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

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."

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.

MARINELAND

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.

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. 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

https://plawiuk.blogspot.com/2023/05/zoos-are-prisons-death-of-emara-beloved.html

'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'

Corné van Hoepen

·Contributor, Yahoo News Canada

Fri, March 10, 2023 

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.

TRENDING

• 1.

  Man who violently assaulted wife gets stronger punishment after sentence appealed

• 2.

  4 Moose Jaw Warriors players suspended for season, coach and GM for 5 games after 'off-ice incident': WHL

• 3.

  2 men charged in armed carjacking of Maple Leafs star Mitch Marner

• 4.

  Vancouver Island woman urges caution after being defrauded $95K

• 5.

  Judge orders arrest warrant for B.C. doctor with history of spousal abuse who fled country

Marineland Was Charged For Allegedly Using Dolphins & Whales As Illegal Entertainment

NARCITY Canada Edition (EN) 

Charges have now officially been laid against Marineland for allegedly using whales and dolphins for shows.

© Provided by Narcity

In a news release posted on December 13, Niagara Regional Police Service report two of their district detectives conducted an investigation in October that looked into the allegations of the use of captive cetaceans — dolphins, whales, or porpoises — at Marineland.

"During the investigation, it was found that the dolphins and whales were utilized for entertainment purposes during the month of August, without being authorized to do so following an amendment to the Criminal Code under Bill S-203 on June 21, 2019," police officials wrote

On Monday, detectives charged Marineland for its alleged use of whales and dolphins for entertainment purposes without authorization to do so.

In an emailed statement to Narcity, Marineland shared that their "animal presentation contains marine mammals undertaking behaviours they exhibit in ocean environments", which are then coupled up with an "educational script" by their employees.

"Marineland understands why ideologically driven activists would file a police complaint, and appreciates the pressure the Niagara Regional Police were put under to lay such a charge," Marineland's Marketing Department wrote.

"We look forward to the opportunity to defend ourselves in a court of law where the feelings of non-experts are not treated as facts and the truth prevails."

The aquatic park noted that it's not the first time "an organization has applied unreasonable political pressure to use policing powers" against them.

"We regret that the Niagara Regional Police have found themselves in this position, and anticipate, as happened the last time activists successfully exerted pressure in this way, the courts will find Marineland to be not guilty, as a matter of law," they wrote.

Earlier this year, Animal Welfare Services reportedly carried out a months-long investigation of the aquatic park and discovered that Marineland's animals were in distress due to the poor water quality in their water tanks, according to the Canadian Press.

Ottawa passes legislation that bans whale and dolphin captivity in Canada

Liam Casey, The Canadian Press
Published Monday, June 10, 2019 1:20PM EDT 

CTV National News: Applause over whale ban


The Senate has passed a bill that will ban the captivity of marine mammals. Omar Sachedina with reaction.

Whistleblower: Captivity ban a 'big victory'


Former Marineland head whale trainer Philip Demers says having whale and dolphins in captivity is 'abusive'.

'A nonpartisan effort' for captivity ban: May


From CTV News Channel: Green Party Leader Elizabeth May discusses a ban on whale and dolphin captivity and how the legislation came about.

Keeping whales and dolphins in captivity will no longer be allowed across Canada under legislation that passed Monday, drawing celebrations from activists and politicians who called it a significant development for animal rights.

The federal bill, which now only requires royal assent to become law, will phase out the practice of holding cetaceans -- such as whales, dolphins and porpoises -- in captivity, but grandfathers in those that are already being kept at two facilities in the country.


"Today's a really good day for animals in Canada," said Green Party Leader Elizabeth May, who sponsored the private member's bill that began its journey in the Senate in 2015 before moving on to the House of Commons.

"Many scientists testified to why it was critical that we stop keeping cetaceans in captivity. We understand why because they are obviously not akin to other animals, for instance, livestock. Cetaceans require the ocean, they require the space, they require acoustic communication over long distances."

Gord Johns, the NDP critic for fisheries and oceans said the bill's passage marked "a celebration for cetaeans, for animals rights, the planet and our oceans."

The legislation, which had its third and final reading Monday, received support from the Liberals, NDP and Bloc Quebecois, with some Conservatives opposed.

It bans the capture of wild cetaceans, but does allow for the rehabilitation and rescue of the aquatic mammals. The bill also changes the Criminal Code, creating new animal cruelty offences related to the captivity of cetaceans. Breeding is also banned.

Imports and exports of cetaceans will also be banned under the bill, with exceptions only for scientific research or "if it is in the best interest" of the animal, with discretion left up to the minister, thereby clamping down on the marine mammal trade.

