The much-discussed dog breeding case concerns the Cavalier King Charles Spaniel and English Bulldog breeds. The case has now been decided in the Supreme Court. According to the judgment of the Supreme Court, breeding the Cavalier dog breed is against the law. The reason is the breed’s health challenges. In contrast, the Supreme Court states that breeding English bulldogs is possible under a specific breeding program. – It is clear that we are a little disappointed that they are maintaining the ban on breeding cavaliers, says head of the Norwegian Kennel Club, Nils Erik Haagenrud to news. VICTORY: Head of Animal Protection Norway, Åshild Roaldset, believes the verdict is a victory. Photo: Håkon Sparre / NMBU Head of Animal Protection Norway, Åshild Roaldset, believes the verdict is a victory. – We think that the verdict is a huge victory for our dogs. We consider unethical breeding to be the most important animal welfare problem with our dogs, says Roaldset to news. Sending a signal The head of Animal Protection says the verdict sends a clear and important signal to the dog community. – We think it sends a strong signal to the bulldog community as well, and to other breeds with the same problems that bulldogs have, says Roaldset and continues: – The Supreme Court is clear that it is inappropriate for dogs to have breathing problems. NKK says they have no problem with stricter requirements being set when it comes to bulldogs. – What worries us now is frivolous breeding of cavaliers, says Haagenrud. What do you mean? Do you agree with the verdict? Appealed several times In the autumn of 2021, the Norwegian Kennel Club (NKK), the Norwegian Bulldog Club, the Norwegian Cavalier Club and six breeders were summoned by Animal Protection Norway. Animal Protection Norway believes that the two dog breeds have such serious health problems that they should not be bred any further. In January, the Oslo District Court concluded that it is contrary to section 25 of the Animal Welfare Act to breed from the dog breeds for NKK, two purebred dog clubs and six breeders. § 25. Breeding Breeding must promote characteristics that give robust animals with good function and health. Breeding shall not be carried out, including through the use of genetic engineering methods, which: a) Change genetic systems in such a way that they negatively affect the physical or mental functions of animals, or which perpetuate such genetic systems. b) Reduces the animal’s ability to exercise natural behaviour. c) Arouses general ethical reactions. Animals with hereditary systems as mentioned in the second paragraph shall not be used in further breeding. Source: lovdata.no NKK chose to appeal. They wanted to document that there are healthy individuals among the relevant dog breeds. In November last year, they were upheld by the Court of Appeal for the English bulldog, but not for the cavalier king charles spaniel. According to the judgment from the Borgarting Court of Appeal, it is against the law to breed cavalier king charles spaniels. The reason is the breed’s health challenges. This too was appealed by the NKK, and thus the case came up in the Supreme Court. That is why animal protection chooses these breeds. On its own website, Animal Protection Norway writes a justification for why it is the English bulldog and cavalier king charles spaniel that they choose to focus on. These are two breeds where we believe there are no healthy individuals left to breed from. Any breeding within these breeds is a breach of the Animal Welfare Act. The individuals within each race are closely related, and produce diseased offspring. The Cavalier is predisposed to more than 25 hereditary disorders. Some of these are very painful. The Norwegian Kennel Club (NKK) has itself approached The Kennel Club and asked to cross-breed cavalier. NKK writes in hundesport 3/17 that it is very difficult to breed out of the problems of the cavalier, without crossing in a healthy dog from another breed. The English bulldog is predisposed to 40 hereditary disorders. Studies show that almost all English bulldogs have varying degrees of hip dysplasia. In addition, the bulldog club says that approximately 95% have a caesarean section, over 90% are inseminated, over 50% have skin problems and more than 40% have eye problems. DNA tests show that all or almost all English bulldogs have robinow like syndrome. The syndrome predisposes to, among other things, back problems that can lead to paralysis and cleft palate. These are therefore two very sick dog breeds, which have also been so inbred over many years that all the individuals within the breed are genetically closely related and we believe that the Animal Welfare Act prohibits further breeding of these breeds. – Want healthy dogs If there is to be an opportunity to preserve the cavalier breed, Animal Protection believes that scientific cross-breeding must be initiated. – If you want to save the most vulnerable breeds, crossbreeding is the only option. We think it’s a great breed, and want it to be preserved, but then it has to be cross-bred, says Roaldset. – The Cavalier is now so inbred and sick worldwide that cross-breeding is the only way to save the breed, she says. Haagenrud says that what is important for all dog breeding is that sick individuals are not used further in breeding, but that this does not mean that everyone else gets the same disease. – We are keen to have healthy dogs. Nobody wants sick dogs, or to breed from sick dogs, he says. – Is there a possibility that it could become a black market now? – It certainly is, says Haagenrud. BLACK MARKET: Leader of the Norwegian Kennel Club (NKK) Nils Erik Haagenrud fears that the breeding ban on cavaliers will lead to a black market for the breed which will make the dog’s health worse. Photo: Terje Haugnes / news Animal Protection, for its part, is not as concerned that it could become a black market now that the Supreme Court has ruled that breeding cavaliers is against the law. – We are not afraid of that. Most people want healthy dogs and most people respect the law. When the breed is so sick that further breeding is illegal, most people will understand that you have to choose another breed, says Roaldset. New regulation In June, the Norwegian Food Safety Authority submitted a preliminary proposal for a new regulation on dog breeding. The regulation has been ordered by the Ministry of Agriculture and Food, and will apply to all dogs in Norway. One of the points in the proposal reads as follows: “A key condition for being able to use dogs in breeding is that the dogs do not have hereditary characteristics that will put the offspring at risk of unnecessary stress.” The Norwegian Food Safety Authority also proposes to define illegal inbreeding of dogs by prohibiting breeding between full and half siblings, and between offspring and parents or grandparents. There is also a proposal that all dogs should be examined by a veterinarian before they are used in breeding for the first time.
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Supreme Court judgment on dog breeding – news Norway – Overview of news from different parts of the country
