Whitehorse Daily Star

Dogs have made life unbearable, residents say

Some Tagish residents claim loud barking at all hours and the smell of dog poop from a dog rescue facility have become unbearable over the last five years.

By Emily Blake on September 20, 2017

Some Tagish residents claim loud barking at all hours and the smell of dog poop from a dog rescue facility have become unbearable over the last five years.

Tuesday was the first day of trial in the nuisance case against Shelley Cuthbert, owner and operator of Any Domesticated Animal Rescue and Boarding Kennels.

Last November, six of her neighbours launched a civil suit against her in Yukon Supreme Court.

They are asking for an injunction to prevent her from keeping any dogs on her property, which abuts their land.

Lawyer Graham Lang said his clients were “surprised” that their only remedy lies with the court. He noted there is no land-use plan nor bylaw in Tagish that regulates noise or animals that can be kept on properties.

Five Tagish residents testified yesterday. They shared similar claims of how their quiet residential neighbourhood changed when Cuthbert opened the dog rescue in 2012.

Gerald McGraw said he purchased his lot on the Tagish Estates Road in 1995 with plans of building a retirement home.

“It was a very quiet place to live,” he said, noting he had no issues before 2012, the same year he moved into his home full-time.

Even mushing dogs in the area were not a problem, he said.

But since then, the noise level drastically changed, McGraw claimed, and he has barely slept a full night without being awakened.

“They bark day and night; they don’t stop,” he said of Cuthbert’s dogs.

McGraw also said when Cuthbert first moved to Tagish, there was no fencing around her property and her dogs often got loose.

“I was scared of those dogs; they weren’t friendly at all.”

And while Cuthbert built a fence early on, McGraw said there’s a section of his property he still won’t go to out of fear of the dogs.

He testified that he recently tried to build a fence on his land for extra protection but become too scared of the dogs lunging at Cuthbert’s fence to finish.

“I’m on my own property and I can’t do what I want to do.”

He won’t even sit outside by his firepit anymore because of the noise, he added.

“This situation is unreasonable, sometimes unbearable,” he said. “I need the situation to change; there’s something wrong there; it’s just not right.”

Anne Middler bought her property, one lot away from Cuthbert’s, in 2004.

“It was a really peaceful place to be,” she said.

She noted that she stayed there part-time in a small sleeper shack.

“When you live in a 12 by 14 space, your living room is the outdoors.”

In 2011, Middler began building what she described as her “dream home” on the land with plans to live there full-time. It was completed, and she moved in by Thanksgiving of 2012.

But she said the dog rescue opening earlier that year was “a real turning point.

“When the facility opened, everything kind of fell apart, the social fabric of the community,” Middler said.

And she said that while some people support Cuthbert and think she provides an important service, the rescue is not appropriate for a residential community.

Middler said problems began when she was in her rhubarb patch with her young daughter and two large, threatening dogs she believed to be Cuthbert’s approached.

Since then, she said, she has had to deal with “constant, angry, aggressive barking.”

She detailed one evening when she was so frustrated with the noise that she pulled into Cuthbert’s driveway at 1:00 or 2:00 in the morning with plans to confront her.

While she couldn’t recall whether she made it to the front door, Middler said, she was so frightened by the dogs in the back of Cuthbert’s truck that she got back in her vehicle and returned home.

And Middler said despite calling the RCMP, talking to an animal welfare officer and the local advisory council over the years, nothing has gotten better.

“I really thought there was going to be something that could be done to at least allow us to sleep at night.”

Now Middler doesn’t live in Tagish full-time and doesn’t spend much time outdoors there either.

She also said she avoids walking past Cuthbert’s property and believes the dogs are “living weapons.

“I don’t want this dangerous community of dogs to know me, to smell me.”

Middler was emotional as she shared fears about the safety of her daughter.

“I just always thought, is it going to be my kid that has to be sacrificed?’ ”

Stefan and Ursula Angerer have lived in Tagish since 1998, and bought a plot of land behind Cuthbert’s current property in 2002.

They had intended to build a house there to rent out, but Stefan testified “that’s out of the question now.”

He claimed the noise from the rescue has gotten worse since 2012. He can often hear dogs fighting, even from his home five kilometres away, he told the court.

“It never really stops,” he said.

The court was shown two videos Angerer took on his property with sounds of loud barking in the background.

On cross-examination, it was brought up that the RCMP have spoken to Angerer about filming Cuthbert’s property.

At one point, he posted a live video stream of the property on social media, claiming that Cuthbert is away from her home 20 hours a day.

