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Thursday, October 05, 2023

More whales are dying. Conspiracies are leading to threats against the rescue teams

Story by Sam Riches •
 National Post

A North Atlantic right whale mother and calf in waters near Wassaw Island, Ga.

For the past seven years, the U.S. National Marine Fisheries Service has been monitoring a spike in whale strandings along the entire East Coast.

The agency has declared the ongoing situation an “unusual mortality event,” or UME, for humpback whales. More than 200 humpback strandings have been reported since 2016 along the eastern seaboard, from Maine to Florida.

The National Oceanic and Atmospheric Administration’s (NOAA) Fisheries Department says it has conducted partial or full necropsy examinations on about half the whales, with 40 per cent of those examinations showing evidence of human interaction, such as entanglement or ship strikes.

But theories about offshore wind energy projects contributing to the deaths have risen alongside the strandings, despite the NOAA rejecting those claims.

14 whales, one dolphin have died at Marineland since 2019: government documents

More than 50 pilot whales perish after washing ashore on Scottish island

“To date, no whale mortality has been attributed to offshore wind activities,” said Lauren Gaches, director of public affairs for NOAA Fisheries, during a media teleconference earlier this year .

“There are no known connections between any of this offshore wind activity and any whale stranding regardless of species,” added Benjamin Laws, deputy chief for the permits and conservation division at NOAA Fisheries.

Despite these reassurances, the evidence for what is causing the strandings is limited. There are challenges associated with examining whales, which can be reported floating far offshore or already in an advanced state of decomposition.

Conducting necropsies often requires the use of heavy equipment, like front loaders and backhoes, and the location of the whales can make that difficult.

“Sometimes it’s very remote on a barrier island, for instance, sometimes it’s on a protected area where there’s nesting seabirds. And so our ability to actually access them and do a full examination can be really Limited,” said Sarah Wilkin, national stranding and emergency response coordinator with NOAA Fisheries.

Wilkin added that, generally, the state of decomposition is a major factor in preventing scientists from determining a definitive cause of death.

“That can be frustrating. We want to know the answers and our partners in the Stranding Network want to know the answers. We want to do these examinations to try and understand what impacts are happening on whales and other marine mammals in the ocean so that we can inform management, so that we can make changes to human activities that can reduce the injuries and deaths that could be being caused by our activities — but it just isn’t possible in many cases.”

While scientists do know that human interaction is a contributing factor in whale strandings, it hasn’t stopped special interest groups and politicians from joining efforts to lay the blame on wind energy products.

“The windmills are driving them crazy,” former U.S. President Donald Trump said at a rally in South Carolina earlier this week. “They’re driving the whales a little batty and now they’re washing up on your shores in numbers never seen before.”

Trump’s comments were in response to an NOAA proposal calling for seasonal speed restrictions for boaters along the East Coast in an effort to reduce vessels striking endangered North Atlantic right whales.

“The Biden administration is right now trying to bludgeon the boating and maritime industry,” said Trump.

Non-profits caught in the crosshairs


On the East Coast, one New Jersey-based non-profit organization has borne the brunt of the wind energy concerns.

The Marine Mammal Stranding Center (MMSC) oversees nearly 3,000 kilometres of coastline and tidal waterways from Maine to Florida. The organization says it has responded to over 6,000 animals since it opened in 1978 , ranging from sea turtles to bottlenose dolphins to large whales.

Over the past year, however, its staff members have been accused of being “whale murderers” and received threats from those who believe the organization is covering for offshore energy interests.

Volunteers with the organization have been threatened and forced to contact police. Earlier this year, the organization said one man burst into their office “demanding answers.”

“He just starts (yelling), ‘I want to know, I demand to know,’” Shelia Dean, 75, the group’s director told Time . “He was very frightening.”



University of Montreal teams perform a necropsy on a humpback whale in Sorel, east of Montreal, on Wednesday, June 10, 2020.
© Allen McInnis / MONTREAL GAZETTE

One theory suggests that scientists are purposely not examining the whales’ inner ears in an effort to hide damage from sonar systems used in offshore wind mapping. MMSC explained to Time that examining ears is challenging, especially in decomposed whales.

