An East Chezzetcook woman, who has fought the municipality for years over her aggressive dog Brindi, has lost her most recent appeal.
On Friday, a Nova Scotia Supreme Court justice upheld Francesca Rogier’s most recent convictions for violating Halifax Regional Municipality’s animal control bylaws.
Two years ago, Rogier was fined $600 and lost ownership of her dog after being found guilty of allowing Brindi to run at large, failing to comply with a muzzle order and owning a dog that attacks an animal.
The charges stemmed from a 2010 incident when Brindi jumped out of car in Rogier’s driveway and attacked and bit a dog walking by with its owners on the street.
Rogier had argued the city’s charter was unconstitutional, the trial judge had erred by not considering Rogier’s defence of a mistake of fact, that the guilty of all charges ruling was unreasonable and the sentence too was unreasonable.
But in a written decision Justice Nick Scaravelli rejected all of Rogier’s arguments.
Brindi has been kenneled since Rogier filed her appeal in August 2012, Scaravelli said.
The proceeding has been delayed several times due in great part to “the failure of the appellant to process the appeal in a timely maner,” he wrote.
Rogier has been fighting the municipality for years.
Brindi was first picked up by animal control officers in 2008 when she attacked another dog. At that time she was ordered euthanized. But Rogier fought through two courts and Brindi was returned to her with conditions that included keeping the dog muzzled in public, fencing her yard and having the dog trained.
The second attack happened just two months after Rogier got her dog back.
Meanwhile, Brindi has spent more than half of her life behind bars.
When Rogier was sentenced in June in 2012, Judge Flora Buchan gave Brindi a chance at normal life, ordering the city to take over responsibility for the dog, and to have her assessed as to the ability of the dog to be adopted or fostered to responsible people. In the case of ill health or a suitable adoptive or foster home not being found, the city has the right to euthanize the dog.