Plus size dog discriminated against in walk at Cape St. Mary's, says owner

Pet owner furious with fallout from dog-walking infraction

Image | Moya the Newfoundland Dog

Caption: Owner Toby Maiuk says three-year-old Moya is always on a lead and "pretty much comes everywhere with us." (Submitted)

The owner of a Newfoundland dog who was fined for walking his pet at the Cape St. Mary's Ecological Reserve is accusing staff there of discrimination, and the RCMP of being heavy-handed.
Toby Maiuk said he didn't know the rules when he and Moya, a three-year-old Newfoundland dog, visited the reserve on a hot day last summer.
"When we pulled into the parking lot we saw two other dogs running free so I didn't give it any more thought," Maiuk told CBC Radio's St. John`s Morning Show.
They were close to the end of the trail when a staff member confronted them, saying Moya was not allowed on the property.
Maiuk said he hadn't seen the signs indicating dogs were not allowed. He had only seen dogs running free.
"So I said 'Look bud, we're just going to head up here and just show my nephew the sanctuary. No big deal. Then we'll turn around and come right back,'" he said.
Besides, he said, the dog was on a leash and the sheep that wander the trails pose more of a problem than Moya.
"There's sheep crap all over the place," he said.
When they returned to the parking lot Maiuk spotted the same employee taking pictures of his licence plate.
"'You didn't obey and turn around and come right back,'" he said he was told.
Maiuk said at that point he saw a woman walk out of the park office with a small dog in her arms, which convinced him they were picking on his pet because she was a large breed.
He said he was told 'You just worry about your dog,' when he asked if that was the case.
The renovation contractor from Paradise believes he and his pet were discriminated against.
"There wasn't a doubt about it. He actually targeted us because Moya is a bigger dog."

Turning himself in

The story took a turn at the end of May, when the RCMP got involved.
"Now I'm on the phone with an RCMP officer who's telling me that, sooner or later, they're going to come and arrest me," Maiuk said. "My only choice was to turn myself in and spend a few nights in jail until they could get me into court."
The courts had issued an arrest warrant because Maiuk had failed to respond to a summons that was sent in January.
Maiuk said the call turned his life upside down. He was terrified he'd get arrested in front of a client.
"For the next couple days I'm looking over my shoulder," he said.
Then on Thursday June 2 the fugitive decided enough was enough. He called the RCMP and told them he'd report to court in Harbour Grace the next morning.
When Maiuk showed up (with Moya in the truck) he was met by three RCMP officers in full uniform. They escorted him straight to what he called the "penalty box" and kept him under watch while court officials found time to hear his case. Four hours later Maiuk paid his $230 fine and was released.
"The prosecuting lawyer said he had never see anyone treated that way," he said.
"I have a very clean record. I've never dealt with anything like this before."

Rules are rules, says government

Maiuk says he's still cheesed at the bird sanctuary employee that singled out Moya and issued the ticket.
"He never bothered anyone else but the big dog."
In a statement, the Department of Environment and Conservation said regulations are in place to protect wildlife at the Cape St. Mary's reserve:
"The exception to this policy is service animals, which are permitted as long as they are being used for that purpose and are under control at all times. Pets are permitted at the visitor centre, and staff often provide bowls of water for visitors' convenience," the statement said.
The department also said that signs are posted, and visitors who do not comply risk being charged.