WHEREAS the Stray Animals Act, being Chapter S23 of the Revised Statutes of Alberta, allows for the protection of livestock from attack or harassment by dogs;AND WHEREAS the Dangerous Dogs Act, being Chapter D3 of the Revised Statutes of Alberta, does not take into consideration any immediate action that may be required to protect individuals from being attacked or harmed by a dangerous dog;AND WHEREAS the Criminal Code of Canada does not address attacks on humans by dogs;AND WHEREAS a peace officer or member of the Royal Canadian Mounted Police cannot take immediate steps to ensure that a dog that has bitten or attacked a human is destroyed, impounded or confined and that the owner or person in charge of the offending dog may be charged and brought before a justice;

THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties urge the provincial government to amend the Dangerous Dogs Act to allow a peace officer or a member of the Royal Canadian Mounted Police to take immediate steps that may include the destruction of the dog to protect the public from reoccurrence of an attack by a dog and allow for the owner of a dog that has bitten or attacked a human to be prosecuted and fined.

Lac Ste. Anne County has recently been involved with two serious incidents whereby dogs have attacked humans. The humans were seriously injured in both incidents and the evidence produced was sufficient to determine the specific dog that attacked.Under current legislation, a justice may take cognizance of a complaint that a dog has bitten or attempted to bite a person and if it appears to the justice that the dog ought to be destroyed, he shall direct a peace officer to destroy it. This procedure may take up to ten (10) weeks with no immediate requirement for the dog owner to take any action with respect to keeping the dog in a proper way or to destroy the dog.This resolution suggests that a peace officer or a member of the Royal Canadian Mounted Police be authorized to take immediate steps to protect the public from reoccurrence of an attack by a dog, steps that could include proper containment of the dog, or in serious situations, destruction of the dog. In addition, authorization is suggested for a Peace Officer or a member of the Royal Canadian Mounted Police to issue Provincial fines to the dog owner. A copy of the Current Dangerous Dogs Act follows for reference.Dangerous Dogs Act, Chapter D-3HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:Complaint as to bite1 A justice may take cognizance of a complaint that a dog has bitten or attempted to bite a person and if it appears to the justice that the dog ought to be destroyed, he shall direct a peace officer to destroy it. RSA 1970 c84 s2Complaint as to dangerous dog2(1) A justice may take cognizance of a complaint that a dog is dangerous and not kept under proper control and if appears to the justice that the dog is dangerous, he may make an order in a summary way directing the dog to be kept by the owner in a proper way or to be destroyed.(2) A person who fails to comply with an order under this section is guilty of an offence and liable to a fine of not more than $5 for each day during which he fails to comply with the order. RSA 1970 c84 s3Presumption of ownership3(1) The occupier of a house or premises where a dog was kept or permitted to live or remain at the time of a complaint shall be presumed to be the owner of the dog unless he proves that he was not the owner of the dog at the time.(2) When there are more occupiers than one of a house or premises let in separate apartments or lodgings, or otherwise, the occupier of that particular part of the house or premises in which a dog was kept or permitted to live or remain at the time of a complaint shall be presumed to be the owner of the dog unless he proves that he was not the owner of the dog at the time. RSA 1970 c84 s4

The AAMDC currently has no resolutions in effect in this area.