Dean explained that to examine the inside of an ear, the bone casing has to be carefully opened and, in a state of decomposition, won’t reveal any details.

“After they’re dead three or four days … it’s mush inside,” she said. “You look at the flesh [of the whale] and it smells and it’s starting to get jellylike. You’re not going to get anything out of this at all.”

Another theory suggests that organizations like MMSC aren’t examining the animals as thoroughly as possible. But like the NOAA, MMSC cites the difficulties in performing full necropsies due to time constraints and logistical challenges.

Funding can also be an issue. The NOAA says that the costs are usually covered by the individual Stranding Network organization that conducts the response. But in some cases, such as UME investigations, NOAA Fisheries may provide additional funds .

This is in addition to assistance from local jurisdictions that assist with moving and disposing of large animals.

Dean told Time that funding MMSC is a challenge, though the organization does receive some assistance from the federal government for its necropsy work. Offshore wind companies have also offered support in the past, but Dean said she turned them away for fear of appearing biased toward their development.

The lack of clear answers doesn’t help dispel the wind energy narratives but rescue organizations say the reality of investigating whale deaths is complex and often inconclusive.

During the teleconference call in January, Laws attempted to clear the air.

“I just want to be unambiguous,” he said. “There is no information that would support any suggestion that any of the equipment that’s being used in support of wind development for these site characterization surveys could directly lead to the death of a whale.”
U.K. scientists find a potential answer in historic stranding incident

In July, one of the worst strandings in the recent history of the U.K. took place in the Western Isles, a group of islands located off the west coast of Scotland.

A pod of 55 long-finned pilot whales, including several pregnant females and maternally dependent calves, washed up in North Tolsta on the Isle of Lewis. Only one of the animals survived.

The Scottish Marine Animal Stranding Scheme (SMASS) was tasked with carrying out the post-mortem examinations. Led by veterinary pathologist Dr. Andrew Brownlow , the investigation was described as a “monumental task” and a “race against time.”

That examination revealed that one of the whales appeared to have birthing issues.



A pod of 55 pilot whales washed ashore on a beach in Scotland in July in one of the worst mass whale strandings in the area.
© Cristina McAvoy/BDMLR via AP

“This would have caused obvious stress to the individual, and due to the close family ties of this species, could have potential further significance for all of the members of the pod,” SMASS wrote in an Instagram post in July.

In an interview with Reuters , the British Divers Marine Life Rescue (BDMLR) also lent support to this theory.

“Pilot whales are notorious for their strong social bonds, so often when one whale gets
into difficulty and strands, the rest follow,” BDMLR said.


Thursday, August 24, 2023

Canada: 14 whales have died at aquarium since 2019, exposé reveals

Tracey Lindeman in Ottawa
THE GUARDIAN
Thu, 24 August 2023 



Fourteen whales and a dolphin have died since 2019 at a popular Canadian aquarium and theme park, according to a new exposé by the Canadian Press.

Of the marine animals that have died, 13 were belugas and one was Kiska – the world’s loneliest orca, who died of a bacterial infection after four decades in captivity, the last 12 of which were in isolation.

The cause of death of the other 14 animals remains unclear.

Since January 2020, Ontario’s provincial animal welfare services has inspected Marineland 160 times. In 2021, it said all of Marineland’s marine animals were in distress because of the quality of the water and ordered the park to make improvements.

Canadian Press published its revelations on Thursday after receiving documents through access to information requests. A journalist, Liam Casey, said this story got him banned from Marineland.


Marineland, which opened in 1961, is also home to land animals including bears, bison, elk and deer, according to its website.

Earlier this year, the province charged Marineland over failing to provide adequate enclosures and water access to its three black bears.

Animal welfare activists have long accused the park of cruelty and abuse for keeping animals in unfit tanks and enclosures. Many of the sea animals at Marineland are trained to perform tricks in exchange for fish.

