Do we have a Dog Bite Problem in Ontario?

A Montreal Globe and Mail article suggested that “Dog attacks are a public health issue, and should be treated like one”.  The article was written after the tragic death of a Montreal woman who was attacked and killed in her own backyard by a dog alleged to be a pit-bull breed.  Although the issue of whether pit-bull breeds should be banned throughout Quebec is currently receiving much controversy, pit-bull breeds are currently legal in that province, unlike Ontario.  In this province, pit-bull breeds have been banned since 2005 under the Dog Owners’ Liability Act (with the exception of dogs already living in the province). The Act defines the liability of dog owners for the actions of their pets and also, the types of pit-bull breeds that are banned.  Ontario public health measures aimed at keeping the public safe generally include leashing and muzzling dogs, neutering pets, and holding owners responsible for injury to other people or their pets.

This recent and much-publicized debate over dog attacks has re-introduced the issue of whether specific breeds are more prone to attack and injure people, than are other breeds.  Many animal rights organizations and dog shelters, including the Society for the Prevention of Cruelty to Animals (SPCA), are in opposition to banning specific breeds.  These groups argue that it is the behaviour of dogs that should be targeted, not the type of dog.  One flaw in that approach, as suggested by the Globe and Mail writer on June 19th is that it allows dogs to have a free pass, in terms of their first bite or attack on a person, which in the case of the Montreal woman resulted in her death.

Are dog attacks really a problem in Ontario? 

Pit-bull breeds have been banned for over 10 years in Ontario; however, a Global News report recently revealed that injuries from dog attacks are nevertheless on the rise in this province.  Certainly, bites from the four pit-bull breeds named in the Act (pit bull terriers, American Staffordshire terriers, Staffordshire bull terriers and American pit bull terriers) were almost entirely stopped. Since 2005, these breeds can no longer be imported and existing dogs needed to be sterilized, and muzzled or leashed at all times while in public.  This means that any pit-bulls left in the province are elderly and will soon no longer exist, except for the occasional dog that illegally finds its way into the province.

Despite the disappearance of pit-bulls, reported dog bites in Toronto have been rising and in 2013 and 2014, they reached the highest recorded levels (Global News, Feb 2016).  Critics suggests that it was a mistake to ban specific breeds rather than adopt an approach that focuses on educating dog owners and children, in addition to enforcement, such as was adopted in Calgary where dog bites have significantly dropped since the 1980’s. 

In 2014, bites from German Shepherds were most reported, with Labrador retrievers, Jack Russel Terriers, Rottweilers, Boxers and American Bulldogs following next in order of frequency.  However, these numbers don’t reflect the incidence of bites per dog, considering how many of each breed exist in the city.   In any case, the inconsistency in recording dog bites in Ontario makes it difficult to draw conclusions. Dog bites may be reported to public health, animal services, a bylaw officer, the police, or not at all.  If the victim of a dog bite goes to their doctor, then the incident is reported to public health.  If you call animal services or press charges against the dog’s owner, the incident is reported by animal services. If you go to your doctor and report the bite to animal services, then both incidents get recorded.   

According to the Canadian Veterinary Journal, one or two Canadians, on average are killed due to dog attacks.  Sled dogs and mixed-breed dogs are responsible for the highest proportion of fatalities, and fatalities tend to occur more often in rural communities, particularly on reserves, where free-roaming dog packs are more common.  Far more children are fatally injured by dogs in Canada, than are adults. There is a belief that, irrespective of breed, where multiple dogs are left without supervision, either by homeowners or as strays, the packing instinct, once an aggressive act is initiated by even one dog, creates a situation where the other dogs join in and the violence escalates.   

The key to reducing the likelihood that your dog will bite or hurt another person is largely influenced by your actions as a responsible dog owner. A dog that is treated with kindness, trained, exercised and kept properly leashed in public places is highly unlikely to bite another person.   Practicing caution around unfamiliar dogs also reduces the risk of dog bites, and children, in particular need to be taught how to act around dogs.  Key behaviours that reduce the risk of being bitten include: always ask a dog owner if it’s safe to approach their dog (both for humans and your own dog); hold out your hand palm-upward for a dog to smell before petting a dog (that the owner says is friendly); and never runaway from a dog that appears aggressive – back away slowly. And if you are bitten by a dog, go to a doctor to ensure the bite doesn’t become infected and get a rabies shot if you are not certain that the dog has a current rabies vaccination.  

If you are bitten or attacked by a dog, you may be entitled to compensation.  Getting the dog owner’s information, including their name and address, is always a good idea when you are bitten.  This ensures that you can find out about the dog’s vaccination history, and the incident can be reported to local authorities.   Although you may be reluctant to report a bite from a neighbour’s or friend’s dog, reporting the incident ensures that a dog with a history of biting is properly controlled by muzzling, or put down in serious cases. 

You have the option of suing the dog owner if you were injured, both for physical injuries and psychological injuries.  Also, as the victim of a dog bite, you may be covered for compensation under your home insurance policy, which means you don’t have to deal with the dog owner.  If you have insurance coverage for dog bites, you can claim for injuries resulting a dog attack where the dog owner is unknown.   Whatever decision is made with regards to reporting the incident or seeking compensation in the aftermath of a dog bite or attack, it’s always a good idea to take a picture of your injury and the scene of the incident, so that this evidence is retained if you decide to go ahead with a claim.  If you are considering suing the ‘at fault’ owner for your injuries and losses, call a knowledgeable personal injury lawyer to find out about your legal rights and options, given the circumstances of your case. 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2387261/
http://www.theglobeandmail.com/opinion/columnists/dog-attacks-are-a-public-health-issue-and-should-be-treated-as-one/article30516631/
http://globalnews.ca/news/2527882/torontos-pit-bulls-are-almost-gone-so-why-are-there-more-dog-bites-than-ever/