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 walrusSmooshithis week, after the Niagara Falls, Ont., tourist attractiondropped a $1.5-million lawsuit against its former employee.

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

The lawsuit,filed in 2013by Marineland,allegedDemers trespassed and plotted to steal the800-pound walrus. Demersfiled a counterclaim, also in 2013, for defamation and abuse of process, he told CBCHamilton.

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

In a newsrelease issued Wednesday, Marinelandsaid"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 performand 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 June2021, but Demers said the two have been kept apart since Koyuk's birth so Smooshicould perform in shows.

The fight to free Smooshi

Demerswas a Marineland trainer for 12 years before becominga whistleblower and activist, shedding light on theconditions the animals were living in at the facility.

Demers said he decided to use the lawsuit to leveragethe 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'sefforts aren't the only ones that have put Marinelandin hot water for its useof animals.

The animal rights group Last Chance for Animals (LCA) filed complaints against the facility last year, saying videosshowedillegal 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 thatMarineland 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 thecomplaintresulted 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 saidthey havereceived additional complaints, but asthey are actively under investigation, police cannot provide further information.

Desasaid Marineland will have its seventh court appearanceon Sept.28in 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 itsstatement 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." Hejoked it was a red-carpet entrance, adding, "It was more like grey, dreary, concrete carpet."

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

Demers said he plans to keep advocatingfor marine mammals in captivity, but for now, he's happy he caught his proverbial white whale in seeingSmooshi and Koyukbeing freed from captivity.

Although he wasn't able to getreally close toSmooshiWednesday, 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."

• Watch on CBC Gem: The Walrus and the Whistleblower