"This is a watershed moment for whales and dolphins, and powerful recognition that our country no longer accepts imprisoning smart, sensitive animals in tiny tanks for entertainment," said Camille Labchuk, executive director of advocacy group Animal Justice.

Animal rights group PETA said it was "popping the champagne corks today as Canada makes history."

"We look forward to a day when confining sensitive, complex marine mammals to tiny tanks is outlawed in every country around the world," Tracy Reiman, the group's executive vice-president, said in a statement.

Marineland in Niagara Falls, Ont., and the Vancouver Aquarium in British Columbia are the only two facilities in Canada that currently keep captive cetaceans.

The Vancouver Aquarium announced last year that it would no longer house cetaceans and has one dolphin left at its facility. That came after Vancouver's board of parks and recreation passed a bylaw amendment in 2017 banning cetaceans being brought to or kept in city parks after two beluga whales held at the aquarium died.

Marineland, meanwhile, has told the government it has more than 50 belugas at its facility.

It recently received approval to export two belugas, both owned by the Vancouver Aquarium, to a park in Spain. It also applied to move five more belugas to facilities in the United States, but hasn't received those approvals yet, a Fisheries spokeswoman said late last week.

The facility told the government it had problems with the way the whale and dolphin captivity bill was written, noting that it would be in violation of the Criminal Code when the law comes into effect since some of its belugas are pregnant and set to give birth this summer.

On Monday, it said it will comply with "all animal welfare legislation in Canada."

"Marineland began an evolution in our operation some time ago, and as that evolution continues we are confident that our operations remain compliant with all aspects of (the bill)," it said in a statement.

The head of Humane Canada, an animal welfare group, said the legislation was needed.

"If the bill didn't do something to end captive breeding, we could have ended up with a beluga farm in Marineland," said Barbara Cartwright.

Phil Demers, a former whale trainer at Marineland who testified at hearings on the bill, said he was "elated" at it passing.

"Marineland could never be again, if it wanted to start today," said Demers, a longtime critic of Marieland who is engaged in a legal battle with the facility.

Marineland, for its part, has long said it treats its animals well.

"Marineland Canada continues to be a facility where children can learn about and be inspired by cetaceans without invading their natural habitats or disturbing cetacean populations that live in the ocean," it said Monday. "We're proud of our work, and our contribution to research, education, and conservation."

Whale dies 3 months after move from Canada to Connecticut

August 6, 2021

FILE - In this Friday, May 14, 2021 file photo, Mystic Aquarium trainers play with a Beluga whale in Mystic, Conn. One of five beluga whales acquired from an aquarium in Canada after a legal fight with animal rights activists has died at its new home in Connecticut. (AP Photo/Jessica Hill, File)

MYSTIC, Conn. (AP) — One of five beluga whales acquired from an aquarium in Canada after a legal fight with animal rights activists has died at its new home in Connecticut.

Officials at Mystic Aquarium, which specializes in beluga research, said in a Facebook post that the male whale had arrived in May with a preexisting medical condition. It died Friday, despite “round-the-clock medical treatment, testing, and 24-hour monitoring,” the aquarium said in a statement.

“While he had shown signs of improvement from a gastrointestinal condition, we are deeply saddened to share that he passed away (Friday) morning,” the aquarium said. “This is a devastating loss for our staff and for the community, especially the animal care team who works closely with the belugas.”

The whale arrived in May with four others from Marineland in Niagara Falls, Ontario, after a lengthy battle to obtain permits from both the United States and Canada.

Connecticut-based Friends of Animals and other activists had sought to block the transport in a lawsuit last fall against the U.S. Commerce secretary and National Marine Fisheries Service, which had approved the research permit.

The group claimed the U.S. permit violated the Marine Mammal Protection Act and the National Environmental Policy Act because government officials did not adequately address the potential harm to the belugas from being moved to Mystic.

A federal judge in March declined to issue an injunction.

The whales, which range in age from 7 to 12, were born in captivity and left an overcrowded habitat with about 50 other whales to be at the center of important research designed to benefit belugas in the wild, aquarium officials said.

Belugas finally arrive at Mystic Aquarium after legal battle

By JESSICA HILL and PAT EATON-ROBB

May 14, 2021

1 of 7
A Beluga whale is transported at Mystic Aquarium after arriving from Canada, Friday, May 14, 2021 in Mystic, Conn. A total of five Beluga whales from Marineland in Niagara Falls, Ontario, Canada will be moved to the aquarium. The whales will be leaving an overcrowded habitat with about 50 other whales and will be at the center of important research designed to benefit Belugas in the wild. (AP Photo/Jessica Hill)

MYSTIC, Conn. (AP) — Three Beluga whales arrived Friday night at their new home in a Connecticut aquarium after a legal battle to import them and two others from Canada.

