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.

As we head into a new week and as we head into the two weeks leading up to Francesca’s next court date — April 16, 2010, I am reminded of the words Apple‘s Steve Jobs authored. It speaks to those people who inspire us and motivate us. Those who go out on a limb for what is right.

They change us as they are changing our world.

“…You can praise them, disagree with them, quote them, disbelieve them, glorify or vilify them.”
About the only thing you can’t do is ignore them.
Because they change things…”

“…While some see them as the crazy ones, we see genius.
Because the people who are crazy enough to think they can change the world, are the ones who do.”

Let’s recognize the change Francesca is making and stand with her. Let’s tell Halifax that in the court of public opinion, we feel Brindi should be released and sent back home to Francesca. It’s not too late for them to correct the inappropriateness of their actions.

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.

Kindly ask them to correct this iniquity and return Brindi to her owner, Francesca Rogier.

Hug a rescuer. Donate to animal advocacy. Join Let’s Adopt!

“It’s common among animal lovers to think of themselves and others as parents to their pets. I don’t have children; [but] I do call Brindi my baby girl… most of the time, I think of my animals as companions and adults in their own right. Brindi was already four when I adopted her and after a period of clingy-ness she soon gained confidence to become who she is… “

“The idea of being a mother to your pets does make sense in some ways; we care for our animals, nurture them, love them, teach them how to behave, take them with us on our journey through life. They never leave home of course, unless they are taken by illness or get lost or as in Brindi’s case… just taken.” [May 2009]

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.

Kindly ask them to correct this iniquity and return Brindi to her owner, Francesca Rogier.

“All I know is, I love my dog more than anybody on the planet. There is nobody who will take better care of her or work harder to keep her safe and sound, with all the necessary aids and precautions.”

“When people tell me how much they love Brindi, I think that’s really great, because it reassures me that even behind bars, she is being her wonderful, beautiful, smart, attentive, fun, eager to learn, and above all, loving self. Even behind bars, all of that comes through; she is weary, she is lonely, she needs more exercise, her teeth and coat need attention, and Lord knows she needs to come home — but she has not gone crazy, she has not become vicious. Not this dog, people!”

“And it gives me a bit of hope. Who in their right mind could kill a dog like Brindi?

“My hope is that maybe, just maybe, people who say they love Brindi will put themselves in my shoes for just a moment. A fraction of a moment. Any amount of time, no matter how brief, would be enough for them to know one thing for certain: nobody loves Brindi as much as I do. And then they would understand exactly why I say that I am not going to stop until she is back home, safe and sound.” [May 2009]

“Good news: permission from the authorities to see Brindi 30 minutes a week, noontime Wednesdays. Two visits so far since January. Unlike back then, this time we were allowed to be inside the building, since it was cold and rainy that day… .” [Note: These are the first two visits Francesca has been "permitted" since Brindi was seized in July 2008.]

“I can’t help thinking that Brindi has easily served ten times more time behind bars than even the worst animal abuser. My time has been much like prison; I certainly have not been living a real life. Knowing your dog is literally on death row makes that kind of impossible.” [May 2009]

[Note: Today's post is taken from Francesca's blog, Free Brindi!. The text comes from May 2009, roughly halfway between today and where this ordeal began in late July 2008. It's but a small part of her story as told in her own words.]

Francesca makes her pre-sentencing statement before the judge on April 16, 2010.
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Please call and/or email the contacts below.

Do it often and do it regularly.

Ask them to correct this iniquity and return Brindi to her owner, Francesca Rogier.

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

WHAT IF the city impounded your pet and wouldn’t let you have visitation… what would you do?

“On Monday, I sent another request to Animal Services for permission to see Brindi. Two weeks ago, after sending three letters in a row, I got a written refusal. There is no law or written policy banning [visitation].” October 2008

“Before leaving the [courthouse], we asked the city’s counsel once again if I could be allowed to visit Brindi. Answer: a flat NO.” January 2009

WHAT IF your only alternative to save your pet from euthanasia was to sue the city… would you do it?

In 2008, Francesca Rogier pursued that very alternative. In January, 2009, the Supreme Court declared certain portions of By-law A-300 invalid and quashed the decision to have Brindi euthanized.

Nova Scotia Supreme Court Judge Duncan Beveridge quashed Brindi’s original euthanization order because the city failed, he wrote, to accord Rogier “even the most minimal requirements for procedural fairness.” One example? In what the city called its “complete investigation” of the third attack, no one bothered to take a statement from, or even contact, Rogier. [The Coast]

Brindi should have been a free dog that day.

Instead, the city launched their second attempt to KILL BRINDI. They charged Francesca Rogier with three violations of the By-Laws.

The city continues, today, to hold Brindi.

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