Breed Misidentification - The Beauty Of Due Process. So Does It Exist

[rep628]

Brought to my attention by the website/blog www.goodfordogs.org

In a bit of shameless promotion, everyone should really spend 30 seconds checking out it's Facebook page http://www.facebook.com/#!/Goodfordogs

Full of good little tidbits, and constant updates and press, much related to or coming from AUS. Anyways, a VERY interesting article:

http://www.animallawcoalition.com/breed-bans/article/1515

Which got me thinking - obviously, this whole breed identification thing is a hot topic - and in the brave few who go through the Australian Judicial Process (Da Frey, Chivers) - What about Due Process? Because it seems that just of much of this problem with dealing with these councils/legislation is you are stripped of Due Process. I have a friend that's dealing with a Dangerous Dog Mandate from the most "beloved" Brisbane City Council - The process that she has be pigeonholed into is shocking to say the least. Of course, she's fighting it. But watching what she's had to endure, and it's obvious that many have had to go through in this country, has got me wondering..

What in the Australian Law/Constitution states that it citizens have the right to Due Process? Is there Due Process? Or, is there something that is states in all these Companion Animal Laws that, "you're naughty & breaking the law, screw Due Process!' or is the Due Process the whole thing of Breed Assessor->Temperament Assessment otherwise your dog is dead/restricted?

Thoughts? Experiences? Anyone here an Aussie Law Professor? Tempted to tell this N. American to go back already ?

Edited March 1, 2011 by rep628

[geo]

No don't go back, we need people with open minds and experience.!!

I think there has been a few posts about the procedure that is supposed to be followed, but it varies a little between states.

[wiseguy]

Australia doesn't have a Bill of Rights as such.

Everyone is entitled to their day in court under the Westminister system though. We are a democracy.

Bring your money with you.

[mikebailey]

Brought to my attention by the website/blog www.goodfordogs.org

In a bit of shameless promotion, everyone should really spend 30 seconds checking out it's Facebook page http://www.facebook.com/#!/Goodfordogs

Full of good little tidbits, and constant updates and press, much related to or coming from AUS. Anyways, a VERY interesting article:

http://www.animallawcoalition.com/breed-bans/article/1515

Which got me thinking - obviously, this whole breed identification thing is a hot topic - and in the brave few who go through the Australian Judicial Process (Da Frey, Chivers) - What about Due Process? Because it seems that just of much of this problem with dealing with these councils/legislation is you are stripped of Due Process. I have a friend that's dealing with a Dangerous Dog Mandate from the most "beloved" Brisbane City Council - The process that she has be pigeonholed into is shocking to say the least. Of course, she's fighting it. But watching what she's had to endure, and it's obvious that many have had to go through in this country, has got me wondering..

What in the Australian Law/Constitution states that it citizens have the right to Due Process? Is there Due Process? Or, is there something that is states in all these Companion Animal Laws that, "you're naughty & breaking the law, screw Due Process!' or is the Due Process the whole thing of Breed Assessor->Temperament Assessment otherwise your dog is dead/restricted?

Thoughts? Experiences? Anyone here an Aussie Law Professor? Tempted to tell this N. American to go back already ?

Thanks for plugging Good for Dogs.

I think you're talking about Natural Justice and Procedural Fairness.

Here's an article I wrote about Victoria's last ever Restricted Breed Review Panel. As of 1 Sep 2010, any dog that fits the prescribed "Standard" for an APBT is considered Restricted Breed Dog. The "Standard" does not currently exist so anyone buying a dog next week has no way of knowing whether their dog will fall under the "Standard" when it is issued. That's nuts eh?

[john.davey.1960]

Due process in Australia is a common law right which governments can extinguish at any any time and have done so in the past.

The UK police use a series of measurements to decide the breed of a dog and whether to kill the dog or not. I have not been able to find out what exactly they are and whether they are scientifically based or not.

THE CDC in the US don't list breed (if they ever really did) as a determinant of canine aggression. They know that it is scientifically impossible to prove.

The only way to end BSL is to vote it's supporters out of office and refuse to donate to organisations which wanted it introduced.

Sooner or later they'll get the picture. If they don't, then no loss.

Edited March 19, 2011 by john.davey.1960

[TessiesTracey]

[quote name=john.davey.1960' date='19th Mar 2011 - 12:39 PM' post='

The UK police use a series of measurements to decide the breed of a dog and whether to kill the dog or not. I have not been able to find out what exactly they are and whether they are scientifically based or not.

Here you are John, not sure if this is still the most up to date version, but this is part of the breed id info.

http://www.defra.gov.uk/wildlife-pets/pets...e-enforcers.pdf