Marineland charged with using dolphins, whales for entertainment without a licence

Marinelandhas been charged under the Criminal Code with using dolphins and whales to perform andentertain customerswithout Ontario government authorization, Niagara police say.

Police said they began an investigation into allegations captive cetaceans(marinemammals includingwhales, dolphins and porpoises)were being used at the theme park in Niagara Falls in October.

Mario Lagrotteria, the police service's NiagaraFalls districtcommander, said there was video evidence throughout August. He also said it's the first time Niagara police havelaid this charge.

"The information [investigators] received substantiated the allegation that this did happen within the month ofAugust," he said.

Police previously confirmed their investigation was launched following a complaint received in October.

Marineland said in a statement to CBC News the park is following the law and "we look forward to the opportunity to defend ourselves in a court of law."

Law changed regarding cetaceans

Miranda Desa, Canadian counselfor the U.S.-based non-profit Last Chance for Animals, said the group filed a complaint on Sept. 30 and afollowup complaint in late October based on the use of dolphins and beluga whales for entertainment.

A member of Last Chance for Animals visitedMarinelandon Aug. 3 and Aug. 16, according to Desa. She said they recorded videosof dolphin and beluga whale shows, andsent them to police with their complaint.

Desa said the complaint focused on the use of belugas thatwere instructed to do tricks for food in front of park attendees.

The video, viewed by CBC News, appears to showdolphins doing flips and tricks for an audience with music playing in the background.

Under a section of theCriminal Code that was introduced in 2019, captive cetaceans cannot be used "for performance for entertainment purposes" unless the performance is authorized with a licence from the province.

After years of debate, the new law, part of Bill S-203,banned the captivityof cetaceans. It included a grandfather clause, however, for animals already in captivity.

Niagara police said the charge against Marineland was for the alleged use ofcaptive cetacean for performance for entertainment purposes without authorization.

Marineland says show is educational

Marinelandsaid in a statementthe routinewas an "educational presentation."

"Our animal presentation contains marine mammals undertaking behaviours they exhibit in ocean environments. These behaviours are combined with an educational script delivered by Marineland staff, providing a foundation in understanding of these important marine species.

"Marineland continues to be committed to our mission of research, education and conservation and will continue to provide world-class care for the animals who call Marineland home," the theme park said.

Lagrotteria said police found the evidence it gathered "met the threshold to lay the charge," but couldn't say much else as the case is before the courts.

He said any other concerns about the welfare of animals at the park should be directed toProvincial Animal Welfare Services.

Criminal charge precedent setting, expert says

Kendra Coulter, an associate professor at Brock University in St. Catharines, Ont., who's an analyst of labour involving animals, expressed skepticism overthe idea suchperformances are educational.

"Any marine animals who are being kept in tiny tanks are not behaving normally," Coulter said in a phone interview.

"But the bigger question here is around the ethics of captivity and whether these large, complex, intellectually robust animals can in any way have healthy and positive lives in such tiny tanks and conditions ... the consensus is increasingly no."

There's a shift toward creating ocean-based sanctuaries and other alternatives, said Coulter.

Camille Labchuk, a lawyer and executive director of Animal Justice, said Marineland is one of the only theme parks in Canada that still haswhales and dolphins, let alone uses them inperformances.

"It is gratifying to see Niagara police take this matter seriously becausethe law is only as good as its enforcement," she said.

Representatives for Marinelandareset to appear in court in St. Catharines on Feb. 14.

Under the section of the Criminal Code related to the Marineland case, anyone convicted of the offence is liable to a fine not exceeding $200,000.

Marineland has been under more scrutiny recently, with Animal Welfare Services andnon-profit Animal Justice raising its own concerns.