The City of Nanaimo unsuccessfully attempted to have a black German Shepherd named Macey put down. The dog has lived at the Nanaimo pound for more than 15-months after it was seized for a trio of minor biting incidents. (Michael Aubie)

By Ian Holmes

DOG SPARED

Nanaimo judge spares life of animal at centre of dangerous dog trial

Nov 26, 2019 | 4:06 PM

NANAIMO — A nearly three-year-old black German Shepherd will not be put down in response to biting multiple visitors to its Nanaimo home.

The decision by Judge Brian Harvey followed a six-day trial initiated by the City of Nanaimo against dog owner and Wakesiah Ave. resident Michael Aubie.

The City unsuccessfully argued euthanizing the animal (Macey) was in the best interest of public safety.

All three incidents involved people unfamiliar with the animal, while nobody was seriously hurt, court was told.

“It is common knowledge that dogs are particularly known to be territorial with respect to their surroundings,” Judge Harvey said during his Tuesday, Nov 26 decision. “There’s not a shred of evidence to suggest Macey has bitten another human or animal outside of its own territory.”

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Judge Harvey outlined the incidents beginning with the initial Nov 15, 2017 encounter involving a social worker visiting Aubie’s home. The woman was heading upstairs when she was bit on the right arm, which caused bruising.

She did not seek medical treatment.

A dog trainer paid Macey a visit on Feb 14, 2018, which accounted for the most serious incident. Court was told the trainer sensed Macey was nervous, fearful and protecting its home.

Macey was put in her crate, then released at the trainer’s request. Macey bit the woman on the upper right thigh and buttock area. Her skin was punctured, a large bruise formed and she was given antibiotics after a visit to a walk-in clinic.

On April 7, 2018 a boy was nipped on the arm by the dog while visiting for a birthday party. He did not require medical attention.

Judge Harvey took issue with multiple witnesses who testified on behalf of the City during the recent trial, including Duncan based dog trainer Lisbeth Plant.

She assessed Macey at the Nanaimo Animal Control Services pound on Nanaimo Lakes Rd.

Judge Harvey referenced Plant’s testimony of her hearing gunshots at the facility, agreeing those noises would impact the dog’s fearful nature.

“Her opinion on Macey’s fear and territorial aggression was purely speculative. In my view the testing of Macey was done in a completely stressful environment,” Judge Harvey said.

The Judge added Plant had very little information on Macey’s history.

Nanaimo Animal Control Services staff member Amber Knapman testified she didn’t believe Macey should be released back into the public because of the dog’s continued fear of strangers.

Judge Harvey questioned Knapman’s credentials during his half-hour ruling.

“She has no formal training in dog behaviour nor is she a trainer. Ms. Knapman is simply in charge of looking after Macey on a day-to-day basis.”

Judge Harvey said while he has concerns about Macey’s future behaviour, the facts didn’t present an unacceptable risk to the pubic of Macey seriously injuring or killing a human.

Two of the three incidents were minor, there were time lapses between them, and Macey was impounded four months after the last encounter, Judge Harvey noted.

Following the decision, a relieved Michael Aubie told NanaimoNewsNOW he plans to transition Macey back into his home with the help of a dog trainer.

“He’s going to come with me to pick up Macey and he’ll take her for however long he feels that she needs because she’s been isolated and not socialized for a year-and-a-half,” Aubie said, who was self-represented during the trial.

City lawyer Jarrett Plonka said court trials to decide the fate of a dangerous animal in Nanaimo are rare.

He said the vast majority of dangerous dog cases are resolved voluntarily. He said owners either surrender the animal or take action to mitigate the threatening behaviour.

“I expect that if there were another incident involving Macey that would be looked at quite closely,” Plonka said.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes