‘A last resort:’ RM facing backlash after passing bylaw allowing killing of roaming dogs

A Saskatchewan RM’s bylaw allowing residents to kill or sell a dog that is trespassing on their property is raising concerns among animal protection advocates.

The bylaw, provided to 650 CKOM by the RM of Porcupine, states that no dog shall run at large in the municipality, including any dog that is beyond the boundaries of the land occupied by its owner, or land where the dog has permission to be. The bylaw also states that dogs must be under control, securely confined by an enclosure, or securely fastened so they cannot roam.

Anyone who owns, possesses or harbours a dog found running at large would be violating the bylaw, and any person who finds a dog breaking the bylaw is given permission to kill the animal, according to the rule.

The bylaw differs from one passed in 2002 by the Town of Porcupine Plain, which states that any resident of the town, aside from employees and elected officials, can sell or “destroy” a cat or dog they catch that is “running at large,” after waiting three days for an owner to claim it.

Reeve Steve Kwiatkowski said the bylaw was well-intended, and there was never any intention of seeing an animal killed.

He said large numbers of dogs have been running around his jurisdiction unleashed, and the intention of the bylaw was to get dog owners to take more responsibility for their animals by leashing them or watching to ensure they stay on their own properties.

“It was a last resort,” Kwiatkowski said.

The reeve said some residents in the RM have expressed concerns about safety with so many dogs roaming around. While nobody has been attacked by a dog to his knowledge, Kwiatkowski said the concern is present.

“We do feel that if you’re in your own private yard, you should be able to be … without being fearful,” he said.

The idea for the bylaw came after reviewing rules other rural municipalities in the province have in place, the reeve said. Not knowing what else to do, and hearing other communities have had success with similar bylaws put in place, Kwiatkowski said the RM’s council decided to move forward with its own bylaw.

Kwiatkowski said no dogs in other communities where similar bylaws have been enacted have been killed, as far as he knows.

“We need an answer,” Kwiatkowski said, adding that he is open to any other solutions for the RM to address the concerns instead of the bylaw.

“We absolutely want no dogs shot,” he said. “We want dogs looked after as best as humanly possible.”

There are concerns being raised about the RM’s bylaw by animal protection groups.

Don Ferguson, executive director with Animal Protective Services of Saskatchewan (APS), said the Municipalities Act allows RMs to make bylaws within their jurisdictions, but this bylaw might inadvertently put the town and any person who does kill an animal in violation of the province’s Animal Protection Act.

APS enforces that legislation, and Ferguson explained that someone euthanizing an animal has to do it in a way that is consistent with a prescribed code of practice. In this case, that refers to the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals as per the Animal Protection Regulations, he said.

Those guidelines state that humanely killing an animal means the animal immediately loses its sensibilities and sees a rapid progression to death.

“Obviously, not everybody’s properly trained, I’m assuming, in rural Saskatchewan, in this area,” Ferguson said.

“I’m not convinced that everyone is using, in a humane manner, the firearm of a sufficient calibre to kill a dog quickly and painlessly.”

The Animal Protection Act does allow for a person to kill a dog if they are running at large, attacking, or viciously pursuing a protected animal — typically livestock.

“In this case, with the bylaw, those conditions wouldn’t be met,” Ferguson stated. That’s because the bylaw doesn’t require any malfeasance on the part of the animal for its destruction to be justified, he said.

Ferguson said that the only acceptable form of euthanasia a resident could use would be that administered by a registered veterinarian.

Brian MacKay owns Hanna’s Haven, a non-profit, no-kill dog rescue in Saskatoon. He said there are reasons that a dog might have to be put down, but simply running at large when they aren’t causing any other concerns or presenting a risk isn’t one of them.

“To us, it doesn’t make a lot of sense, because any dog who is on an acreage or a farm is a wanderer,” MacKay said.

So long as a dog is not hurting livestock or threatening a child or another person, MacKay said it should not be the responsibility of a property owner to shoot a dog.

“The dog is being punished for something the owner has not addressed,” he said. “It should go back to the owner of the dog.”

MacKay said there are lots of reasons a dog might be wandering — they might have been dumped (something MacKay said has been exceedingly common since COVID lockdowns ended) or the animal might not have an owner in the first place.

MacKay said friendly farm dogs will regularly make their way onto other properties, and cause no harm.

“Just because a dog walks on your property, I don’t think you have the right to shoot it,” he said.

The only real solution, McKay said, is for owners to take responsibility for the animals they own, whether by keeping an eye on their own animals or keeping it inside the perimeter of their yard with fencing.

Under the Animal Protection Act, Ferguson said residents could face a $25,000 fine and two years in jail for destroying an animal in an improper manner.

But as an enforcement agency, APS does not have any particular view on the bylaw itself.

“We don’t take any stance,” Ferguson said.

Ferguson said he will check whether legal counsel for the RM has reviewed the bylaw to ensure it does not supersede or conflict with other legislation.

Kwiatkowski said the RM did seek legal advice about the bylaw, though he didn’t know exactly when that was done.

A meeting is set for Sept. 8 in the RM, Kwiatkowski said, to address concerns around the bylaw.