The former Marineland employee and whistleblower Phil Demers spent a decade trying to free Smooshi, a walrus he had previously trained and had since plotted to steal because of concerns over her health and safety.

This past spring, Smooshi and her calf Koyuk were relocated to SeaWorld in Abu Dhabi.



Marineland has steadfastly denied any mistreatment. “We have a strong record of providing for the welfare of our animals and will continue to prioritize their health and wellbeing as a central focus of our mission,” reads a website post signed by Marie Holer, who took over the park after her husband and Marineland’s founder died in 2018.

Reports in January showed Marineland is looking for a new buyer to help it “evolve, develop and grow”.

Wayne Gates, a member of provincial parliament in Niagara Falls, told the Canadian Press the time has come to repurpose Marineland.

Thursday, July 20, 2023

Wildlife group, Toronto Zoo push for increased regulations in Ontario

Author of the article: Kevin Connor
Published Jul 18, 2023 • 
Mila, the Toronto Zoo's Amur Tiger. 
PHOTO BY TORONTO ZOO /Toronto Zoo
Anyone can own a zoo in Ontario and this province has been ranked “dead last” in a zoo regulations report card.

On Tuesday, the World Animal Protection Canada and the Toronto Zoo released a report card of Canada’s zoo regulations.

The report card says Ontario has “weak and non-existent” regulations and enforcement for the use of wild animals in private zoos.

The report card looks at provincial licencing of zoo facilities, permit system for non-native wildlife, permit system for native-wildlife, animal welfare,and public safety and security.,

“In Ontario, you don’t need expertise, a reason or a licence to operate a zoo or buy dangerous animals like a tiger or lion,” said Michèle Hamers,campaign manager for World Animal Protection’s Wildlife. “This is why Ontario ranks dead last and why we are working with the government to get this done for once and for all. We are pushing the province to implement what other provinces like Alberta and Quebec have done already. We want to see a mandatory province-wide zoo licensing system and meaningful and enforceable standards to safeguard animal welfare and public health and safety.”

WAPC says Ontario has the largest number of roadside zoos in the country with up to 30 locations including backyard zoos.

Yet, there is no tracking of how many of these facilities exist or what animals they house.

Dangerous animals at these facilities put the public at risk, WAPC says.


Toronto Zoo says goodbye to grizzly bear Samson with Indigenous ceremony


“At your Toronto Zoo, our commitment to wildlife care extends beyond the Zoo site. There are far too many individuals and organizations operating without any regulation on how they care for animals,” said Dolf DeJong, CEO, Toronto Zoo.

“As an AZA accredited Zoo, your Toronto Zoo believes in our responsibility to meet animal wellbeing standards AND to push for the standards to continue to evolve. These animals deserve better, and we support the calls for stronger regulations in Ontario to protect exotic animals in unaccredited roadside zoos and in private ownership. We know better, so let’s do better, together.”

World Animal Protection has reported on hundreds of concerns at 11 roadside zoos that include animal deaths.

That includes the death of Kiska the orca and charges at Marineland.

“Our ongoing work has been driving the province to launch investigations at these facilities. But the patchwork system, where non-compliance is the norm, needs to stop, once and for all.” Hamers said.

Wednesday, May 31, 2023

SHUT IT DOWN
Canada's Marineland theme park charged over its handling of black bears

Protestors stand outside Marineland in Niagara Falls, Ontario in May 2023.Protestors stand outside Marineland in Niagara Falls, Ontario, in May 2023. Photograph: Canadian Press/Shutterstock
Park has long been a target of activists who have sought to shut it down over the lack of care given to its captive animals

Leyland Cecco in Toronto
THE GUARDIAN
Wed 31 May 2023 

A theme park in Canada is facing charges for its handling of black bears in captivity, placing fresh scrutiny on a park that animal rights activists have long sought to shut down.

Ontario’s ministry of the solicitor general said on Wednesday it had laid the charges against Marineland, an amusement park on the Canadian side of Niagara Falls. The province said the park had failed to comply with an order related to its captive American black bears.

