Stop The Oppression Permanently
Free Diesel Now!
Stop animal abuse by Regional District of Central Okanagan.
The Regional District of Central Okanagan (RDCO) in British Columbia, Canada has a history of mistreating animals. Such practices need to be stopped permanently.
1. Action
This sortie is now closed. See last entry in evidence for the decision
You can create your own email or you can copy/modify the one in the statement section. Remember what is required is quantity. Even if your email is not read, its reception will not go unnoticed.
Send email to the RDCO insisting they release Diesel
immediately:
2. Statement
Below are some sample letters you can copy/paste into your email. You are free to modify these as you wish to or create your own.
2.1 Sample Letter One
Dear Regional Director:
It seems that you and your colleagues have given yourselves the
authority to abuse animals within your Regional District.
Current case in point, Diesel the Dog.
Diesel, as you know, has been locked away in a 5' x 7' cement
enclosure, for twenty-three and a half hours a day, EVERYDAY,
for more than nineteen months. Diesel's cruel, prolonged
confinement has clearly been approved by you, since it is your
authority that has placed him there. You also know that Diesel
has been assessed as NON-AGGRESSIVE by Mr. Gary Gibson, a
professional dog assessor with 35 years experience. In
addition, you're fully aware that your own "dog assessor" has
never taken a single course in dog assessment nor has she ever
had any formal training as a dog assessor. She has only taken a
six-week course in dog obedience. Despite this, she has
"assessed" Diesel as aggressive and that he should be
destroyed. All these details you know, but despite this
alarming information, you have let an innocent dog like Diesel
suffer for more than nineteen months. Where is your moral
integrity?
Since it's within your power to release Diesel immediately by
stopping your legal action against him, why haven't you made
any attempt to do so? It would be impossible to believe you are
not aware of this option since that's what your job is about.
Logic dictates, therefore, you do not really care. How could
you and your colleagues, even in your darkest moments, sentence
an innocent animal to such a hellish life? Is creating this
cruel nightmare for an animal the best way you can express
yourself in your life?
The world is getting to know the RDCO and its Regional
Directors for all the wrong reasons. People, and yes, even
Regional Directors make mistakes. You still have time to change
your course and act with a heart filled with compassion instead
of retribution.
Please hear the world's voices of compassion and justice for
animals. Please set Diesel free without delay.
The world is watching you.
2.2 Sample Letter Two
This is cruel and unjust punishment for any creature of any species. Please release Diesel at once!
2.3 Sample Letter Three
The RDCO has overstepped its mandate by engaging in what is nothing short of animal abuse. This dog isn't being held in isolation in order to protect anyone. He is a victim of cruel policy implemented by an inhumane group of political powermongers.
2.4 Sample Letter Four
I can't believe that the RDCO is allowed to waste taxpayer money on defending their animal abuse. Not only should Diesel be released - the RDCO should be personally held responsible for improper conduct and prosecuted accordingly!
3. Evidence
Various items related to the campaign at hand appear below. Please inform yourselves and others about the matter.
3.1 For Diesel's Sake
Diesel the Dog has been locked away in a 5' x 7' cement
enclosure for twenty-three and a half hours a day, every day,
for the past nineteen months at the Regional District of
Central Okanagan's dog compound. The Regional District of
Central Okanagan (RDCO) has a history of doing this to animals
in their jurisdiction. It's time for all fair-minded people and
animal lovers to bring the RDCO's practice of animal cruelty to
an end.
Diesel's only fault was to defend himself in a dog fight and
bite the attacking dog. Diesel was then reported to RDCO Dog
Control and has been incarcerated in horrible conditions ever
since.
Diesel has been assessed as NON-AGGRESSIVE by a professional
dog assessor with 35 years experience, Mr. Gary Gibson. Despite
this, the authorities at the RDCO refuse to release Diesel and
go on the word of their own dog assessor, someone who has had
six weeks training in dog obedience and not a single course or
any training in dog assessment. It's this RDCO employee who
assessed Diesel as aggressive and said that he should be
destroyed. The only reason why Diesel is alive today is because
of Diesel's owner, Dave Smith.
Dave is trying to save the life of his innocent dog and is
fighting Diesel's case in Supreme Court which is a very costly
matter.
The RDCO has the power to release Diesel IMMEDIATELY by simply
dropping their court case against him. Regrettably, RDCO
Directors have chosen Diesel's continued suffering as the
preferred option.
If you'd like to help Diesel there are several ways you can
help.
First, if you live within or near the RDCO, Friends of Diesel
will be holding a candlelight vigil Monday, Oct. 22nd starting
at 6:30 PM. It will be held at the Kelowna City Hall, 1435
Water Street, Kelowna but we’d like to meet Diesel supporters
initially at The Sails. We'd like to see as many as possible
attend, so if you plan on coming please dress warmly, bring
family members and friends, electric candles, and of course,
bring your beloved animal friends.
