Family wants allegedly ‘dangerous’ dog returned after B.C. court turfs warrant – BC

The owners of a dog seized in Langley, B.C., in what they say was a case of mistaken identity, are demanding he be returned after a warrant used to apprehend him was ruled invalid.

The Langley Animal Protection Service (LAPS), which serves as the Township of Langley’s contacted animal control provider, seized the pit bull named Enzo on April 10, 2024, after an incident at his owner’s home.

The family says a contractor had entered their yard without warning several months earlier, and that their other dog, not Enzo, bit him. The man’s injuries required medical attention.

When animal control officers returned in April, they seized Enzo.

“We say that, first of all, they have the wrong dog,” said Rebeka Breder, the family’s lawyer.

“And even if Enzo was involved in that, that he should be released because of the way that he was seized.”

LAPS says the seizure was made under its authority as the township’s animal control agency, and in consultation with the municipality.

The Township of Langley subsequently sought a court order to have Enzo destroyed, due to what LAPS says were “reasonable grounds to believe that Enzo was a ‘dangerous dog’ under provincial legislation.”

In a statement, LAPS said an investigation had revealed two attacks, one in January 2024 that left someone seriously injured, and one in February 2024 that left someone with life-altering injuries, “as well as multiple reports of concerning behaviour from neighbours and other community members.”

The family challenged the seizure in court earlier this summer, and on Aug. 26, a provincial court judge declared the warrant invalid citing problems with the information provided in the application.

“The seizure was unlawful, breached my clients’ constitutional rights, and in our view, what that further means is that Enzo be released immediately,” Breder said.

“Right now there is absolutely no legal authority for LAPS to keep holding Enzo. I am hoping we will be able to resolve this without further court intervention.”

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In a statement responding to the ruling, LAPS said it had followed all existing applicable procedures in its handling of the warrant, and that the judge rejected allegations it had exaggerated information or misled the court, or that it had used excessive force.

“While the warrant has now been ruled to be invalid, LAPS carried out the order in good faith at the time it was issued and according to the authority granted in the warrant by the Judicial Justice of the Peace who issued it,” LAPS said.

“We welcome progress in this case and will continue to follow all court directions as well as direction from the Township of Langley regarding Enzo’s future.”

No one from the Township of Langley agreed to an interview request.

But in a statement, the municipality said no court order had been issued to release Enzo, and that the Township’s continued possession of the dog was lawful.

It added that the matter remains before the provincial court, with another hearing pending.

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