The Huggins Appeal
On October 26, 2010, Philip Razac Huggins and his dog Ginger, an eight-year-old mixed breed dog, will return to court. It may be the last time they go anywhere together.
Ginger and her devoted owner are the victims of an attack, first by another dog, and now by the City of Toronto.
On November 29, 2005, while Mr. Huggins’ mother, Ms. Razac, was walking Ginger, leashed and muzzled, in a Toronto park, Ginger was savagely attacked by an unleashed dog.
The attack on Ginger was so fierce that Ginger’s muzzle was torn off. Both Ms. Razac and Ginger were severely and permanently injured.
The attacking dog’s owner walked away with minimal consequences. Ginger, the victim, wasn’t so lucky. Her ordeal continued when The City of Toronto Animal Control Officers seized her from her home without warrant or the consent of her owner.
Within hours, a destruction order was placed on Ginger’s life while Mr. Huggins was charged with three counts under the Dog Owners Liability Act. Prosecutors attempted to strike a deal with Mr. Huggins, offering to drop all charges if he handed over Ginger to be killed. Mr. Huggins would have nothing to do with the deal and said he would fight to the end. And he has.
Ginger spent 3.5 years incarcerated simply for defending herself and Ms. Razac.
As a result of the charges and the battle in court, Phillip lost his job, ended up on welfare and now suffers with depression.
Clayton Ruby, an established Human Rights lawyer, took over the case. He knew the City of Toronto was wrongfully holding Ginger. Within days, Mr. Ruby went before a judge and Ginger was released back to her loving home.
Despite a ruling, which allowed Ginger to be free, the City of Toronto was granted an appeal on the ruling. Mr. Huggins is yet again scheduled to appear in court again on October 26, 2010 at The Court of Appeals for Ontario. Ginger is still at risk of being separated from her loving family or of losing her life.
The legal challenge put forth by the Banned Aid Coalition cannot be re-tried.
As part of the Remedy, if the Appellate Court did not uphold JusticeHogan’s Ruling, Clayton Ruby and Breese asked to send the Ginger caseback to the lower court for a new ruling based on evidentiary issues.
The remedy put forth by the City of Toronto and the Province of Ontarioas interveners is that the legislation is quite clear in it’s interpretation, Ginger must be euthanized.
If the Appellate Court agrees with Clay , they can uphold Justice Hogan’s ruling or send it back to a lower court.
In the event that Gingers case is sent back to the lower court and wins, the City of Toronto, may appeal the lower courts decision.
Therefore it is entirely possible at that time, that ‘new’ constitutional issues can be raised based on the ruling of the lower court.
At this time the Appellate Court of Ontario has reserved judgement.
While Ginger did not appear outside the court but she did get to meet and greet quite a few of her fans and followers…she is fine.
The DLCC will keep you informed as soon as possible. Stay tuned and hang on !
April 25, 2010 UPDATE. On November 29, 2005, Phillip Razac Huggins’ mother was walking Ginger, leashed and muzzled, in a Toronto park. An unleashed dog named Buddy came running towards Ginger and Miss Razac, attacking Ginger. Buddy tore off Ginger’s muzzle. Both dogs suffered minor injuries. Ginger suffered permanent damage to the bottom of her left eye. Miss Razac also suffered bite injuries caused by Buddy. While Phillip was at work, City of Toronto Animal Control Officers seized Ginger from Miss Razac without a warrant or consent. Ginger was seized from Miss Razac, not Phillip Razac Huggins who is Ginger’s owner. After the seizure, Toronto Animal Control failed to provide any paperwork indicating the whereabouts of Ginger.
Read the rest of the story HERE.
January 30, 2010. Two Brampton boxer-mixes seized from family homes as “pit bulls”. Read the whole story and then do something. All the Brampton city council contact information is on the same page as the story.
November 18, 2009. Cheri Di Novo (MPP for Parkdale) has tabled a private member’s bill (Bill 222) at Queens Park. The bill is aimed at removing the breed specific part that is currently in Ontario’s Dog Owner’s Liability Act. Please visit the Support Cheri Di Novo Facebook page.
Did you know that if you place a conformation ad at canuckdogs.com, 100% of the proceeds goes to the DLCC? Read more here