Unbelievable! It’s Still Not Over for Francesca and Brindi – VIDEO
Last Friday when the news came down that the Nova Scotia Supreme Court ruled in Francesca’s favor and quashed the euthanization order, it was all supposed to be over. Francesca was supposed to be able to see Brindi, she was supposed to be able to take her home.
Well, it looks like Animal control is not done with Francesca and Brindi yet.
On Sunday I got an email from Francesca, this is an excerpt:
I was very happy – for about two hours.
Then there was a bunch of reality moments about the decision and what it does and does not do. My lawyer said it meant what we think; that she cannot be put down. Now the city is circulating the idea that it does not.
IN the meantime, animal control permitted me a visit – but only one visit, for 30 minutes, and I was not allowed to be with Brindi inside a heated building, and it was below zero. And they said that this would be the ONLY visit, “until we know what will be decided about your dog” as if the decision had not been made, and b., as if the decision pending – if that is true – somehow affected my rights to visits, which they have been denying for six months.
As you can imagine, Francesca is at the end of her rope. Months and months of fighting and now when victory should clearly be hers, they refuse to allow the nightmare to be over.
Yesterday it goes from bad to worse;
At 5PM Francesca Rogier was served a summons by Animal Services (HRM ) and being charged with 3 counts under A-300. Allegedly failing to comply with a muzzle order, Brindi running at large, and allegedly attacking another dog. The city has said that they WILL NOT release Brindi unless Francesca gets a court order ordering them to; the city states that they still deem Brindi as a dangerous dog. Apparently there was ONE day left before the statute of limitations was up (6 months?) and they did the deed at 5PM today!!!!!!!
Tim Hamm as well as another young A/C officer was with him as well, as Police officers on scene in a squad car! David Hendsbee, her councillor (deputy mayor of her distict) is APPALLED THAT THIS WAS DONE and is on the phone right away. The media has been contacted, some messages had to be left and David Hendsbee says that “you take on City Hall and this is the type of knee jerk reactions you get…” Bullying and intimidation tactics! David Hendsbee supports Francesca and will be voicing that opinion. This is bordering on HARASSMENT and it needs to stop.
I received the above from someone who has been working closely with Francesca through all of this. Through all sources possible the word needs to get out what HRM is doing to railroad and harass Francesca.
Last Friday, Deputy Mayor David Hendsbee, whose district includes Ms. Rogier’s home, said he congratulated her on her “excellent” legal victory. He said he has met Brindi and found the mixed-breed pooch to be a good, docile pet.
“I hope the municipality doesn’t bother with any appeal,” said Mr. Hendsbee, the veteran councillor for Preston-Lawrencetown-Chezzetcook. “They should learn from this exercise and improve upon the animal control bylaw.”
And to make this all worse, Francesca is in very rough shape. I don’t know if any of you have noticed from her pictures but she has lost so much weight it is almost scary. She lives in a house with no heat or water. She has poured all her heart and resources into her fight to get Brindi back and now she still is not able to.
I am stunned and angry!!
Please, we need to get the word out and get some calls and emails done.
Contact Halifax Animal Services – HERE
or call – (902) 490 1791
Contact the Halifax Mayor – Peter Kelly – Here
or call – (902) 490 4010
Visit Francesca’s blog, Free Brindi, and leave some support. Be sure to read about her visit with Brindi, the first time she got to see her baby since June 24. Visit her Facebook Group. I believe Francesca’s computer is dead so she is only able to get on the internet when she can use someone else’s. There are a lot of details there, obviously more than I can include here.
The funny thing is, this is exactly what should have happened six months ago, charges laid, a court date set and then an ending. To do this at this point is nothing more than harassment. HRM is pissed off and they are striking back.
There seems to be some question of what the order that was handed down really means; does it mean just that Brindi won’t be euthanized or does it mean she is free. There’s a lot of legalese but it does say that the order is quashed.
See Summary below from court ordered decision
This is an explanation from Francesca:
People who are not lawyers seem to have read it and come to false conclusions. The order was followed through. Basically, the thing is that Brindi is illegally seized property. The quashing of one section of the by-law showed that everything done to take her was illegal. There is no need for any further order in the decision to specifically give her back since she was not legally taken in the first place.
If you prove the government takes your property illegally, you automatically get it back. That’s basically the deal here. People are just unfamiliar with the idea of quashing by-laws, I guess, as a way to get a dog back!!! It circumvents That’s what is so COOL about what we did. It was an excellent thing, really, and I wonder if everybody gets it. But it creates enemies- those AC officers LIKED having the power to kill dogs at will. So they are pressuring the city.
The city signed off on the court decision, and at present, at least, it is not appealing it. However, at the same time it is not willing to comply with the order, i.e. returning BRindi, by jumping to another reason to hang on to Brindi using the same events. Legally they should not be holding on to her while they figure out new things to do. But they got her long enough to serve me the summons, using the weekend to stave off actions by us.
And as for the “costs” that are awarded in the summary:
I should add that I was shocked to learn that although the Supreme Court awarded me “costs”, the usual amount paid out is $2,000! We are now over $30,000.
I do have the full 55 page decision if you are really interested in reading it as it is a public document. Like any legal decision, you have to wonder whether to read the lines or between the lines. I guess at this point the thing is that the Nova Scotia Supreme Court and HRM (Halifax Regional Municipality) is not abiding by it. They are grasping at straws and like bullies, using whatever power they have to continue to make life hell for Fran.
Y’know, I’ve seen and read a lot of comments regarding this on different news sources and websites and there are many people saying alot of cruel things, people who read a little story, who haven’t been following this for months, people who don’t “know” Fran, who haven’t seen her love and dedication. Yes, Brindi did get out and there were altercations with other dogs on several occasions. None of them were serious. True, they should not have happened and Fran has taken care of making sure that they won’t by erecting a fence around her property. She also had Brindi in training.
This whole thing has gone so much beyond just Brindi and Francesca. It is also about a bad law. It would be like locking you up without charging you or allowing you a chance to plead your case or go to court. They grab you, throw you in a cage, one person determines your guilt based on whatever, then you are just summarily executed.
And now because a judge told HRM they were wrong, they are going to “get” Brindi and Fran any way they can.
If I am angry and frustrated over this and I am just one the “sidelines,” imagine how Fran is doing….
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