2 Island women seeking tougher law after attacks by loose dogs

Two Island woman are calling for toughened legislation after they were both attacked by loose dogs. 

They want to see changes to the Dog Act, a piece of provincial legislation that prohibits dogs from running at large and outlines penalties for dog owners. 

Kim Bailey, who was bitten by an off-leash dog while walking at Strathgartney Provincial Park last week, says the act is "outdated." Dogs are required to be on a leash in the park.

"There's been a huge outrage, a huge reach out to have things change," she says, adding that she'd like to see changes made by the legislature "so that individuals have the ability to walk public trails knowing that they're safe and that they don't have to fear for their lives, really."

'We couldn't go anywhere'

Bailey is a frequent user of the trails at Strathgartney, going out nearly every day, often by herself. She was walking with a friend last Friday when four large dogs came over a hill and ran toward them with no owner in sight.

Two of the dogs, which Bailey believes were German shepherds, got aggressive and were forcing the two women into the brush and off the trail.

"We couldn't go anywhere; they would leave and come back," she said.

Bailey said the owner of the dogs appeared after about 30 seconds, and the women urged the owner to call the dogs back, but the owner was unable to gain control of the dogs.

"I was just in panic mode," Bailey said. "It was terrifying." 

One of the dogs bit Bailey on her arm before the owner left the scene with the dogs. 

The women called 911 and an RCMP officer came out immediately. 

Bailey then went to the hospital emergency room, where she was put on a course of penicillin, given a tetanus shot and told to watch her wounds. 

The P.E.I. Humane Society said it knows about Bailey's case and is awaiting further instructions from the RCMP, who are still investigating the incident.

The Dog Act

P.E.I.'s Dog Act was last updated in 2017. Currently the act outlines the process by which every Islander must license their dog by June 1 of each year, and also has sections on dogs at large and dangerous dogs. 

Dog bites and attacks can be pursued in provincial court under the act, but the process must be started by a peace or enforcement officer.

The P.E.I. Humane Society said the act has some limitations — particularly with regard to municipalities where there is no relevant bylaw or anyone to enforce it.  

"We have had open discussions about it before, but it's quite a big undertaking and there's lots of consulting to be done," said Jennifer Harkness with the P.E.I. Humane Society.

"Certainly there could be some changes there, and we're willing to work with the department on that."

Opposition Leader Peter Bevan-Baker also raised the issue in the most recent sitting of the legislature, saying one of his constituents was attacked by the same dog twice in one year.

The humane society works with the province to enforce the Dog Act and the Animal Welfare Act, but Harkness said there would be challenges if they were given the responsibility to handle enforcement province-wide. 

"At this time, we don't have the capacity ... we'd need more funding, we'd need more officers, we'd need more vehicles," she said. "It's a big conversation."

She said the society is seeing an increase in dog bites this year. In 2019, it investigated 46 incidents, but has already investigated 40 incidents so far in 2020.

Under the Dog Act, the provincial court can order that a dangerous dog be neutered or spayed, that the owner takes measures to gain more effective control of the dog, or that the dog be put down.

Bailey said she does not want to see the dog that attacked her put down, but wants measures taken to improve public safety.

Attack on St. Peter's Road

Isabelle Legault feels the same. She was walking her small dog on St. Peter's Road in Charlottetown on July 6 when a dog, which she also believed to be a German shepherd, dashed across a parking lot and the highway in busy traffic, toward her and her dog.

She instinctively picked up her dog and started screaming as the dog attacked her.

Drivers stopped and got out of their cars to help get the dog away from her. Legault was bitten on her arm and hand, with a tendon being damaged. She's now going to physiotherapy.

"I've never been scared of dogs before, and I've never been scared to go out for a walk before, but now I question it. I think the bylaw needs to be stronger," she said, adding that she has reached out to MLAs and councillors on the issue. 

"It's unfair … that these things happen, sometimes on our own property. It happens while we're walking, we're hiking … or on a bicycle." 

The humane society said it's also aware of this case and is working with the owner to ensure it does not happen again.

"It was a larger breed dog, but the dog was a bit younger," said Harkness. "We do believe that it could be an isolated incident."

'Heartsick' over the fear

Legault said her dog was also quite shaken by the encounter, is now very protective and will not leave her side.

"I haven't gone for a walk yet, but I will get back," she said.

"I went out last night to walk and you just have to go and work through that fear because you can't allow something like that to take away the things that are given to people living on P.E.I.," said Bailey.

"They're beautiful trails, and I'm heartsick that a lot of people are saying now that they're not wanting to go out and walk because they're scared."

Bailey said it's very important that resources like public spaces and trails are safe to use for the sake of good mental and physical health, especially throughout the pandemic. 

"Reach out to your MLAs, bring attention to the topic, because we have a right to walk those beautiful provincial trails."

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