---
title: "'Dangerous Dog' Shotta Did Not Die in Vain ✦ Goldwater Droit"
meta:
  "og:description": "How the Shotta case established a five-step protocol to protect dogs declared dangerous in Quebec and advance animal sentience rights under provincial law."
  "og:title": "'Dangerous Dog' Shotta Did Not Die in Vain"
  description: "How the Shotta case established a five-step protocol to protect dogs declared dangerous in Quebec and advance animal sentience rights under provincial law."
---

![Shotta](https://goldwaterdroit.com/_vercel/image?url=%2F_content-assets%2Fblog%2F2024%2F08%2Fdangerous-dog-shotta-did-not-die-in-vain%2Fimages%2Fsystem-shotta.png&w=1536&q=80)

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# 'Dangerous Dog' Shotta Did Not Die in Vain

12 August 2024

9 min read

[Animal & Pet Defence](https://goldwaterdroit.com/en/news-insights?topic=animal-pet-defence) [Constitutional & Appellate](https://goldwaterdroit.com/en/news-insights?topic=constitutional-appellate) [Articles & Analysis](https://goldwaterdroit.com/en/news-insights?category=articles-analysis)

Animals who live among us ― dogs, cats, horses, raccoons, etc. ― are not just property. So says Québec law since the adoption of animal welfare legislation in 2015.

This legal reality is why Goldwater, Dubé, a leader in the practice of family law, is committed to animal welfare and the recognition of animals as sentient beings that are worthy of our compassion, and humane treatment by Québec municipalities that respect the law and best practices.

While advocates have fought for decades in defence of animals, the legal battle to recognize sentience and establish a legislative framework for their protection is still relatively new, especially in Québec. The good news is that despite tragic stories recently in the news, real progress is being made following certain incremental court victories.

#### One Dog's Story

Many Québec dog lovers will surely remember the [tragic story of Shotta](https://toronto.citynews.ca/2019/03/21/montreal-lawyer-challenges-order-to-euthanize-pit-bull-involved-in-attack-2/), the dog who had been left with a temporary guardian in a cramped apartment in Montreal-North. The dog made headlines after biting six people including two children who suffered injuries. It was later discovered that the grandmother caring for children (and the dog) in her home, sold drugs to an undercover policeman.

Goldwater, Dubé senior partner **Me Anne-France Goldwater** argued that municipal procedures contradicted provincial [animal welfare legislation](https://goldwaterdroit.com/fr/services/animal) by declaring that the dog would be euthanized immediately, without an evaluation.

[In her defence of Shotta](https://toronto.citynews.ca/2019/03/21/montreal-lawyer-challenges-order-to-euthanize-pit-bull-involved-in-attack-2/), Me Goldwater argued before Quebec Superior Court that the Montréal bylaw contravened provincial rules which define animals as sentient beings that have biological needs.

Despite having been accepted to a New York State rehabilitation shelter, the dog was ordered [euthanized in 2020](https://www.cbc.ca/news/canada/montreal/court-rejects-lawyer-s-bid-to-save-dangerous-dog-from-euthanasia-1.5072543). The judge in first instance [ruled against Shotta](https://www.cbc.ca/news/canada/montreal/court-rejects-lawyer-s-bid-to-save-dangerous-dog-from-euthanasia-1.5072543). Me Goldwater brought the matter before the Quebec Court of Appeal that established, in a landmark decision, that a municipality _must_ first undertake an expert evaluation of the dangerousness of the dog, which _must_ then be provided to the dog's guardian, who in turn has the right to present a counter-expertise. And it is only then that the Court may validly rule on a request to euthanize an animal, with all the facts in hand.

Unfortunately for Shotta himself, the Court of Appeal was not prepared to extend these protections to him because his guardian had failed to act to invoke her rights within a reasonable delay. Me Goldwater hopes this message will reach the public: "Do not wait until it is too late! The law requires you to act rapidly to save your dog's life, if he is threatened by a euthanasia order."

Shotta, however, did not die in vain, with his plight and the case surrounding it having influenced animal welfare protocols for the better. The population has been sensitized to the fact that they must leash their dogs, ensure they are well socialized, and use a basket muzzle if there is any concern about biting. A dog's life may hang in the balance.

"By challenging the bylaw and arguing that it contradicts provincial statutes on animal cruelty and animal sentience, we are providing the groundwork to prevent further loss of life through the humane and responsible application of [animal welfare laws](https://goldwaterdroit.com/en/services/animal)," said Me Goldwater. "And with hundreds of deer in and around Montréal now facing certain death simply for the crime of existing, the hope is that our hard-fought _Shotta System_ for evaluating a dog's dangerousness will give pause to those in power. We have already established that animals are thinking, feeling beings; we owe it to them to do better."

