Kelowna

Dave Smith, along with a group of supporters, gathered outside of RDCO Dog Pound to visit with the dog that the District has taken from him.

After nearly two years behind bars, a Supreme Court Judge has stayed the euthanasia order against the dog but has ordered that a new home be found for him.

Photo: Contributed - Ricardo Mendes

Dave Smith shares a treat with Diesel at the RDCO Dog Pound.

"(The judge) found him dangerous under the Charter,” said Smith.

“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 with Smith.

"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)," says Smith about proving he is a responsible dog owner.

“They were malicious tickets in my mind, I went to court, I fought them, and the regional district did not win any of those tickets.  And yet the Supreme Court judge and the Provincial Court judge both found that those tickets were evidence of my failure to control Diesel.”

“They’ve not been given a fair deal,” said Helen Schiele, a Diesel supporter.

She wasn’t the only one to show up to support Smith and Diesel, and not the only one who feels they’ve been treated unfairly.

None of this had to happen,” said Karen Stiewe, “if the regional district had simply issued a dangerous dog ticket.”

 “I am sad that Diesel doesn’t get to come home to me,” said Smith.

“I fought because I believe that diesel is innocent.  He’s a great dog; hopefully a great owner will get great enjoyment from him as I have.”