The whales were flown from Ontario to Connecticut on Friday, secured in special stretchers inside individual tanks and accompanied by a veterinarian and other marine-life experts.

Accompanied by a police escort, they arrived in Mystic on three tractor-trailers at about 7:40 p.m., where they were lifted on their stretchers by cranes into their new habitat. The transfer from truck to habitat took about a half hour to complete.

The remaining two Belugas are set to arrive at Mystic Aquarium early Saturday from Marineland in Niagara Falls, Ontario.

Government officials from Fisheries and Oceans Canada last month approved the export of the whales, seven months after U.S. officials approved the move.

Connecticut-based Friends of Animals and other activists sought to block the transport in a lawsuit last fall against the U.S. Commerce secretary and National Marine Fisheries Service, which had approved the research permit. A federal judge in March declined to issue an injunction.

The whales, which range in age from 7 to 12, were born in captivity and officials said they cannot safely be released into the ocean.

Mystic officials said the five whales left an overcrowded habitat with about 50 other Belugas in Canada to join three other Belugas at the center of important research designed to benefit the species in the wild.

The animals will be trained to voluntarily give blood, saliva, blowhole air and other samples in exchange for rewards.

“Having eight animals certainly helps when trying to draw conclusions with the research,” said Tracy Romano, Mystic’s vice president of research and chief scientist. “It’s priceless to be able to work with trained animals and be able to get biological samples on a regular basis and all of this will help us interpret what we’re seeing in the wild and help with the management and conservation of the species.”

Canada’s animal-welfare push is gathering steam. Here’s what’s on the agenda

A parliamentary bill named after Jane Goodall is just the tip of the iceberg; activists have a lot of changes they’d like to see come to Canada, from an end to chickens in cages to a new home for Kiska, the orca at Marineland.

By Elisa Birnbaum

Special to the Star
Sat., Sept. 24, 2022

Jane Goodall requires no introduction. And you need not be a heart-on-your-sleeve animal-rights activist to feel tremendous respect for the pioneering animal-behaviour expert and conservationist who gave us a firsthand look into the world of chimpanzees more than 60 years ago.

But for those working in animal welfare, the hope is her name will soon be associated with a groundbreaking law furthering animal rights in Canada.

Senate Bill S-241, also known as the Jane Goodall Act, is intended to protect a host of wild animals from suffering in captivity. Its passing into law could also serve as a testament to the burgeoning animal-rights movement in this country.

The bill was one of many legal developments on the agenda at the annual Canadian Animal Law Conference, which saw more than 200 attendees converge upon the University of Toronto last weekend. “We thought it was important for the community to share its wisdom,” said lawyer Camille Labchuk, executive director of event co-sponsor Animal Justice.

While the U.S. has been running a similar conference for 30 years, animal protection wasn’t even on the radar for the average person in Canada 15 years ago, added Labchuk. But today there’s palpable momentum, with animal welfare a concern for many.

Some believe climate change and the pursuit of a more sustainable lifestyle are encouraging greater compassion for animals. The surge in pet ownership may be a factor, too. Then there’s the growing call for transparency and ethical standards in the products we purchase, including the treatment of animals for consumption.

“Improving the rights and protection of animals is one of the new social justice challenges of our time,” Labchuk said. “We’re already seeing tremendous shifts in people’s attitudes, politicians taking issues more seriously, and people and consumers rising up, demanding better.”

Canada is starting to catch up, possibly even taking the lead in a couple of areas. The passing of Bill S-203 in 2019, for example, saw the end to the captivity of whales and dolphins (animals in concrete tanks don’t thrive as they do in the wild and live half as long, advocates say) and banning performances for entertainment.

In 2015, Ontario passed a law making it illegal to breed, purchase or sell orcas, a law that made it to the news again when Kiska — the last surviving orca at Ontario’s Marineland — was deemed to be suffering in isolation. The laws let Marineland keep the animals it already own, but many were calling for Kiska to be rehomed.

That’s where the proposed Whale Sanctuary Project in Nova Scotia may come in.

Expected to be the first permanent seaside sanctuary in the world for beluga whales and orcas, the sanctuary will offer a home to once-captive animals who are incapable of being released into the ocean for their own safety. With a space 300 times larger than the largest tank at SeaWorld, it will not only be “a place to live but a place to thrive,” according to Lori Marino, president of the project.

