Since time immemorial the Wabaseemoong Independent Nations have exercised and asserted their Inherent and Indigenous Rights to Self-government which are recognized and affirmed by the Great Law of Kitchi Manito. In addition, Articles 34 and 35 of the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act (1982), Schedule B to the Canada Act 1982 (UK), as well as, treaty rights deriving and which are also protected by Treaty Number Three, October 3rd, 1873 and understood by the fluent Anishinaabe Nation elders and other knowledge keepers.
The Wabaseemoong Independent Nations also have the authority and capacity to enact by-laws via band council resolution for the management, protection and safety of its band members under section 81 of the Indian Act.
The members of Wabaseemoong Independent Nations have a deep and abiding respect of Kitchi Manito’s Natural Laws and a great sense of responsibility and obligation in the stewardship of Manito Aki. The Anishinaabeg of Wabaseemoong continue to maintain their long-standing traditional and spiritual relationship and connection with wild and domesticated animals, in particular, “animoog” (Dogs), and hold such beings in the highest regard and as such strives to ensure that matters related to such creatures whom they have shared the “Manito Aki” (earth) since time immemorial be carried out in a conscientious, respectful, kind and responsible manner.
The Wabaseemoong Independent Nations deems it expedient and in the best interests of the Wabaseemoong Independent Nations members to make a Dog/Pet Animal Control By-law for the purpose of management and control of these sacred Animoog and other domesticated animals for the health and safety of its members and residents, as well as, the dogs/pet animals of the Wabaseemoong Independent Nations.
Whereas the Chief and Council of Wabaseemoong Independent Nations are the duly elected government of the Wabaseemoong Independent Nations and have a mandate for the responsible management of their bands financial administration, management and delivery of all programs and services, as well as, the wellbeing and safety of all its community members and animals;
Whereas Section 81 (1) paragraph 1, (d), (e), (q), (r) of the Indian Act empowers Chief and Council of a First Nation to pass by-laws to provide for the good health and safety of its residents on the reserve, the prevention of trespass by domestic and wild animals, matters arising out of or ancillary to the exercise of powers under this section and the imposition of a penalty for violation of any such by-laws and;
Whereas the Chief and Council of Wabaseemoong Independent Nations have periodically received complaints about nuisance dogs and vicious dog attacks on people, on other domestic animals, including chasing vehicles which poses a danger to themselves and the drivers; and
Whereas the Chief and Council of Wabaseemoong Independent Nations have thus determined that the uncontrolled ownership, breeding and running at large of these dogs is detrimental to the health, safety and wellbeing of its community members and;
And Whereas the Wabaseemoong Independent Nation asserts its inherent sovereign jurisdiction which originates and is guided by Manito, its collective of community members, its traditional laws, traditional governance systems, teachings, treaty and indigenous rights and as a natural corollary thereof, hereby exercises its powers of self-government and self-determination as recognized and affirmed by UNDRIP and section 35 of the Constitution Act 1982 and;
Now Therefore be it finally resolved that, the Wabaseemoong Independent Nations Chief and Council enacts the following by-law,
(a) “Council” means the duly elected Chief and Council of the Wabaseemoong Independent Nations band number 29, located within the Wabaseemoong Independent Nations Traditional Land Use Area, the Treaty Three Territory, the Province of Ontario and Canada;
(b) “Animoosh” or “Dog” means any domesticated canine, male or female, over the age of two (2) months and includes a cross between a dog and a wolf;
(c) “Pet Animal” means any other type of pets such as cats, rodents, snakes, birds and includes any wild animals adopted by Wabaseemoong Independent Nations members as pets from time to time;
(d) “Dog/Animal Control Officer” or any such a person designated by Chief and Council;
(e) “Dog/Animal Registry” means the registry kept by the Dog/Animal Control Officer for the purpose of the registration of all dogs on the reserve lands;
(f) “Owner” of a dog/animal includes a person who possesses or harbors a dog/animal;
(g) “Reserve” means all territories of the Wabaseemoong Independent Nations, including, One Man Lake, Whitedog and Swan Lake Band, Indian Band Number 29 all located within the Wabaseemoong Independent Nations Traditional Land Use Area, Treaty Three Territory within the Province of Ontario and Canada;
(h) “At large” or “running at large” shall mean off the premises of the owner of the dog/animal and not under direct control of the owner or a person appointed by that owner for such purposes;
- “Vicious Dog or Cross Dog” “ANIMAL” includes; any dog/animal that demonstrates ferocious, vicious or aggressive behavior any dog/animal that the Dog/Animal Control Officer, upon reason and probable grounds believes to be a physical threat to others;
(j) any dog which has been prosecuted and convicted under this by-law within the previous six (6) months;
(k) any dog which has bitten another dog/animal or human with or without provocation
(l) “Premises” means buildings and structures including driveways and accepted yard areas.
