Justice Ron Veale faces three choices in deciding the fate of Trevor the dog.
Whitehorse, exasperated by $45,000 in legal fees and 15 months of court hearings, wants Veale to order Trevor euthanized.
The humane society, asserting Trevor’s behaviour has stabilized, wants the dog to remain at the Mae Bachur animal shelter until another owner is found.
Or, should Veale side with the society, the city suggested any breach of Trevor’s conditions at the shelter would result in an immediate euthanization.
That’s how the protracted “doggie on death row” saga played out in Supreme Court on Tuesday.
It was supposed to be the humane society’s second – and last – chance to present a new owner for Trevor.
A plan to send him to Burwash Landing collapsed when the Kluane First Nation barred him from the community.
The court heard about that in October, but Veale gave the society another shot at finding an owner.
An Ibex Valley resident was interested, but neighbours opposed the proposal.
The city is getting tired of the ongoing battle.
There’s been “mounting frustration,” said Lori Lavoie, the city’s lawyer.
Trevor can’t stay with the shelter and be adopted one day because the city doesn’t want to be back in court again, she said.
He should be turned over to the pound right away, she argued.
But Trevor has calmed down at the shelter, said Carrie Burbidge, the humane society’s lawyer.
He’s at home there and gets along with people.
The society is prepared to have Trevor declared a dangerous dog under the city’s animal bylaws if he can stay at the shelter.
Currently, Trevor has only been declared a dangerous dog by the court.
It’s not the usual process, but Trevor is dangerous, clarified Veale.
If the society’s proposal is chosen, the city would have to be notified of an adoption.
The city could dictate some of the terms of that adoption, said Burbidge.
Lavoie then countered with an alternative proposal, should Veale swing that way.
If Trevor ever breached the conditions of his stay at the shelter or in a new home, the normal legal process should not apply, said Lavoie.
There should be no window for the owner to challenge a charge under the city’s bylaws.
He should be immediately impounded and euthanized, she said.
Veale reserved his decision.
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