Ginger’s Case Goes Back to Court
Ginger with her owner, Phillip Huggins
Lee Ann O’Reilly sends us news on the on going court case to save the life of Ginger, a Pit Bull who was attacked (while on leash and muzzled) by another dog in a Toronto Park. Unbelievably, it is Ginger (yes, the dog who was attacked) that is facing a destruction order by the City of Toronto.
A Toronto Star news story outlines the basics of the case:
Ginger’s misfortune began Nov. 29, 2005.
“My mother took her out for a 6 a.m. walk in the park,” said owner Philip Huggins, 28, a truck driver for a graphics firm. “Ginger (a 69-pound dog) was muzzled and leashed. Another dog (Buddy, a 45-pound dog) ran over to her and started sniffing her. The dog bit, and went and tore (Ginger’s) left ear, then ripped off her muzzle.” Ginger bit the dog back, then bit its owner, court documents show.
“Clearly she (Ginger) bit. The question was whether she was defending herself against another dog or whether she was the aggressor,” said Ruby, who got involved in the case two weeks ago, encouraged by a member of the Banned Aid Coalition, a group opposed to Ontario’s pit bull ban. Ginger was ordered held in custody by a justice of the peace in December 2005 and remained at a Toronto Animal Services shelter while her case wound through the courts.
From LeeAnn O’Reilly and the DLCC:
This is a pivotal case.
It will clarify exactly what the rights are for ALL DOG owners, the power of any Animal Control officer to enforce the regulations. It challenges reverse onus and the intent of the law.
This case along with many others is why the DLCC is struggling to pay off our outstanding debts, left when the constitutional challenge was turned down. We need to win this case and others. We need to get the various regulations of DOLA , challenged once again in the lower courts to reopen the door to repealing this barbaric law.
The DLCC is not able to fund this case, but we immediately offered our help to get the word out there that Ginger needs US.
October 25 2010
“Law abiding citizens are not being targeted by the ban”.
– Former Attorney General for Ontario, Michael Bryant
On November 29, 2005, while Phillip’s Mother was walking Ginger, leashed and muzzled, in a Toronto park, Ginger was savagely attacked by an …unleashed dog.
So savage was the attack on Ginger, that Buddy tore Ginger’s muzzle off and inflicted severe injuries to both Phillip’s mom and Ginger. Ginger now has permanent damage to her left eye.
Buddy’s owner walked away VIRTUALLY scott free.
Ginger wasn’t so lucky. The City of Toronto Animal Control Officers seized Ginger illegally, without warrant or consent of Ginger’s owner.
Within hours, a ‘destruction’ order was placed on Ginger’s life while Phillip was charged with 3 counts under DOLA. Prosecutors attempted to strike a deal with Phillip, offering to drop all charges if he ‘ simply ‘ handed over Ginger to be killed. Phillip would have nothing to do with it and said he would fight to the end.
Ginger spent 3 ½ years incarcerated simply for defending herself and Phillip’s mother.
As a result of the charges and the battle in court, Phillip lost his job, ended up on welfare and now suffers with depression.
Out of money and time, Clayton Ruby, an established Human Rights lawyer, took over the case. He knew the City of Toronto was wrongfully holding Ginger in the pound. Within days, Clayton Ruby went before a judge and Ginger was released back to her loving home until the next court date.
Despite a ruling which allowed Ginger to be free, the City of Toronto was granted an appeal on the ruling.
Phillip is yet again scheduled to appear in court again on October 25, 2010 at The Court of Appeals for Ontario Ginger is still at risk of losing her life.
WHAT CAN YOU DO?
As a result of the city of Toronto being granted an appeal, it is costing a lot more than what was anticipated.If Phillip doesn’t raise the funds, he may lose his appeal, and Ginger will lose her life.
He has come this far, but if he stops now the city will be granted the destruction order and Ginger will be destroyed.
Your financial help is all that stands between an innocent dog and death.
Go to www.dlcc.ca to donate
or
Please send payment in trust for Ginger to:
Ruby and Shiller
11 Prince Arthur Ave,
Toronto, On
M5R 1B2
LeeAnn O’Reilly, Pres.DLCC
president@dlcc.ca
www.dlcc.ca
“Fighting ignorance since 2003..it’s taking longer than we thought.”
I felt sad upon reading the whole story. I do not understand why the court’s decision is in favor of Buddy. It should be with Ginger because the dog got hurt. Let’s help Phillip in this fight.
As part of the Remedy, if the Appellate Court did not uphold Justice Hogan’s Ruling, Clayton Ruby and Breese asked to send the Ginger case back to the lower court for a new ruling based on evidentiary issues.
The remedy put forth by the City of Toronto and the Province of Ontario as interveners is that the legislation is quite clear in it’s interpretation ,Ginger must be euthanized.
If the Appellate Court agrees with Clay , they can uphold Justice Hogan’s ruling or send it back to a lower court.
In the event that Gingers case is sent back to the lower court and wins, the City of Toronto, may appeal the lower courts decision.
Therefore it is entirely possible at that time, that ‘new’ constitutional issues can be raised based on the ruling of the lower court.
At this time the Appellate Court of Ontario has reserved judgement.
While Ginger did not appear outside the court but she did get to meet and greet quite a few of her fans and followers…she is fine.
The DLCC will keep you informed as soon as possible.Stay tuned and hang on !
This is from Cathy P, treasurer of DLCC….