City of Montreal can appeal judgment on pit bulls, Quebec's top court rules

The City of Montreal has been granted permission to appeal a lower court ruling that suspended its controversial pit bull restrictions.

Quebec's top court will allow the city to present arguments Nov. 25.

The city wants to overturn a Quebec Superior Court ruling that suspended several pit bull-related provisions of its animal control bylaw that came into effect Oct. 3.

According to the SPCA's lawyer, Sophie Gaillard, the organization is disappointed, but not surprised by the decision. 

Gaillard said that the important thing is that the "problematic parts of the bylaw continue to be suspended" until Nov. 25.

"If they get the appeal Nov. 25 we could theoretically appeal that to the Supreme Court of Canada," Gaillard said.

"Whether we would do that is a whole other story. But theoretically that would be a possibility."

The SPCA's Montreal branch argued successfully that a stay was necessary until future arguments can be heard about the bylaw.

Mayor Denis Coderre's administration wants to see those rules to go ahead despite a legal challenge to its law.

It says the new rules were designed with public safety in mind and would have prohibited new pit bulls in Montreal while placing severe restrictions on those already living there.

The SPCA contends the bylaw is discriminatory, unreasonable and penalizes all pit bulls regardless of their behaviour.

According to Gaillard it could take six months to a year before the SPCA gets a hearing on the merits of the bylaw.