Secondly, as previously mentioned, Supreme Court action is very
costly.
Consequently, we're appealing to the public to help Diesel's
legal appeal by donating in any way they can. Donations for
Diesel's legal expense fund can be made through the Bank of
Montreal Account # 08093976-657 (Administrated by Karen Stiewe)
or by visiting Facebook: "Diesel vs RDCO" for online donations
and more details.
Thirdly, there is a Form Letter with email addresses that we'd
like you to submit to those authorities responsible for
Diesel's on-going cruel treatment. If you prefer to write your
own original letter on this issue, please do so – in fact,
original letters are very powerful.
With sincere thanks.
From Friends of Diesel
3.2 Another Victim Labeled In The Dangerous Dog Act
August 9th, 2012, Mr. Dave Smith appeared in court to
receive the verdict from the judge on his loyal companion and
friend, Diesel. Unfortunately, the decision of the court was
not what was expected and was a very biased decision. They
sentenced Diesel to death within the next 14 days, without
really listening to the defense and leaving Mr. Smith with a
VERY short time frame to appeal. The paperwork is already in
motion for the appeal but time is very crucial for Diesel and
support is urgent to save the life of an innocent victim
condemned to death without your help. ...
Dave Smith adopted Diesel in the summer of 2006. Dave and his
loyal companion have been the center of attack for the past few
years from a neighbor who has been making life very difficult.
This neighbor has been making every effort to cause problems
for Dave Smith and Diesel by filing complaints continuously.
Diesel and his owner/parent have been victimized by this
neighbor from 2006 to 2011.
Diesel has never shown any signs of aggression by any means and
has always been a fun and loving companion. He has been in the
company of many animals, people and children and has never
attempted to hurt anyone.
In June, 2011, Dana Eklund assessed Diesel and her
recommendation was the he never be released because he would
bite someone or another animal. The assessment documentation
provided by Ms. Eklund was given a 20 minute-briefing on Diesel
by animal control on the instructions of "their" legal council.
Gary Gibson, who assessed Diesel by video, contradicts Ms.
Eklund's testimony showing the complete opposite of what she
testified to. The Provincially recognized expert dog assessor,
Gary Gibson, showed both in written submissions and video
records that Diesel was not a dangerous or aggressive dog, but
would respond if attacked. Well, I think if any of us were
attacked, whether animal or human, we would respond. That's
logic. ...
To view the rest, follow this link.
3.3 Assessment and Petitions
Here is expert dog assessor Gary Gibson's assessment.
Here are 2 petitions you can sign:
Petition 1
Petition 2
3.4 Miscellaneous RDCO Items
Follow this link to find various items regarding RDCO
including some of their own documents:
RDCO DOG CONTROL 2012
3.5 Consultant's Investigation of RDCO
Below is a video of the Neilsen-Welch firm's presentation:
You can read the complete "Consultant Report - Dog Control Service Review" by clicking here.
3.6 American Bar Association Against Breed Discrimination
Here is a blog with significant links about the ABA policy stand against breed discrimination:
RESOLVED, That the American Bar Association urges
all state, territorial, and local legislative bodies and
governmental agencies to adopt comprehensive breed-neutral
dangerous dog/reckless owner laws that ensure due process
protections for owners, encourage responsible pet ownership and
focus on the behavior of both dog owners and dogs, and to
repeal any breed discriminatory or breed specific
provisions.
Urges Adoption of Breed-Neutral Dog Laws
3.7 Court Case Stories
The court case items and subsequent events are in chronological order:
The case of Diesel the dog goes to BC Supreme Court 13-01-21
The case of Diesel the dog will be in BC
Supreme Court Monday.
Owner Dave Smith put forward a counter offer to the Regional
District of the Central Okanagan last week in attempt to save
his dog.
The German Shepherd cross has been locked up for 22 months
after being deemed a dangerous dog last August.
Smith hopes to gain ownership of Diesel but a proposal from
RDCO stated Diesel is to be transferred to a new owner outside
of the district after Smith was deemed an irresponsible dog
owner by a provincial court judge.
Smith rejected the offer and has now asked that Diesel be
confined inside the home and each party pay for their own costs
of the court proceedings.
The case is expected to last two days in BC Supreme
court.
Diesel the Dog BC Supreme Court Hearing Wraps Up 13-01-22
Two days of hearings surrounding the case of
Diesel the dog has wrapped up in Kelowna court.
The appeal by his Peachland owner is now in the hands of
Justice Barrow according to Bruce Smith with the Regional
District of Central Okanagan (RDCO).
"We're just awaiting anxiously when Justice Barrow will release
his decision on the outcome."
Smith says both sides are just as eager to hear the judges
decision.