The province did not provide additional information about the charges, laid under a section of the law allowing provincial inspectors to issue an order to help animals that may be in distress.

It is unclear how many bears remain at the facility. In 2016, the province’s animal welfare agency charged Marineland with five counts of cruelty, including failing to provide adequate and appropriate food and water for its 35 American black bears. The next year, it faced six more counts of cruelty.

Marineland, which has long been a target for activists who argue the park has a moral responsibility to release the animals it keeps in captivity, did not immediately respond to a request for comment on the new charges.

The charges are the latest in a string of high-profile incidents at the park.


Death of ‘world’s loneliest orca’ sparks calls for change

Two months ago, a captive whale named Kiska, dubbed the “world’s loneliest orca” died from a bacterial infection after spending four decades at Marineland. In a video clip before her death, the 47-year old whale is seen drifting listlessly in her tank.

Marineland continues to advertise its beluga whales, some of which it has sold in recent months to aquariums in the United States for “research purposes”, according to the export permits.

In December 2022, Ontario prosecutors stayed animal cruelty charges against Marineland following allegations it was using dolphins and whales for entertainment, violating a federal law that bans cetacean captivity.

The previous year, Ontario’s Animal Welfare Services found all marine mammals at Marineland were in distress due to poor water quality, a claim the park disputes. The province says an inspection of the facility’s waters, which began in 2021 remains ongoing.

In 2019, the park came under scrutiny after Marineland said two deer were killed in a stampede allegedly caused by a father and son taunting the animals. Days after the stampede, the park announced that a heart attack was believed to be the cause of death for an 18-year-old walrus named Apollo. Apollo was the fourth walrus to die in the park over a two-year period. The last remaining walrus, a female called Smooshi, was recently moved to SeaWorld Abu Dhabi.

SEE

Monday, May 22, 2023

ONTARIO
Protesters at Marineland hold 'memorial' for Kiska the killer whale on Niagara park's opening weekend

'#RIPKISKA' read one of the signs.

Story by Cara Nickerson • CBC
May 22, 2023

There was a crowd outside Marineland on Saturday, but those holding signs and gathered out front weren't there to visit the controversial theme park in Niagara Falls, Ont.

The 100 or so protesters stood at the roadside, as the park opened to visitors for the first time this season, were there to condemn Marineland for years of alleged animal abuse and remember Kiska, the last killer whale in captivity in Canada, who died there this past March.

'#RIPKISKA' read one of the signs.

In the years leading up to Kiska's death, animal rights activists advocated for the whale's release back into the wild.

The animal rights groups that organized the protest, Last Chance for Animals and UrgentSea, played footage of Kiska ramming her head against the glass of her tank on a banner van during the protest.

Jennifer Jamieson, an animal rights advocate from Stoney Creek, Ont., said Saturday's protest brought up a mix of emotions for her.

"We're glad that [Kiska's] no longer suffering but we still have work to do," she said.

From visitor to protester


Jamieson said before she began advocating for the animals in captivity at Marineland, she was a visitor.

"I used to take my children there," she said.

Jamieson said she used to run a home daycare centre and would take the children on trips to Marineland to learn about marine animals. It only took a few trips to the park, she said, to realize "there was nothing educational" about the park.

"That is why I started advocating for the animals, because I actually went there as a visitor and I was disgusted with the surroundings and the habitats that these wild animals were living in."

In 2014, Jamieson successfully petitioned her child's school to cancel a planned class trip to Marineland. The school changed the destination to the Royal Botanical Gardens in Burlington instead.


Beluga whales can be seen in this aerial image of Marineland, taken on May 19, 2023.
© Patrick Morrell/CBC

Marineland did not respond to CBC Hamilton's recent request for an interview.

Its website says trips to the park help teachers "bring science curriculum to life for your students in a memorable and exciting way."

When Marineland posted on Facebook this past week about the park's opening day, dozens of people commented saying they were planning to attend this year or enjoyed an aspect of the park, which also includes rides and at least one rollercoaster.

