Legal experts question whether police who shot dog in Windsor backyard had grounds to be there

Legal experts are questioning whether police, who shot and killed a Windsor woman's dog in her backyard, had the legal right to be there in the first place.

Without all the details, defence lawyers say they can't say for sure whether Windsor police were in the wrong, but say there are certain legal grounds that needed to be met for them to enter the backyard.

Ten-year-old Chloe, a Rottweiler Doberman mix, was shot and killed Thursday morning in owner Diane Scott's Forest Glade backyard after police arrived at her door. 

Scott told CBC News that she let the dog out into the backyard when she heard a knock at the front door as the dog gets excited around people. 

She says she opened the door to two police officers who were looking for her son's friend. But Scott wasn't aware that officers had also entered her gated backyard, where they ended up shooting the dog. 

Criminal defence lawyer Ari Goldkind said he was "outraged" when he saw the story. 

He said unless the officers were in pursuit of the suspect, had a search warrant or were invited in to the woman's backyard, that they shouldn't have been there. 

"The idea that they went into that backyard where that dog was placed for officers' safety and as a result of her putting that dog in the backyard to protect officers, one officer blew that dog away that officer should be deeply ashamed," Goldkind said. 

Criminal defence lawyer Bobby Russon told CBC News Monday that police need to be able to justify it being necessary for them to enter the backyard. He said that even if their reason is to make sure the suspect didn't run, he doesn't see why they'd have to physically be in the gated backyard at that point in time. 

He also said that police should have been more selective with the device they used to subdue the dog, which police described in a news release as being "aggressive" and "lunging at them and attempting to bite them multiple times." 

In the release, police also said the officer "believed their safety was in jeopardy," which is why they shot the dog. 

The release said officers were at the home to arrest a person wanted for "serious offences in another jurisdiction."  The suspect was arrested at the house.

"There was time [for police] to think and react if there were multiple attempts, why wouldn't they use the multitude of non-lethal weapons that they have?" Russon said.

"It's hard to imagine, based on the facts we know, what additional facts could come in that would justify that level of force." 

Russon added that he was "disgusted" when he first heard what had happened. He says police should be expected to pay the vet bill, which Scott says came out to $3,955, not including a possible cremation. 

Officer should be 'deeply ashamed' 

Goldkind encouraged Scott to seek out a lawyer and get support for her situation, noting that otherwise the officer likely won't face repercussions.

Anthrozoology professor Beth Daly spoke with CBC Radio's Windsor Morning host Tony Doucette Monday and said that certain animal welfare laws might allow for Scott to receive some type of compensation for "emotional distress." 

"There could possibly be recourse in an area like that but again it was so impulsive and reactionary on the officer's part that I'm sure there was no actual intent here," she said. 

Windsor police said the Special Investigations Unit, which investigates instances of death, serious injury or allegations of sexual assault involving an officer, won't be looking into the case since dogs are considered property. 

CBC News spoke with Scott Monday, who said police still haven't reached out to her since the shooting. 

Daly said there's educational interventions designed to teach officers about dog encounters, signals of an approaching dog and recognizing their behaviour. She said workshops like these might be good for officers to attend.