(m) “Public Areas” means public buildings, structures and spaces erected and/or maintained by Wabaseemoong Independent Nations, including roadways and paths.
(n) “Responsible Ownership” means acknowledgement of responsible animal/dog ownership.
(o) “Household” means any single house, apartment, shanty, shack, Camper, RV or Tent used and intended for use as a residence.
(p) “Guide Dog” means a dog being utilized by a visually impaired individual for the purpose of safe mobility.
DOG/PET ANIMAL CONTROL OFFICER
- The Council may appoint by Band Council Resolution, a DOG/PET ANIMAL BY-LAW CONTROL OFFICER, and fix the terms of employment duties and remuneration,
- The Council may, by Band Council Resolution, provide for reasonable reimbursement of Fees incurred by the DOG/PET ANIMAL BY-LAW CONTROL OFFICER for kenneling and euthanasia services associated with enforcement by this Animoog By-Law.
- The DOG/PET ANIMAL CONTROL OFFICER shall maintain a record of all dog/animal registrations Including the Information received upon application for registration, the number of issued dog tags, the date of registration and the fee amount paid.
- The Dog/Animal Control Officer shall report to the Council as Council may direct.
- Council shall set, by Resolution, a tariff of fees associated with the administration of this Dog/Animal by-law, including fees for the following;
- Registration of dogs;
- Registration/identification tags, including the replacement thereof;
- Euthanizing of dogs and other domestic/wild animals
- Kenneling costs (including building a dog pound) associated with impounded animals/dogs
- Animal Control Officer administration fees
- Licensing for breeding and kenneling
- All fees shall be payable to Wabaseemoong Independent Nations
- The Dog/Animal Control By-Law Officer shall be responsible for collecting said fees on behalf of the Wabaseemoong Independent Nations and shall immediately pay over any monies collected to the Finance Department of Wabaseemoong Independent Nations.
- The Wabaseemoong Independent Nations may seize or withhold from any monies which the First Nation may owe to a dog/animal owner by way of salary, contract, debt, or otherwise, payment and satisfaction of any fees due and owing under this by-law.
OWNERSHIP OF DOGS/ANIMALS
- No person under age of (16) sixteen years of age shall own, harbor, or possess a Dog/animal without their parent’s or guardian’s express written approval and acknowledgement that the parent/guardian is ultimately responsible as owner under this by-law.
- Every owner must keep the dog/animal safely tied or penned, fenced, leashed, or otherwise restrained at all times and in such a manner that the dog/animal cannot escape or overpower its handler.
- A dog/animal need not be tied or penned up as provided in section 11, if the dog/animal;
a) Is being used at the time by a visually impaired person for the purpose of safe mobility;
b) Is being used at the time by a person for the purpose of hunting or work;
c) When the dog is inside the owners household
- Except as authorized under section 52, there shall be a maximum of (2) two dogs and (2) two other pet animals per household
- No owner shall allow a female dog/pet animal in heat or any dog/animal infected with rabies, mange, distemper, worms or any other infectious diseases in public areas
- The owner of a dog/pet animal which causes damage to any property including but not Limited to lawns, vegetable gardens, flower gardens, flower beds, bushes, or plants shall pay for restoration, repair including costs thereof.
- All dogs/pet animals on the Wabaseemoong Independent Nations Territory must be immunized in accordance with generally accepted veterinary standards. The owner of the dog is responsible for all costs for immunization and inoculation every year and must provide documentation to that effect.
- All dogs must be spayed/neutered to prevent unnecessary reproduction to ensure that the WIN Dog population is controlled and maintained to acceptable safe levels.
- Any dog/pet animal that is believed to be infected with rabies shall be surrendered to the Animal Control Officer to be held in quarantine for a period of (10) ten days. Any dog quarantined on suspicion of having rabies cannot be released until the Environmental Health Officer is satisfied that the dog/animal does not have rabies and thereafter directs in writing that this dog/animal be released.
- The Dog/Pet Animal Control Officer, if necessary and at the owners’ expense shall have all rabid dog/animals humanely euthanized.