Jamieson said she doesn't believe in shaming people who still visit Marineland.

"I'm all about educating and creating awareness," she said, adding that some visitors likely "don't know" about the park's alleged animal abuse.

"I'm not comfortable with using the word shame, or shaming people for having gone there before, or being there the day [of the protest]."

'We're not going anywhere': former trainer

For some protesters, the goal is to see the animals removed from the park and rehomed to wildlife sanctuaries.

Phil Demers, former Marineland trainer and co-founder of UrgentSea, said he thinks they are getting closer to that goal.

"The protest was a very powerful expression of our resolve that we're not going anywhere until Marineland themselves resolves to part ways with any use of animals for entertainment or captivity and ultimately retire them to better lives," he said.

Niagara Falls Mayor Jim Diodati told CBC Hamilton last week he also supports a move "away from animals."


Marineland opened for the season on May 20. 
The park is shown here May 19, 2023, a day before it opened.
© Patrick Morrell/CBC

Demers said Saturday's protest was largely shielded from visitors entering the park by the tarp-covered fences, but he said he looked into the parking lot several times throughout the day.

"You could count 15 to 20 [vehicles] at most at any time and that was about it," he said.

CBC Hamilton asked Marineland for the ticket sale numbers for its opening weekend, but has not yet received a response.

Friday, May 19, 2023

ONTARIO
Not everyone loves Marineland. Park offers 'educational' shows but local schools aren't going

Story by Cara Nickerson • CBC
Tuesday, May 16, 2023

Marineland, which for years has faced allegations about its treatment of marine mammals and their use for entertainment purposes, is still offering field trips to schools.

But instead of going on these outings, students at some Ontario schools, including in Brantford and Hamilton, are engaged in curriculum that teaches them about controversies involving the Niagara Falls, Ont., theme park.

Marineland's website says the park offers educational activities and resources based on the Ontario curriculum.

The theme park did not respond to CBC Hamilton's request for an interview and updated its website following the request, removing a page about its educational video and worksheet series.

The updated website says trips to Marineland help teachers "bring science curriculum to life for your students in a memorable and exciting way."

Still, the school boards CBC Hamilton contacted say they're not taking field trips to Marineland, although it's not clear if that has anything to do with Marineland's controversial past.

What some school boards are saying

The Niagara public school board said schools in its district haven't gone on field trips to Marineland for seven years and it's "unaware" of any Marineland trips planned for this year.

The Niagara Catholic school board's spokesperson, Jennifer Pellegrini, said schools in her district went on trips to Marineland before the pandemic began early in 2020, but added no trips are planned for the end of this school year.

Pellegrini did not say why the school board isn't sending students, but said all trips in the district "must have a direct and enhancing relationship with the curriculum of the classroom."



In 2014, a concerned parent petitioned to stop her children's school, which was part of the Hamilton-Wentworth District School Board, from going on a field trip to Marineland. The class went to the Royal Botanical Gardens instead.
© Dan Taekema/CBC

In 2014, a parent with children at Mountain View Elementary School in Stoney Creek, part of the Hamilton-Wentworth District School Board, petitioned and stopped the school from going to Marineland.

The Hamilton-Wentworth public school board said no trips to the theme park are planned for this year.

Marnie Jadon, communications officer with the Hamilton-Wentworth Catholic District School Board, said, "While we don't have details, we expect some would have [gone to Marineland] years ago."


She also said no trips have been planned for this year.

In the past, schools in Brantford's Catholic school board visited the park, but the board also said no trips are scheduled for this year.

Brantford's public school board said it could not confirm whether its schools went on trips to Marineland in the past, and said no trips are planned for this year.

Last year, students in Grades 5 and 6 at Forest Run Public School in Vaughan created a website about returning Kiska, the last killer whale held in captivity in Canada, back to her natural habitat.

Earlier this year, students at Bayview Glen Public School in Thornhill, Ont., created a video for World Whale Day. The school tweeted the video and thanked the Grade 2 and 3 students for advocating for Kiska.