There was also a dispute between Cuthbert and Angerer about who owned the fence posts between their land.

And Angerer said he has allowed people on his land to see if their dog is in Shelley’s yard.

His wife, Ursula, also testified about taking care of the Selingers’ house, which is located behind Cuthbert’s property, in the winter time.

A video taken last October was shown to the court. It depicts Angerer walking around the home when a group of dogs run to the fence and begin loudly barking.

She said this happens every time she goes to check on the house. She added that you can also smell dog poop from the property, especially in the spring.

“I don’t think this rescue operation fits in there. I’m just sorry for the dogs,” she said.

Finally, Stefan Landfried, who runs a bed and breakfast in the area, testified. He moved to Tagish from Germany in 1998, and said he built three log cabins from scratch.

“It was a beautiful place and a quiet neighbourhood.”

Now, he said, he has to apologize to guests because of the noise from dogs barking. As well, he has been woken up many nights over the years, and is worried about the safety of his daughter.

“I want to enjoy my peace and quiet and I can’t anymore. I can’t even enjoy my own home anymore,” Landfried testified.

The court watched 16 short videos Landfried had taken between October 2016 and August 2017 on different parts of his property, which shares a corner with the rescue.

Barking can be heard in each of the videos, and is amplified by echoes across the flat land.

“You feel helpless because nobody can help you,” he said of the situation. “This is my life now.”

During cross-examination, Cuthbert, who is self-represented, noted that she has never met many of her neighbours who are testifying against her.

She also questioned how they know the barking sounds are coming from her property, as there are many other dogs, including teams of sled dogs in the neighborhood.

All of her neighbours, however, testified they are sure where the sounds are coming from, and that they do not have a problem with other neighbours’animals.

But many of them admitted they do not have experience training dogs and have never been inside the rescue.

Yukon Supreme Court Justice Leigh Gower is presiding over the trial, which is scheduled for three days.

The Crown is expected to conclude their case today, and Cuthbert will begin presenting evidence in her defence.

Comments (16)

Up 0 Down 0

Emma on Sep 26, 2017 at 4:51 pm

Miles Ocean I have family that lives in Tagish and has for 40 years. There is "dog friendly" and there is "newly over-obsessive dog hoarding". Tagish is a lovely community and I can't help but feel for the people who have lived there (quietly for the majority of their lives). It IS stinky. It IS loud. It is the kind of situation that would be a horror show having to live close by. I feel for these people on all levels. This woman decided to "save" dogs. Well, good on her. But there are other people to consider in this situation. If she lived on 20 acres sure as sh*t it would be ok. But her thing? It is far from ok.

Up 5 Down 5

Miles Ocean on Sep 26, 2017 at 3:26 pm

Large dog teams and operations like this are forms of noise pollution. Why not create a sub-division where dog teams and dog rescue facilities are welcome.

If u do not like the noise and smell then do not buy and live in the dog friendly sub-division I talk about.

Up 10 Down 10

So on Sep 26, 2017 at 11:28 am

So we have a so-called assistant trapper that thinks dogs - yes dogs - are living weapons. Something is not right here. Screw loose as PSG so aptly put it?

Up 3 Down 7

Josey Wales on Sep 25, 2017 at 10:18 pm

Hey Alex...seem to recall you saying that before?
Suggestion, pass it on by when you see me.
Rekon many are able to understand my gibberish, as I tend to upset some folks, have to support of others. Sorry about your eyes Alex.

Up 13 Down 4

Alex on Sep 25, 2017 at 1:53 pm

My god josie... your word salads hurt my eyes.

Up 7 Down 13

Josey Wales on Sep 25, 2017 at 8:05 am

Unbearable? Gee...kinda how I feel on the level of CRIMINAL activity in my community, and just look at all the solutions presented?
Her views on dogs are like the courts and crime, we can save everyone with enough coddling.
Clearly her epic dog fetish is creating problems, so too is the attitudes from folks participating in this mob justice.
Chronic barking is a drag, so are sirens, so are yelling drunks, so is white collar crime...WE ARE RIFE with it here, so are many many idiot drivers, so is the enabling of race based justice....heaps create division in our communities.
Much like the SIMA piggy banks downtown, waaaay easier to pick the stuff near the ground...far less effort required.
Perhaps the effort put into solving community issues needs to be ramped up?
Or has the...”as long as I have mine” mantra evolved to cover all in the yukon vs. Just our nobles and their epic sense of entitlement?
Her canine society could use a cull, so too could ours...but the Trevor the human types have too many high paid handlers and the whole territory is their kennel.
Who gets bit next?
...speaking of public safety and community cohesion which is absolute...