- Every dog/pet animal owner must register his/her dog/animals with the Dog/Animal Control Officer. The owner shall attach the registration tag to the dog/animal and shall ensure it remains attached to the dog at all times
- Dog/pet animal owners shall have until April 1 of each year, or as soon as the dog/animal have attained the age of 60 days, to obtain and place a registration tag around the neck of their dog/pet animals
- The burden of proof is on the dog/pet animal owner to show that any dog/pet animal is less than 60 days old.
- A dog tag may be transferred from one dog/pet animal to another providing ownership of the registered dog/pet animal has ceased due to death, sale, or transfer of ownership and providing an application for registration for a new dog has been approved by the DOG/PET ANIMAL CONTROL OFFICER.
- In case of any sale or transfer of a dog/pet animal, the registered dog/pet animal owner is is responsible for notifying the DOG/PET ANIMAL CONTROL OFFICER of the change in ownership, however, the transfer shall not be final until the new owner verifies the transfer and is able to register the dog/pet animal
- The application for registration shall be filed with the Dog/Pet Animal Control Officer and
- The owners name, address and phone number
- A description of the dog/pet animal to be registered, including age, sex, color, breed and name.]
- The number of dogs in the household
- A record that the dog/pet animal is immunized against rabies noting the date of such Immunization, the name of the person immunizing the dog/pet animal, the name of the vaccine and its batch number; and,
- Any other information deemed by the DOG/PET ANIMAL CONTROL OFFICER to be Necessary for the purpose of administration of this by-law.
- The DOG/PET ANIMAL CONTROL OFFICER shall issue a registration tag upon registration and payment of applicable fees.
- In the event that the dog/pet animal tag is lost, the DOG/PET ANIMAL CONTROL OFFICER, upon application by the owner shall issue a replacement tag upon payment of applicable fees.
- The fees applicable for the registration of a dog/pet animal and issuance of tags shall be set by band council resolution.
- No fee, or part of a fee is refundable in the event of a loss, death or transfer of ownership of dog/pet animal.
- The DOG/ANIMAL CONTROL OFFICER may deny registration of any dog/pet animal the owner has previously been in violation of this by-law, where there are outstanding fees due under this by-law, or if the owner has previously had a dog seized due to abuse or neglect.
Visiting Dogs/Pet Animals
- All dogs/animal pets temporarily residing in the Wabaseemoong Independent Nations communities for a period of not more than three (3) weeks are subject to the provisions of this by-law with the exception of the registration requirements.
Control of Dogs/Pet Animals
- The DOG/PET ANIMAL CONTROL OFFICER may seize and impound any dog/pet animal
- which does not have a current registration tag as provided herein; or
- found running at large, being a nuisance, or endangering the health and well-being of band members and residents of Wabaseemoong Independent Nations
- that is being abused, neglected, or, abandoned
- The DOG/PET/ANIMAL CONTROL OFFICER may enter upon the premises and seize a dog/pet animal without warrant where he/she has reasonable grounds to believe that the dog/pet animal is being abused/neglected or abandoned.
- Anyone owning a vicious, cross dog, or any other pet animal, or any potential vicious or aggressive pet animal must post a clearly visible sign notifying the public of this fact. If the DOG/PET ANIMAL CONTROL OFFICER believes that there is reason to suspect That any dog/pet animal potentially vicious, or aggressive, the ANIMAL CONTROL OFFICER may notify the owner in writing of this fact. Any dog/pet animal owner who receives such a notice shall post signs under this section for the better protection of the Wabaseemoong Independent Nations members.
- A vicious dog, cross dog, or pet animal must at all times be muzzled and must be kept on a leash whenever it is away from the premises of its owner or in public areas.
- On the owner’s premises a vicious dog, cross dog, or any other pet animal shall be kept on a secure leash whenever with a minimum length of (6) six feet, or in a restricted area that is constructed so as to;
- prevent any escape by the dog/pet animal
- Physically prevent any unauthorized entry in the dog/pet animals area by any children
- Complaints of vicious dogs, cross dogs, or any other pet animals shall be directed to the DOG/PET ANIMAL CONTROL OFFICER to investigate. In such a case, the dog/pet animal will be notified, in writing of the complaint and warned that non-compliance with by-law may result in fines and/or destruction of the vicious dog/cross dog, or pet animal.
- All dogs/pet animals who have engaged in vicious behavior, including biting humans shall be impounded by the DOG/PET ANIMAL CONTROL OFFICER for a 10-day observation period. During this period, the DOG/PET ANIMAL CONTROL OFFICER shall determine if in his/her opinion the dog/pet animal is dangerous, or has a disease.