Kiska died on March 10 at age 47. Two months later, a beluga whale and bottlenose dolphin also died at the park.


'Not an actual learning experience'


Catherine Boutzis, a kindergarten teacher and animal rights activist in Waterloo, Ont., told CBC Hamilton that Marineland is an "attraction," not a conservation area, and doesn't teach children about animals in their natural habitats.

"It's there purely for [the kids] to bang on the glass and be entertained. It's not an actual learning experience."

She said she has had conversations with her students about Marineland, African Lion Safari and other animal theme parks.

"I've talked to them quite frankly about some of the things they use to train those animals and how those animals were taken from their natural habitat," she said.

"They're not living the life that was intended for them with their families."

Former Marineland trainer speaks out


Phil Demers, a former Marineland trainer and whistleblower, said that "for as long as I worked at Marineland, there was exactly zero emphasis on education and even less on conservation."

Under a section of the Canadian Criminal Code introduced in 2019, captive cetaceans — large sea mammals like dolphins — cannot be used "for performance for entertainment purposes" unless the performance is authorized with a licence from the Ontario government.

The new law was part of Bill S-203 passed in 2019 that, after years of debate, banned the captivity of cetaceans. It included a grandfather clause, however, for animals that were already in captivity.

In December 2021, Marineland was charged with using dolphins and whales to perform and entertain without authorization, Niagara police told CBC Hamilton in December 2022. The Crown stayed those charges on Dec. 21, 2022.

Demers told CBC Hamilton he has watched recent videos of dolphin performances. He said he had to review hours of taped dolphin performances when Niagara police were investigating the park in the fall of 2021 and he watches "countless" social media videos of the park when it's open to monitor the well-being of the animals.

He said the current "educational trainer talk" at King Waldorf Stadium, as advertised on Marineland's website, is still based on a show he designed himself 15 years ago.

He said the original show "was exclusively based on entertainment. Nothing's changed except for some of the stuff they say over the microphone."

Saturday, March 11, 2023

'Shame on Marineland': 'World's loneliest orca' Kiska dies, ending tragic era of captivity in Canada

After 11 years in solitude, Canada's last captive orca dies amidst calls to 'prosecute Marineland'

Kiska, also known as the world's loneliest orca, has died at Marineland in Niagara Falls, Ont. on March 9.

"The ministry was advised by Marineland that the whale named Kiska passed away at Marineland on March 9, 2023. A necropsy was conducted by professionals retained by Marineland," Brent Ross, a spokesperson of Ontario's solicitor general wrote in an emailed statement to local press.

She was believed to be 47 years old.

"Marineland's marine mammal care team and experts did everything possible to support Kiska’s comfort and will mourn her loss," the theme park said in a statement to local media.

Kiska was captured at three-years-old in North Atlantic waters, alongside another orca named Kieko, star of the 1993 film Free Willy.

While Keiko was rehabilitated and moved back to familiar waters off the coast of Iceland, Kiska was moved around several North American aquariums before being transferred to her final home at Ontario's Marineland.

During her captivity at Marineland, Kiska gave birth to five calves, all who tragically died shortly after birth. Since 2011, Kiska was held in solitariy confinement, thus earning her the nickname 'the world's lonliest orca.'

Orcas, known to travel in pods are social animals. Videos began emerging of Kiska floating listlessly in her tank or bumping her head repeatedly against the tank wall — a toll solitary confinement was having on the mammal.

"We are calling on provincial authorities to make public the results of a post-mortem, and prosecute Marineland for the unlawful distress Kiska clearly experienced throughout her final years," Camille Labchuk, executive director of Animal Justice told CBC News in a statement.

Kiska's passing also marks the end of orcas being held in captivity across Canada, due to a landmark bill being passed in Canadian legislation during 2019, which bans whales, dolphins and porpoises from being held in captivity. Anyone found in violation of this bill would face up to a $200,000 fine.

An exemption of the bill was not enough to free Kiska — marine mammals already held would be allowed to remain in captivity.

