Feb 15, 2013 / 1:50 pm
After nearly two years behind bars at the RDCO dog control facility, the fate of 'Diesel' has been decided.
Diesel's owner Dave Smith contacted Castanet to say a Supreme Court Judge has stayed the euthanasia order against the dog.
"He found him dangerous under the Charter, but he has found that conditional orders are allowed, but he has not allowed Diesel to return to me."
Smith says the RDCO has been given seven days to put together potential adopters, which will be discussed next Friday during a telephone conference which Smith will be a part of.
Saddened by the news Diesel will not be returned to him, Smith says the decision is also a 'massive loss' for the RDCO.
"The argument has been in the past by all Regional Districts, that conditional orders are not allowed and this judge has reviewed that, as it was part of the appeal. He has said they are the law," explains Smith.
"So even if a dog is declared dangerous under the Charter they can still be conditionally released."
Smith sees the judge's decisions regarding conditional releases as a 'huge positive' for dogs in the province, which Regional Districts will have to abide by.
The Judge did agree with the RDCO's argument that Smith was an irresponsible dog owner.
Smith, who's owned several dogs in his life time, says that assessment is not true.
"Because of the number of tickets that were written (against me), even though I successfully disputed them in court, those formed the basis for (the decision), I guess I should have done more than I did," Smith says about proving he is a responsible dog owner.
He still stands firm that Diesel is not guilty of attacking another dog for which he is accused of.
Ironically the RDCO made an offer to Smith this time last year to release Diesel into his care under certain conditions. Smith made a counter offer, for which the RDCO did not respond.
The RDCO made a second, non-negotiable, offer in December stating Diesel be transferred to a new owner through an anonymous adoption by a dog rescue agency approved by the RDCO, and not be released back to Smith.
Almost the exact decision made by the Supreme Court of Appeal Judge.
The good news is Diesel will be released and get to live out his dog days, just not in the hands of Smith.
"He is a good dog," Smith sighed.
The RDCO was not available for comment at the time this story was prepared.
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