In determining whether a dog/pet animal is dangerous, the DOG/PET ANIMAL CONTROL OFFICER shall consider the circumstances which may have caused the dog’s/pet animal’s behavior, and also the dog/pet animals history of such behavior
Upon the determination that the dog/pet animal is dangerous, or has a disease, the DOG/PET ANIMAL CONTROL OFFICER shall euthanize the dog/pet animal at the Owners expense.
PROTECTION FROM DOGS
- Any person may kill a dog that is running at large and is in the act of attacking, injuring, killing a person, another dog, or pet animal, or where the dog/pet animal is in pursuit and an attack where injury or death is imminent.
- No dog/ pet animal owner may seek or recover damages or compensation from any person who lawfully destroys a dog pursuant to Section 38 of this by-law.
IMPOUNDING DOGS/PET ANIMALS
- The DOG/PET ANIMAL CONTROL OFFICER shall place all impounded dogs in an Animal shelter or kennel.
- The DOG/PET ANIMAL CONTROL OFFICER shall be available at reasonable hours to open the dog/pet animal shelter to the public for the purpose of claiming an impounded dog/pet animal.
- The DOG/PET ANIMAL CONTROL OFFICER shall maintain a record of each dog/pet animal impounded, including details as to; general discipline, sex, age, color, date placed and basis for impoundment and tag number, if any.
- Any dog/pet animal impounded shall be confined for a minimum of (3) three days, excluding Saturdays, Sundays, or Statutory Holidays. If impounded dog is not claimed within (3) three days after the owner was delivered notice pursuant to Section 44, the dog/pet animal shall be disposed of according to Section 45 of this by-law.
- Upon impounding dog/pet animal, the DOG/PET ANIMAL CONTROL OFFICER SHALL;
- By written notification inform the dog/pet animal owner that the dog/pet animal has been impounded and that non-compliance to the by-law may result in the destruction of the dog/pet animal.
- Make reasonable efforts to hand deliver the notice to the owner and if unable to do so, to deliver the notice to the home of the owner or person designated by the owner in charge of the dog/pet animal in his/her absence.
- The notification shall advise of impounding of the dog, the hours during which the shelter/kennel shall be open, the fee necessary to reclaim the dog/pet animal, the possible disposition of the dog/pet animal in the event it is not claimed and the date by which the dog must be claimed.
DISPOSITION OF DOGS/PET ANIMALS
- The owner may claim an impounded dog within (3) three days of seizure by payment of impound fee, and if, the display of the required registration and identification tags. If the owner does not claim the dog/pet animal with the time period outlined above, the DOG/PET ANIMAL CONTROL OFFICER may adopt the dog out for payment of an adoption fee to;
- Such a person as the owner may direct, or,
- if owner does not make any direction, to any person who is willing to adopt the dog/pet animal and able to secure registration from the DOG/PET ANIMAL CONTROL OFFICER.
- Unclaimed dogs or other pet animals may be sent out of the community for adoption,
- Notwithstanding other provisions of this By-law, no dog shall be released to its owner if doing so would result in the owner continuing to be in violation of this By-law.
- If impounded dog is not claimed, or adopted according to Section 45, such a dog may be destroyed. All dogs/pet animals shall be euthanized in a humane manner.
- No dog/pet animal owner, their agents, assignees, employers, or family may seek or recover any damages or compensation of any sort against the DOG/PET ANIMAL CONTROL OFFICER, BAND COUNCIL, or their employees agents, aides, assignees, or assistants arising in any way from the destruction, impoundment, or treatment of any dog/pet animal pursuant to a good faith exercise of authority under this By-law.
- Where a dog/pet animal is impounded because it required treatment care from a Veterinarian, the DOG/PET ANIMAL CONTROL OFFICER may release the dog/pet animal to the owner provided the owner agrees to secure such treatment or care for the animal within (3) three days, but only if the DOG/PET ANIMAL CONTROL OFFICER believes that the owner will provide the necessary care. If the owner fails to provide written proof within (10) ten days that the treatment or care was administered to the dog/pet animal, the DOG/PET ANIMAL CONTROL OFFICER may again apprehend the dog.
- The DOG/PET ANIMAL CONTROL OFFICER may, upon advice from the Veterinarian Euthanize a dog/pet animal without delay for humane reasons or for reasons of health and safety.