"As multiple cities debate how to conduct the slaughter of urban deer populations these administrations have neglected to manage for a generation, it is worth reminding municipalities how the law states that humans cannot kill animals for no reason," said Me Goldwater. "This applies to companion animals like dogs, but not wildlife. Municipalities argue that deer are a 'nuisance', but given the availability of relocation and sterilization to manage deer populations, killing them should not even be on the table as an option."

#### The Shotta System

While the firm's founder could not hide her disappointment with the outcome for Shotta, Me Goldwater emphasizes that there is greater care and consideration being given to the process to evaluate potentially dangerous dogs, and less of a tendency to automatically assume that any dog who bites is beyond rehabilitation.

"Since that ruling, I find city employees have, in general, been much more respectful and easier to deal with. Now they're willing to follow the rules, whereas before it was a little bit of a free-for-all. In that respect, I think the Court of Appeal did a tremendous job of reinforcing the core procedures and rules that every municipality must respect before contemplating euthanization. I knew that they were going to put down Shotta, and they did, and it broke my heart. But the next time won't be so easy."

Me Goldwater is urging all Quebec municipalities to take note of the court's instructions on how to deal with dangerous dogs and all companion animals. The _Shotta System_ can be broken down into five distinct steps to ensure the rights of all parties are respected:

**1. You have the right to have your dog evaluated by the city**. You are entitled to participate in the process of evaluation of your dog, and to provide input such as all relevant medical and behavioural history. Be truthful and transparent; if you conceal information that is discovered later, your dog could end up paying the ultimate price.

**2. The evaluation results must be communicated to you**. Next, the municipality must communicate their findings along with any underlying material that supports the evaluation. For instance, if their expert had access to statements made by third parties who allege they were attacked or bitten, then all involved parties are entitled to see that information, and to be able to challenge it. A word to the wise: if you see a photo of an injury caused by your dog, have the wisdom to stop talking or offer restitution (without admitting liability)," advises Me Goldwater, then consult a lawyer of your own.

**3. You have the right to organize your own evaluation with an expert**. If you disagree with the municipality's experts' findings, you must ensure to get your own cross-expertise from a dog behavioural expert with proper credentials. Again, be as candid as possible with your accredited expert so that your report weighing the entirety of your dog's behavioural history will be admissible in court and will be credible to a judge.

**4. You have the right to enter into negotiations with the city to set conditions for the safekeeping of your pet**. Communicate with the designated municipal official to explore options to minimize risk, like accepting that your dog be muzzled when on public property, or installing a fence around private property.

If all previous actions fail to produce an agreement…

**5. You have the right to contest a 'dangerous dog' designation in court**. If there is an unresolvable disagreement between the city and dog's guardian, or between experts, then the matter may proceed to court. By structuring this process, the Quebec Court of Appeal has provided important protections to guardians and their pets; in having to follow these steps, we are ensuring that euthanasia is not undertaken lightly or without valid justification.

Though the scenarios differ, both dangerous dog and deer overpopulation cases will benefit from such animal control processes that withstand judicial rigour and respect the scientific reality of animal sentience.

"Deer, one of the most docile creatures on the face of the planet, are far less complicated than dogs," Me Goldwater added. "Deer may indeed harm ecosystems including your own vegetable garden, but that is not a sin so grave as to justify slaughter. Following a process that does not involve killing as a first recourse is the very least we can do."

#### An Ounce of Prevention

Me Goldwater urges all dog parents to always protect the safety of others through responsible ownership. As she points out, cities must prioritize public safety. When it comes to saving a dog facing a euthanasia order, the guardian's burden is far greater than the municipality's.

"That is the burden of guardianship: responsibility and accountability," said Me Goldwater. "Demonstrate good faith, and that you're willing to do the heavy lifting to save your dog. If you are lazy, disrespectful or contemptuous, then it is your dog who will pay the price. And leave your pride at the door―this is not about your ego, this is about adding years onto the life of a companion who is only with you for a short time to begin with. In court, we are not arguing from a position of great strength because sadly, the courts are not yet prepared to recognize that animals have a right to life."

To avoid negative interactions between dogs and humans, an ounce of prevention is worth a pound of cure.

For dogs that are anxious or have already bitten, using a basket muzzle while in public spaces, especially in the vicinity of children, is one wise precaution. The STM recently launched a pilot project permitting [dogs to ride the Métro](https://www.stm.info/en/info/advice/good-manners-when-using-public-transit/travelling-animals) so long as they adhere to a strict set of rules that includes the wearing of a muzzle at all times. Me Goldwater admits that while no dog loves to wear a muzzle, in this context and for everyone's safety, she is in full agreement with the measure.

"It is better to have your dog be annoyed by a muzzle than be the subject of a euthanasia order by the city that will cost you thousands of dollars in legal and expert fees to contest. Just make sure the muzzle fits him and is comfortable."

_If you believe that your dog has been unfairly classified as dangerous by your municipality, contact [Goldwater Droit](https://goldwaterdroit.com/mailto:info@goldwaterdroit.com)._

_(Photo via ChatGPT)_

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