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A lot of the work you do as a lawyer involves reading past cases to find out what decisions were made in cases similar to the one you're working on.

The following is an example of a judge's decision in a case in which the plaintiffs (the person who initiates the legal action) wanted a bylaw removed. The bylaw made it legal for the pound to destroy "dangerous dogs" during an alleged time of emergency.

Judgments can be difficult to read, but at least in this case the judge had a sense of humor. Most decisions aren't so entertaining.

Your job is to understand the details of this case, so that you can use the information in a similar case you're working on now.

Read the judgment, and summarize in your own words the key points in the case. Use good grammar and write as quickly and accurately as possible.

You'll have to grasp the argument and jargon that the judge uses. Be prepared to do a lot of reading. Keep in mind, this is a big part of what lawyers have to do every day.

Kuypers vs. Langley

Jan. 6, 1992. HOGARTH J. -- In the early evening hours of April 10, 1991, one of the good citizens of the defendant, the township of Langley, was lawfully ambling along 204th St. in the balmy spring weather, when, with little warning or prior indication, a dog since described and defined by bylaw and otherwise as a "dangerous dog" (a matter which is in some dispute) crossed over from the hither side of the street and nipped the right gluteus maximus of this innocent pedestrian.

The unfortunate and unhappy event caused a breaking of the skin and bruising, which no matter where, how or to whomsoever such might obtain is a traumatic and painful occurrence worthy of litigious consideration and appropriate recompense. And let it be made abundantly clear the determination of the villain who perpetrated this anguish has not been determined, such matters having been left to another day and forum, as ours is of different concern.

Alarmed and appropriately disturbed, the victim quite properly complained to the authorities who, in the persons of the defendants Nelson and Green, armed with all the legislative majesty and executive power granted to them by the township of Langley "Dog Licensing and Large Animal Control and Impounding Bylaw, 1988 No.25776" and amendments thereto, attended the residence of the plaintiffs and after some "discussion," which apparently became a bit of a dogfight in itself resulting in the attendance of the police, "Robbie," the treasured Kuypers family dog, was forcibly and unceremoniously seized from his home over the loud protestations of those present, including the plaintiff Darrin Kuypers, who on his mute pet's behalf protested his innocence.

Such protestations were met at least in part with the announcements of the defendants Nelson and Green, or one of them, which remain remarkably undenied, that they had the power under the above edict not only to seize Robbie but without any judicial process or intervention, quasi or otherwise, to execute him on the spot.

No line-up, no photo or otherwise for Robbie, no charge, no dramatic readings of the canine Charter of Rights and Freedoms, no plea, no trial, no application of the ancient and historic presumption of innocence, nor appeal to the majesty of the Court of Appeal: guilt or innocence undetermined, Robbie faced the ignominy of almost immediate oblivion.

Thus, Robbie was taken to the Langley pound which, in the eyes of some, at least Robbie, is a far cry from the warmth, solicitude and understanding of home and hearth and which to him was indeed the equivalent of a canine Gulag.

The plaintiffs, outraged by this effrontery to Robbie's character, insisted that not only shall every dog have his day, but this dog shall have his day in court and such is reinforced by the evidence of the plaintiff, Diane Kuypers, who says on her oath that regardless of whatever evidence the defendants were relying on to prove their case (which in truth appears to be nought but hearsay), Robbie at all times material to the fateful incident, was in the basement of the Kuypers' home conducting himself with the essence of canine decorum, sober as a judge, if I dare to use the phrase, and further was never known, nor by any stretch of the imagination could be known, as a "dangerous dog" as defined in the said enactment or otherwise.

And thus this litigation was commenced and, by the timely intervention of my colleague Rowan J., his demise was thwarted by an interlocutory injunction, staying execution and granting bail under the condition that he behave, an admonition I am certain in Robbie's mind was totally unnecessary -- however, he did not appeal.

This judicial stay of execution has been followed by the usual flurry of litigious confetti that weds lawyers, Xerox and pulp producers to litigation and has brought on this application to have declared that the bylaw purporting to endow the defendants with such awesome authority was not as much within the powers of the municipal council at the time it was passed as the council presumptuously believed and, what is more, in doing what they did, the defendants infringed the rights of the plaintiffs, whereby Robbie's dignified aplomb is assured through the right of the plaintiff to be free from unreasonable search and seizure of their property.

