Ontario's tight new restrictions on pit bulls will have their first major court test Monday from a dog owner who says the law is unconstitutional and vague.
Ontario Attorney General Michael Bryant has called pit bulls "ticking time bombs." (CBC)
INDEPTH: Banning the breed
Catherine Cochrane, who owns a pit bull-type dog named Chess, is the first person to challenge the controversial provincial legislation that took effect last summer.
"I think there are lots of dogs capable of biting people and I don't think this [law] does anything to prevent that at all," Cochrane told CBC News over the weekend.
FROM OCT. 15, 2004: Ontario moves to ban pit bulls
"I don't think it promotes responsible dog ownership. I don't think it addresses the problem in any meaningful way."
Lawyer Clayton Ruby will argue in Superior Court that the vast majority of pit bulls are just like Chess – friendly, loving animals. He will try to convince the court that legally characterizing all pit bulls as dangerous is overly broad, vague and unconstitutional.
"Bad dogs are made by bad people," Ruby said outside of court. "There are some people who really want angry vicious dogs and if you ban them from possessing pit bulls they will move on to Rottweilers and then they'll move to [German]shepherds and they'll move to Huskies and there's no end to this list.
"This legislation cannot work," he said. It will not protect."
Cochrane figured Chess was the perfect dog to challenge what she considers a bad law.
"I thought she would put a good face to it," Cochrane said. "She's a cute, well-behaved dog and we needed that. We are just one example of lots of pit bull owners."
Chess can't chase balls or play with other dogs in the park now because Cochrane is legally bound to keep her leashed and muzzled anytime the dog is outdoors. Penalties for breaking the law include a fine of up to $10,000 and jail time.
"Primarily, I would say the quality of life for me and my dog is greatly diminished [by the law]," Cochrane said.
Attorney General Michael Bryant, who called the animals "ticking time bombs" when he brought in the legislation, said last week he was confident the law would survive a court challenge.