant baseball. Does your neighbor seize your child? Confiscate his baseball? No, you negotiate with the neighbor to replace his window at your expense. You teach your child a new behavior: don’t play baseball so close to windows.

We negotiate the consequences.

A look through the Halifax Animal By-Law Violation report included by the city each month in the minutes on their website shows that violations are negotiated every month. Fines are routinely negotiated.

There is nothing unusual about Brindi’s incident.

She broke away from Francesca while getting muzzled. She ran to the edge of her property and scuffled with a dog being walked past the house. It was over in seconds. There were no visible wounds nor was the dog vetted for any injuries.

So why has the city of Halifax NOT negotiated this case in all the time that has passed since Brindi was seized in July 2008? The only words we seem to hear from their camp is the long passed cliched response: “We cannot comment because the case is before the court.”

Even the Criminal Code of Canada clearly states in section 718.2 (b) “a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances…”

It’s an indifference of sorts to not even attempt to negotiate.

Justice IS blind in Halifax. The same rules applied to other by-law violations are not being applied here.

Please call and/or email the Mayor of Halifax and the head of the city’s Legal Department. Ask them to correct this iniquity and return Brindi to her owner, Francesca Rogier.

It should not be wrong to stand up for what is right.

Mayor – Pete Kelly
kellyp@halifax.ca, mayorhrm@gmail.com
902-490-4010

Head of Legal – Mary Ellen Donovan
donovad@halifax.ca
Phone: 902-490-4232

Ciao, Holly