Up 11 Down 4

Really? on Sep 22, 2017 at 11:47 pm

Living weapons? Really?

Up 11 Down 4

Lennie on Sep 22, 2017 at 1:23 pm

I have lived beside neighbours with dog teams and neighbours with nuisance BARKING DOGS. The dog teams are a dream and usually are noisy when being fed or a wolf or some other strange animal or person sneaks around. Those noisy untrained nuisance dogs are impossible. And they wonder why some of those animals are shot or poisoned. The problem will eventually be be dealt with so hope the Courts deal with this before it gets converted to something more serious.

Up 13 Down 3

shaggydog on Sep 22, 2017 at 10:45 am

it is definitely not fair to residents. Suppose some of the residents are senior citizens moving there for peace and quiet. Personally I get ticked off when a next door neighbor has the radio blaring so I can't even enjoy my own acre. Luckily my shack is relatively sound proof. I lived on Tagish estates when it was only 3 lots. I moved out when the subdividing turned into a major development by a private owner. I think they complainants need to enlist all members of the Tagish community.

Up 10 Down 17

no one wins here on Sep 22, 2017 at 10:00 am

I'm not sure how these dogs can be so threatening and a danger to people if it not once mentions that they are on the loose except when she first moved there and there was no fence--but didn't mention of any attacks. If they scare you, don't go so close to the fence. Also, if you stay away from the fence, they probably won't bark and protect their area. And people need to get over that stigma of "bully" dogs. I have met more pitbulls/rottweillers/shepherds that I am less afraid of than a terrier. They have a loud bark but a lot are total sweethearts.

Don't get me wrong, I would be mad too if there was a lot of barking but dogs don't usually just bark for no reason--they are usually provoked. And it sort of sounds like there is a lot of outside provoking and not just from the neighbours.

I don't know Cuthbert at all. But I do give her huge credit for taking in these animals. I'm more concerned about the dogs and what will happen to them. It's not her fault there are so many irresponsible owners out there. At least someone is taking responsibility for them.

Up 6 Down 1

Max Mack on Sep 21, 2017 at 4:01 pm

Problems with the up/down buttons . . . telling me I've voted already when I haven't in most cases.

Up 35 Down 25

Wait a Minute on Sep 21, 2017 at 1:55 am

Wait a minute here. Is this the same Anne Middler that works for the Yukon Conservation Society? The self-proclaimed assistant trapper? Check her profile on the YCS site. So let me get this straight....she can walk up to a wolverine in a trap that may or may not yet be dead, but is afraid of these so-called "dangerous" dogs that have not done anything but bark and breaks down crying on the stand?

Up 21 Down 14

Yukon Watchdog on Sep 21, 2017 at 12:43 am

While I don't doubt the constant barking would be downright annoying, I'm having a hard time with some of the witness statements. "Living weapons"? "Community of dangerous dogs"? "Couldn't remember if she made it to the door or not"? "Ruined the social fabric of the community"?Broke down in tears? It doesn't sound as though there has been any "dangerous" activity. Sensationalizing for self-serving reasons, sounds to me.
Cuthbert should definitely have a lawyer. As Max said, without one, she will lose and will lose big time.

Up 24 Down 2

CJ on Sep 20, 2017 at 9:45 pm

It's odd that there's no local avenue for complaints. Is that typical for Yukon communities?

I sympathize with the dog rescue, but these people sound pretty level-headed and honestly, if my neighbourhood was subject to noise like they describe, I'd be upset. People want to spend a lot of time outside on rural properties. And some people are really scared of dogs. But they don't seem to have documented all the things they tried before going to court. I think the big issue is how conflict is resolved in this kind of situation. And also, how does anyone know she's actually taking good care of the dogs?

Dog teams (in my experience) can be noisy but only periodically, when there's something to bark at, or the odd canine drama. So I can believe that they're finding this a different level.

Up 37 Down 7

BnR on Sep 20, 2017 at 7:22 pm

I think Cuthberts past and reputation speaks for itself.

Up 29 Down 21

Max Mack on Sep 20, 2017 at 3:43 pm

I've lived near sled dogs, and their constant barking and howling can be unnerving. While I cannot attest to the validity of complaints about Cuthbert's dogs, I strongly doubt the claims that neighbourhood sled dogs are relatively quiet.

Cuthbert should strongly consider hiring the best lawyer possible. Appearing unrepresented is almost a 100% guarantee that she will lose this case - and lose badly.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.