In answer, the defendant township claims that when in 1988 the legislative solons of the defendant acted and enacted, they did so from pure necessity under the "emergency" provisions of the Municipal Act, R.S.B.C. 1979, c. 290, and amending Acts which they say literally, at least in part, were designed to keep the municipality from going to the dogs, when all other powers were wanting.

The defendants further claim that no court of competent jurisdiction, divine or otherwise, has any right or title to inquire into whether any such "emergency" did or did not exist; it is sufficient that the council, in open meeting assembled, declared that it did.

The seemingly draconian statutory instrument that brought Robbie to the brink of disaster is concerned with numerous and sundry provisions dealing quite properly with the licensing and control of Robbie and his friends, but Robbie's alleged offence has brought him within the definition of a "dangerous dog," which defines him as one that has "bitten a person without provocation" (which I might say includes puppies of any ilk) and also describes others with much more unpleasant characteristics.

Although referring to such "dangerous dogs" from time to time throughout its provisions, the threat of anonymous doom is contained in a final part (Pt. IV), which is said to be the justification and excuse for the apprehension, detention and execution without trial of poor Robbie. It reads as follows:

PART VI - DANGEROUS DOGS

38. It is hereby declared that a state of emergency exists in the Township of Langley with regard to the frequency and severity of unprovoked attacks on other animals and persons by dangerous dogs.

39. Where the Poundkeeper is satisfied that a dangerous dog is being kept or harbored on any premises contrary to the provisions of this Bylaw, the Poundkeeper may enter on such premises and seize any such dangerous dog and may impound same for a period of 10 days. If the dangerous dog is known to have inflicted a bite on another animal or a person, it shall be kept in isolation and if it is determined that the dangerous dog is suffering from rabies or any other incurable sickness, the Poundkeeper may immediately destroy such dangerous dog.

42. Where a dangerous dog which has been impounded pursuant to Section 39 hereof and reclaimed by the owner is subsequently found to be at large or not under control as required by this Bylaw, the Poundkeeper or any Peace Officer may enter on any premises and seize such dangerous dogs and may cause such dangerous dog to be destroyed.

The first step is to inquire into the question as to whether there was an emergency and then decide if a municipal council can declare, regardless of what any sane view might be of the problem, an "emergency" does exist so that their actions, otherwise somewhat shy on authority and circumstances, can become law without any inquiry as to their justification.

In my view, the key to the answer to these problems lies at the start, in the definition of an "emergency." An emergency, according to the Shorter Oxford English Dictionary, is: "the sudden (or unexpected occurrence) of a state of things."

And whereas the council has received an alarming number of complaints and reports of unprovoked attacks on other animals and persons by dangerous dogs, which sentiments are repeated and declared in s.38 (which I have already set out).

In addition, Ron Edwards, the municipal clerk, has attested that "prior to the adoption of the new bylaw, Langley had received an alarming number of complaints and reports of unprovoked attacks on other dogs and persons by dangerous dogs." But I note that none of these attacks have been itemized or particularized in any way and he does not suggest that these matters arose suddenly or without expectation. Indeed, the allegation is so vague that counsel did not seriously rely on it in argument.

In my view, there was in fact no situation that could be said to be an emergency and the provisions of the Municipal Act were used to superficially justify the use of powers not otherwise granted to the municipality.

In my view, any bylaw drafted to meet an emergency must be designed to deal with a specific situation, existent or immediately expected, and thus must be limited in time and cannot become a bylaw of perennial general application to future events.

The bylaw in the case at bar, insofar as it purports to have been passed under the emergency provisions of the Municipal Act, cannot stand.

Accordingly, I have come to the conclusion that the relief should be confined to a declaration that all sections referring to "dangerous dogs" shall be declared invalid insofar as they pertain to them, and Pt. VI is declared invalid in its entirety.

The plaintiffs will have their costs. As for Robbie, I trust he will apply to my judgment the immortal words of Christopher Morley, that "no one appreciates the very special genius of your conversation as a dog does," and he might well bear in mind that the common law only allows a dog one bite before he can be condemned.

Order accordingly.

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