Judge upholds death sentence for mixed-breed pit bull that killed poodle

A Court of King's Bench justice has upheld an order to kill a female mixed-breed pit bill that fatally attacked a 12-year-old poodle in Saskatoon in October 2021.

On Feb. 16, 2022, a justice of the peace ordered that Gracie the pit bull be destroyed.

Anita Ahenakew, Gracie's owner, appealed the order. Justice Grant Currie rejected the appeal earlier this month.

"On Oct. 9, 2021, Gracie escaped from a yard in Saskatoon. At the time Annie [the poodle] was on a sidewalk across the street, on a leash beside her owner," Currie wrote in his decision.

"On escaping, Gracie crossed the street directly and seized Annie by the throat, shaking her. Annie died of the injuries that had been inflicted by Gracie."

Ahenakew and Gracie live on Ahtahkakoop First Nation and were visiting Saskatoon when the attack happened.

In her appeal, Ahenakew said that the dog had never done anything like that before and that she is a family pet and support dog. She argued the court did not offer sufficient reasons for ordering the destruction of Gracie, placed too much weight on aggravating factors and did not properly consider less severe sentencing options.

She also offered to take whatever steps ordered, including not travelling with the dog and keeping it muzzled, to save Gracie's life.

Justice Currie said the lower court considered everything that needed to be considered. He added that the unpredictability of the attack weighed into the decision.

"In concluding that he had little choice but to order the destruction of Gracie, the justice of the peace wondered aloud what would have happened if it had been a child that Gracie had attacked. He observed that lots of animals are at large, but they do not attack and kill another animal," Currie wrote.

"He was significantly influenced by the unpredictability of Gracie's attack, by it being out of character and unexpected, so that there is no way of knowing whether she might attack again."

The order to destroy the dog remains in force, but in recognition of a possible further appeal, may not be acted on for another 30 days from the Nov. 9 date of the judgment.