The hope is for the sanctuary to welcome its first residents in late 2023. As for who they expect to greet first, Marino is unequivocal. “We want Kiska there and we will fight hard to get her.”

Other legal developments in Canada include a bill to ban fur farming and the proposed Goodall Act mentioned above. If passed, it has the capacity to restrict the ownership of more than 800 species of wild animals in Canada who don’t do well in captivity, while effectively ending roadside zoos.

“It would go a long way to harmonizing national standards of animals in captivity,” said Labchuk.

The bill was first introduced in the Senate in 2020 by Murray Sinclair, formerly both a senator and chair of the Truth and Reconciliation Commission of Canada. He said he believed it would help rebalance the relationship with nature, integral to advancing reconciliation with Indigenous peoples. A more comprehensive iteration of the bill — with the same mandate — was put forward by Sen. Marty Klyne this March.

Canada’s zoo industry has come under intense scrutiny. Many argue that confining certain animals in cages is both physically and psychologically harmful. Brittany Semeniuk, a veterinary nurse who specializes in emergency and exotic animal medicine, questioned whether accredited zoos are doing enough to care for their animals. The moose, for instance, is not meant to live in captivity, said Semeniuk, who has seen many suffer out of their natural ecosystem.

And then there are issues with roadside zoos. In May 2019, following a criminal investigation, animal protection officers from the Montreal SPCA seized over 200 animals from the Saint-Édouard Zoo in Quebec (after a protracted legal battle and pandemic delays, the number rose to 300-plus due to multiple births). In what was a first in Canadian history, the zoo owner was arrested and charged with animal cruelty and neglect.

“The current system in Quebec is broken,” said SPCA director of animal advocacy and legal affairs Sophie Gaillard. “Despite documenting years of offences, the government had grounds to act and power to seize, but they didn’t.” Instead, the zoo was reissued its licence. “It fell to us to intervene under the Criminal Code.”

When it comes to companion animals (i.e. pets), progressive legal developments include Ontario’s Animal Welfare Services Act of 2019 and the 2015 Quebec ruling that changed the status of animals to sentient beings from their prior status of property (a viewpoint shared by the Alberta Court of Appeal in 2021). That ruling can have real impact, as sentient beings are embodied with rights and standing that a kitchen table does not.

While family pets have their share of legal challenges, farm animals held court at the conference. For one thing, companion animals have better protections overall. For another, farm animals represent the largest group of animals used in Canadian society, with 851 million killed in 2021 alone. Most significantly, farm animals suffer the worst abuses, making their welfare front and centre.

On this front, our country is lagging behind. Case in point: Canada has the longest transport time in the developed world that animals can be on a truck without food, water, or rest. And while 10 U.S. states have adopted confinement bans (banning animals in cages), Canada has no such law.

In fact, there’s not one single law that regulates animals on farms. “We let the farming industry set its own standards for animal welfare,” said Labchuk. “We don’t oversee companies in industries that use animals, so they are left to their own devices and without government oversight.”

“It’s really regressive and, quite frankly, a national embarrassment,” said Jodi Lazare, assistant professor at the Schulich School of Law at Dalhousie University who teaches animal law, among other courses. The animal agriculture industry is a huge force in Canada, she added, and despite “horrendous” farm conditions, “the industry has managed to convince the government to subsidize it in significant ways and immunize it from public scrutiny.”

To be sure, there have been slow, incremental commitments on the part of industry to improve conditions. Phasing out gestational crates for sows is one. Also, 100 food companies in Canada have committed to phasing out cages for egg-laying hens (more than 2,300 companies have cage-free commitments across the world).


But Canada needs to do more, said PJ Nyman of Mercy for Animals, an international non-profit with a mission of ending industrial animal agriculture through sustainable food systems. In 2021, the organization launched the first Canadian report to rank food companies on their animal-welfare progress. It found that 83 per cent of laying hens in Canada were still in cages in 2021, compared to 35 per cent in the U.K. and 71 per cent in the U.S.

“I used to think that laws are just a reflection of attitudes and, as attitudes change, laws will catch up,” said Labchuk. She now sees a massive disparity between the two, with profit motive the underlying cause. There’s a lot of money to be made exploiting animals, after all.

Still, animal welfare seems to be winning the hearts and courts of public opinion, and advocates are lining up for their chance to make a difference. “The enrolment in my course this year is the highest it’s ever been,” said Lazare. “Canadians should cautiously celebrate the changes that have come but also acknowledge that there is a lot of work to do.”

Labchuk would agree. “Our challenge is to encourage more people to be active and make clear that it’s no longer acceptable for animals to have so few protections in 2022,” she said. “I feel very confident we’ll get there.”