. . . .
The applicants apply to have by-law 5421/90 of the respondent, The City of Winnipeg (the City) quashed on the grounds that the by-law is:
(a) Vague and uncertain,
(b) Unfair, arbitrary and unreasonable, and
© Discriminatory.
The by-law has been described, and will be described, as the “pit bull by-law”. The pit bull by-law amends City by-law 2443/79, being the pound by-law of The City of Winnipeg.
. . . .
I will now deal in seriatim with the grounds delineated by counsel for the applicant.
Vague and Uncertain
The focus of the pit bull by-law is clear and precise. . . . As a guide to identification and enforcement of the pit bull by-law the history, description and pictures of the pit bulls are indicated in the schedule to the pit bull by-law. More particularly, section (g) (v) of the pit bull by-law which Mr. Prober describes as the “look alike provision” permits identification by resemblance. . . .
The scope and effect of the pit bull by-law are clear and understandable by a reasonable person. . . .
Accordingly, the first ground fails.
Unfair, Arbitrary and Unreasonable
. . . .
According to that mandate, unreasonableness, absent fraud, bias or bad faith is not a ground for setting aside the pit bull by-law.
Municipal by-laws must be considered on the confident assumption that they represent the will and consensus of the voters’ elected representatives.
. . . .
I reject the applicant’s argument that the pit bull by-law is unfair, arbitrary and unreasonable.
The By-Law is Discriminatory
The issue of discrimination is the third ground of attack. I refer to Rogers, The Law of Canadian Municipal Corporations, 2nd ed., vol. 2 (Toronto: Carswell, 1991) at page 1023, under the rubric, “discrimination”. He says, if there is legislative authority:
“The fact that a by-law is passed to benefit a particular group, even at the expense or to the prejudice of another group, is not sufficient to invalidate it on this ground so long as a council acts in what it regards as the best interest of the public.”
. . . .
For the above reasons I reject the application of the applicants with costs.