Kiska's passing resulted in an outpouring of tributes posted to social media from animal activists and organizations, to members of the public who wanted to share their response.

Monday, October 24, 2022

Nova Scotia's retirement home for captive whales facing obstacles, delays: documents



HALIFAX — An ambitious plan in Nova Scotia to build North America's first coastal refuge for captive whales is at least five years behind its original schedule, newly released documents show.

The project, announced in February 2020, calls for construction of a 40-hectare underwater enclosure that would provide a natural environment for beluga and orca whales retired from marine parks. It would be as large as 50 football fields and about 300 times larger than the biggest captive whale tanks.

Organizers behind the U.S.-based Whale Sanctuary Project had originally predicted the site on Nova Scotia's rugged eastern shore could be ready to receive whales this year.

But the COVID-19 pandemic, regulatory hurdles and environmental concerns have slowed the project's progress, according to documents obtained by The Canadian Press under the province's freedom of information law.

An internal government presentation prepared in May 2021 says that once the project is granted a Crown lease for a small cove and some land south of Port Hilford, N.S., it would take at least another five years before the site is ready to accept whales. That pushes the start date to 2027.

Charles Vinick, executive director of the non-profit Whale Sanctuary Project, said the government's timeline is flawed because it includes construction of an interpretive centre, which won't happen until after the whales arrive. The group's own timeline now has a late 2023 start date, though Vinick said 2024 is more likely.

The pandemic is largely to blame for slowing down the project, but Vinick also pointed to a demanding provincial permitting process.

"It's brand new ground for them and brand new ground for us," he said in an interview from his home in Santa Barbara, Calif. "We have to focus on moving forward every day."

As an example, he cited his group's plan to extract small core samples from submerged soils for testing. A permit application was filed in April, but it took almost five months for the Department of Natural Resources to decide that an archeological assessment was required before the testing could start.

"These things do come up, and I suspect there will be more," Vinick said. "But every time one comes up, we're going to do it."

The documents also point to serious concerns about 20 abandoned mine shafts and contaminated tailings left behind from nearby gold mines that operated between 1862 and 1900.

The sanctuary project says recent work has identified some shafts that remain unfilled on or near land that the project plans to occupy, and soils throughout the property have been analyzed. More testing will determine whether any areas require mitigation.

"All mitigation requirements that will be assessed, we will meet," Vinick said. "We're not going to do anything to jeopardize the health of the whales."

On another front, the documents show that Nova Scotia's Environment Department was concerned about nearby wetlands, and the federal Department of Fisheries wanted to know what kind of animals would be admitted to the refuge to allow officials to prepare for disease mitigation and an application under the Species at Risk Act.

As for the 40-hectare enclosure — to be surrounded by underwater nets — it will be designed to hold eight to 10 beluga whales and two to three orcas in a separate area. The animals will not be returned to the wild because of their lack of survival skills.

The $20-million project, which will rely on private donations for support, also calls for the construction of a veterinary clinic, observation tower and other support buildings. Another $2 million would be needed annually for operations. A visitor centre was opened last year.

About 200 belugas and 50 orcas are being kept in marine parks and aquariums around the world. The Marineland Park in Niagara Falls, Ont., has about 35 belugas and Canada's lone captive killer whale, Kiska.

"None of this work can happen soon enough for the whales who are languishing in concrete tanks and are subject to intolerable conditions," the group said in an online post last month.

"Yet it is essential to get everything right for the health and safety of those very whales when they are introduced to an entirely new life. It is also the law."

This report by The Canadian Press was first published Oct. 23, 2022.

Michael MacDonald, The Canadian Press

Wednesday, October 12, 2022

Marineland drops $1.5M lawsuit against former employee and agrees to rehouse walruses


After a decade-long legal battle, former Marineland trainer Philip Demers was able to see his beloved walrus Smooshi this week, after the Niagara Falls, Ont., tourist attraction dropped a $1.5-million lawsuit against its former employee.


