$18,000 per dog owner in Calgary

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A Calgary judge on Monday ordered a city dog ​​owner to pay $18,000 in fines and surcharges in connection with a fatal attack on his pet in what he called the most serious case of its kind.

Judge Gord Wong also banned Denise Bagarich from owning pets for the next 15 years, saying it could be longer if the city requests it.

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“It's less serious than what happened here,” Wong said, noting that dog owners need to be sent a message about the dangers of letting them loose and allowing them to attack people.

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Bagarich previously pleaded guilty to two counts of allowing an animal to cause serious injury to a person and allowing three Staffordshire Americans to roam at large under the Responsible Pet Ownership Act.

Defense attorney Rabi Ahmed argued that a pet ban would be merely punitive and unnecessary for his client, who he called a responsible dog owner.

But Wong disagreed with the suggestion that the ban would only be an additional penalty and that Bagaric was the responsible owner.

“The law is clear that general deterrence and denunciation are particularly important,” said a Calgary court judge.

“Banning animal ownership promotes general deterrence and is not merely punitive.”

City Attorney Ben Leung asked for a 10- to 15-year ban, saying a longer term would be warranted if all three of Wong Bagarich's dogs were found to be involved in the June 5, 2022, fatal attack on Betty Ann (Rusty) Williams.

But Wong says whether it's one dog or three, a 15-year ban is warranted.

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“The defense alleges that the accused is a pet owner. I don't agree with that,” Wong said.

“All three (Bagaric's dogs) are a danger to society.”

According to Wong's neighbor's testimony, all three dogs surrounded and bit Williams, 86, during the attack in an alley behind 1516 21st Ave., after the animals escaped Bagarich's fenced and gated yard.

“When a man tried to come to Ms Williams' aid, two of these dogs confronted him and forced him back,” he said.

The judge said Bagarich, who is still fighting the city's request to euthanize the other two dogs, knew from the start that all three were a danger.

“It is irresponsible not to take any action to euthanize all three at once,” Wong said.

Wong accepted Leung and Ahmed's joint plea for fines totaling $15,000 and added a 20 percent victim surcharge, bringing the total to $18,000.

Leung asked the judge to order the two remaining dogs euthanized under the Dangerous Dogs Act (Bagarich agreed to euthanize one of the animals in February), but Wong said he would leave that to another court.

A date for the animal boarding hearing will be set next week.

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