"At this point Justice Barrow has reserved his decision and
when it's ready he'll let our legal council and Mr. Smith's
council know as well."
It could be as long as a month until the decision is released,
which would end a nearly two year battle between Diesel's
owner, Dave Smith, and the RDCO.
The RDCO wants the German Shepherd cross adopted outside of the
district, but Smith rejected the offer and has asked that
Diesel be confined inside his home.
Diesel has been locked up for 22 months after being deemed a
dangerous dog last August.
Diesel: The $100,000 dog 13-01-25
Taxpayers in the Central Okanagan will have
forked over nearly $100,000 by time a Supreme Court judge
issues a ruling on Diesel.
Diesel has been locked up in the RDCO pound since March, 2011
after being declared a dangerous dog while his owner, Dave
Smith, fights an order to have his dog euthanized.
RDCO Communications Director, Bruce Smith, says legal bills
alone will run upwards of $75,000 or more.
"The legal costs for this case up until the end of December,
2012 was $54,000," says Smith
"We don't have a final bill on the appeal, but we are
anticipating it will be in the neighbourhood of an additional
$20,000."
Besides the legal costs, Smith says the cost to keep Diesel at
the pound run about $800 a month.
Over 22 months, that works out to an additional $17,600.
Smith says the Regional District is asking to recover some of
those costs should it win the appeal.
"I believe part of our request to Justice Barrow was to try and
recover some of the legal costs. I also believe we requested to
recover some costs for Diesel's care and impound dating back to
the provincial court ruling in August last year," says
Smith.
A Provincial Court Judge declared Diesel a dangerous dog back
in August. Dave Smith appealed that decision to the BC Supreme
Court.
The appeal was heard earlier this week with a decision expected
sometime next month.
The responsibility of dealing with and prosecuting cases such
as these were downloaded from the province to local governments
in 2009.
Before then, Crown prosecutors handled the cases.
"In 2008 our legal fees were $3,500 and they climbed to $64,000
in 2011," says Smith.
"At that time there was one case that required the regional
district to incur legal fees to go through the process."
It was estimated the legal fees in 2012 were about
$90,000.
Those included court costs for Shadow, a two-year-old Alaskan
Malamute who was held for 15 months before a deal was reached
to send him home back in July of last year.
Smith says the regional board is trying to take steps to lessen
the burden on taxpayers.
"One of those is Consent Orders that we reach with dog owners
to give them and their dog another chance," added Smith.
"Return the dog back to the owner under strict conditions to
ensure public safety such as muzzling, short leashes and
enclosures on the property."
Ultimately, he says these cases would not be necessary if
owners took more steps to control their dogs.
"Our legal counsel suggested during arguments that much of this
could possibly have been avoided had the dog been responsibly
and securely contained on its property and securely controlled
and on-leash when it was in public."
by Castanet Staff - Story: 87461
Feb 15, 2013 / 5:00 pm
After nearly two years behind bars at the RDCO dog control facility, the fate of 'Diesel' has been decided.
Diesel's owner Dave Smith contacted Castanet to say a Supreme Court Judge has stayed the euthanasia order against the dog.
"He found him dangerous under the Charter, but he has found that conditional orders are allowed, but he has not allowed Diesel to return to me."
Smith says the RDCO has been given seven days to put together potential adopters, which will be discussed next Friday during a telephone conference which Smith will be a part of.
Saddened by the news Diesel will not be returned to him, Smith says the decision is also a 'massive loss' for the RDCO.
"The argument has been in the past by all Regional Districts, that conditional orders are not allowed and this judge has reviewed that, as it was part of the appeal. He has said they are the law," explains Smith.
"So even if a dog is declared dangerous under the Charter they can still be conditionally released."
Smith sees the judge's decisions regarding conditional releases as a 'huge positive' for dogs in the province, which Regional Districts will have to abide by.
The Judge did agree with the RDCO's argument that Smith was an irresponsible dog owner.
Smith, who's owned several dogs in his life time, says that assessment is not true.
"Because of the number of tickets that were written (against me), even though I successfully disputed them in court, those formed the basis for (the decision), I guess I should have done more than I did," Smith says about proving he is a responsible dog owner.
He still stands firm that Diesel is not guilty of attacking another dog for which he is accused of.
Ironically the RDCO made an offer to Smith this time last year to release Diesel into his care under certain conditions. Smith made a counter offer, for which the RDCO did not respond.
The RDCO made a second, non-negotiable, offer in December stating Diesel be transferred to a new owner through an anonymous adoption by a dog rescue agency approved by the RDCO, and not be released back to Smith.
Almost the exact decision made by the Supreme Court of Appeal Judge.
The good news is Diesel will be released and get to live out his dog days, just not in the hands of Smith.
"He is a good dog," Smith sighed.
The RDCO was not available for comment at the time this story was prepared.