Phil Demers worked at Marineland for 12 years before becoming an animal activist. Demers and the Niagara Falls, Ont., park have settled a decade-long legal battle that will see two walruses relocated.© Submitted by Phil Demers

Demers, the animal rights activist and whistleblower, is still banned from Marineland, but was allowed inside the park Wednesday for a reunion with Smooshi — the first time he had seen her in a decade, he said — after news emerged that the legal issues were resolved.

The lawsuit, filed in 2013 by Marineland, alleged Demers trespassed and plotted to steal the 800-pound walrus. Demers filed a counterclaim, also in 2013, for defamation and abuse of process, he told CBC Hamilton.

After several weeks of negotiations, both sides have dropped legal action and, as part of the mutual agreement, Smooshi and her calf Koyuk will be rehoused as soon as "reasonably possible" where "they can join other walruses."

In a news release issued Wednesday, Marineland said "litigation between Marineland … and Phil Demers has been resolved amicably... Mr Demers acknowledges Marineland's evolution towards education, conservation and research, and its commitment to enhanced animal care."

Demers said he would leave the exact location of where the walruses are going to Marineland to share publicly but that he agrees the new location is better.

"I'm incredibly pleased. I'm ecstatic," he said. "The contrast of where she's going now, and the fact she will no longer perform and she won't be under the blazing hot sun and she won't be separated from her baby anymore, which to me is probably the greatest piece of justice that that animal deserves."

Koyuk was born in June, 2021, but Demers said the two have been kept apart since Koyuk's birth so Smooshi could perform in shows.

The fight to free Smooshi

Demers was a Marineland trainer for 12 years before becoming a whistleblower and activist, shedding light on the conditions the animals were living in at the facility.

Demers said he decided to use the lawsuit to leverage the animals' release.

"It's been a tunnel vision-like experience for me. I've only ever thought about the walrus and the conflict with Marineland."

He said the settlement has taken a weight off him.

"There's a certain poetic justice to it all."

Marineland still in court


Demers's efforts aren't the only ones that have put Marineland in hot water for its use of animals.

The animal rights group Last Chance for Animals (LCA) filed complaints against the facility last year, saying videos showed illegal dolphin and whale shows.

Miranda Desa, a lawyer for LCA, said a 2021 video shows "dolphins performing tricks to music for an audience" and "beluga whales being instructed to perform tricks for food in front of on-watchers" but that Marineland refers to their shows as "educational presentations" to get around not having a licence.

Under a section of the Canadian Criminal Code introduced in 2019, captive cetaceans — large sea mammals such as dolphins and orcas — cannot be used "for performance for entertainment purposes" unless the performance is authorized with a licence from the Ontario government.

Niagara Regional Police told CBC Hamilton that the complaint resulted in Marineland being charged with the criminal offence related to the of "use cetacean for performance/entertainment without a licence" and that this charge is still before the courts.

Police said they have received additional complaints but as they are actively under investigation, police cannot provide further information.

Desa said Marineland will have its seventh court appearance on September 28 in St. Catharines, Ont.

As for Demers succeeding in having Marineland rehousing Smooshi and Koyuk, Desa said it is an important step in increasing awareness of "animals in captivity and the harms they suffer, especially at Marineland."

In its statement Wednesday, Marineland said it "has a historic obligation to care for the marine mammals in its care.

"Marineland must care for its animals and there is no simple or obvious solution to rehouse them."

The most important reunion


Demers called his reunion with Smooshi "powerful." He joked it was a red-carpet entrance, adding, "It was more like grey, dreary, concrete carpet."

He also tweeted a photo of himself being allowed back onto Marineland's grounds.

Demers said he plans to keep advocating for marine mammals in captivity, but for now, he's happy he caught his proverbial white whale in seeing Smooshi and Koyuk being freed from captivity.

Although he wasn't able to get really close to Smooshi Wednesday, he's hopeful it's just the beginning of a new chapter.

"The door for many more [visits] is wide open," he said. "I look forward to all of them."

Cara Nickerson -CBC- Sept 21