- Dogs/Pet Animals are prohibited from entering school yard, daycare yard, playgrounds, powwow grounds, sacred grounds, sweatlodges and any other public areas within the Wabaseemoong Independent Nations communities. Some exceptions may be allowed from time to time provided they are leashed and controlled by the owner and a notice stating this exception has been issued by Chief and council.
BREEDING AND KENNELING
- (a) No person may establish, own or operate an establishment of facility for the purpose the purpose of breeding, boarding, or kenneling dogs/pet animals with the Wabaseemoong Independent Nations territory with a license issued by the Chief and Council of Wabaseemoong Independent Nations via Band Council Resolution.
(b) Anyone in violation of this Section shall have the dog/pet animals seized and Impounded under this By-law.
- Any person who keeps (3) three or more dogs will be considered a breeder or kenneling Operator and will be subject to provisions of Section 52.
- If any person who is not considered a breeder or kenneling operator and whose dog/pet Pet animal has a litter of puppies has a grace period of (75) seventy-five days to adopt out the litter.
- (a) Council may affix an annual fee for licensing a breeder or kenneling operator
(b) Council will have the right to impose terms and conditions on kenneling, specifying The number of dogs/pet animals that may kept at any time, the duration of the license the particular dogs/pet animals which the license relates to, the restrictions as to the purpose which the dogs/pet animals may be kept, and the provisions for hygiene and any other matter incidental to the breeding, kenneling, or boarding of dog/pet animals.
VIOLATIONS OR NON-COMPLIANCE
- Any person who violates any of the provisions of this By-law is liable upon summary conviction to a fine not exceeding ($1,000.00) One thousand dollars.
- All fines and fees are due and payable to the Wabaseemoong Independent Nations. The Wabaseemoong Independent Nations may seize or withhold any monies owed to The dog/pet animal owner by way of salary, contractual agreement, or otherwise in Satisfaction of any fine or fee incurred under this By-law.
- (a) Should any fee be outstanding more than (90) ninety days from the imposition of the fee, the DOG/PET ANIMAL CONTROL OFFICER may in his/her sole discretion, impound the owners dog as if the dog had been impounded and dealt with as any other impounded dog under this By-law. If a fee remains outstanding after (6) six months, the DOG/PET ANIMAL CONTROL OFFICER shall seize and impound the dog according to the provisions of this By-law!
(b) Partial payments of the fines and fees may be considered amongst other factors by the DOG/PET ANIMAL CONTROL OFFICER in relation to the exercise of his/her right to Impound the dog after (90) days, but a fee which has not been after (6) months shall be considered unpaid for the purposes of Section 58.
- Individuals with outstanding fees will not be issued a new registration for a new dog/pet animal.
- A dog/pet animal owner may appeal a decision of the DOG/PET ANIMAL CONTROL OFFICER by filing with the Band Council a “Notice of Appeal”, in such form as may from time to time be prescribed by Council, within (30) thirty days of the owners first notification of the decision of the DOG/PET ANIMAL CONTROL OFFICER. The appeal shall be heard by Chief and Council, or a DOG/PET ANIMAL CONTROL COMMITTEE assembled for that purpose by Chief and Council within (30) thirty days of the receipt of the notice of appeal. The appellant shall be entitled to make representation to Chief and council, or the DOG/PET ANIMAL CONTROL COMMITTEE and shall be entitled to hear from such other persons as they deem necessary to determine the merits of the appeal.
- The decisions of Chief and Council, or the DOG/PET ANIMAL CONTROL COMMITTEE shall be binding and final, and is intended to be an act of self-government which is not subject to a review by any outside court, government, agency, or person.
The Wabaseemoong Independent Nations Dog/Pet Animal By-Law was developed by a steering committee consisting of 14 band members from various families of Wabaseemoong Independent Nations who then provided a summarized WIN Dog/Pet Animal By-Law information document to WIN band members by going house to house and delivering the said information document for their review. The steering committee then delivered ballots to as much homes as were occupied on the WIN community. These Dog/Pet Animal By-Law ballots were then collected, inserted into a secure ballot box, counted by the Dog/Pet Animal Steering Committee. The results of the Dog/Pet Animal Ratification vote were 268 Yeas and 31 Nays with one blank ballot. Therefore, this Dog/Animal Pet By-Law was approved and passed by a majority of WIN band members who participated in the ratification vote.
The Chief and Council have reviewed this WIN Dog/Pet Animal By-Law and supports the outcome of WIN community peoples ratification vote by supporting this Wabaseemoong Independent Nations Dog/Pet Animal By-Law and will seek the resources including the funding to implement this by-law.