Marineland faces legal complaint about Kiska, 'the world's loneliest orca'

An animal law non-profit group is calling on the Ontario government to investigate Marineland's treatment of Kiska the orca.

Animal Justice's complaint to theMinistry of the Solicitor General wasviewed by CBC News. It allegesMarineland is breaking the law by subjecting the orcato conditions that don't meet her physical and mental needs.

CBC News is seeking comment from Marineland, which had not yetresponded on Wednesday.

Animal Justice's complaint followsvideos posted byPhil Demers,a whistleblower who is also a former trainer at the Niagara Falls aquarium.

The videos appear to show Kiskafloatinglistlesslyand moving slowly.

"She's probably the world's loneliest orca and that's very sad," said Camille Labchuk, executive director of Animal Justice. "It's difficult to not feel sympathy for what she's going through."

WATCH |Video ofKiska the orca that raises concerns about her health:

Animal group concerned about Kiska the orca at Marineland

3 years ago

Duration 0:36

A video posted by Phil Demers, a former trainer at the Niagara Falls aquarium turned whistleblower, appears to show Kiska the orca floating listlessly and moving slowly.

The complaint comes after Animal Welfare Services inspectors issued two orders to the park in May to repair the water system in the pools that house beluga whales, dolphins, walruses, sea lions and one killer whale. The reportsaid the animals were in distress because of the poor water quality.

Animal Justice states Kiska was captured in Iceland in 1979 when she was three years oldbefore Marineland purchased her.The group says Kiska gave birth to five calves, but they all died young. Over time, it says,her other companionsdied or moved to other facilities.

Kiska has lived without other orca companions since 2011, Animal Justice says.

While it's illegal to keepwhales and dolphins in captivity, Marineland has an exemption because of the rule's grandfather clause.

Scientist calls situation 'cruel'

The complaint includes comment fromDr. Naomi Rose, a scientist with the Animal Welfare Institute.

"At a minimum, she should have long since been transferred to a facility with other orcas or provided with individuals of another cetacean species as companions," Rose said in an Animal Justice media release.

"Under no circumstances was allowing her completely solitary state to continue especially given her practically inert response to it the appropriate choice."

Animal Justice highlightedtheProvincial Animal Welfare Services Act, which states an animal's owner cannot causeor permit distress. The Criminal Code also doesn't allow anyone to wilfully cause or permit suffering or neglect.

"We think it's really important for enforcement agencies to take this issue seriously, and it's necessary and appropriate to do what they can to help Kiska," saidLabchuk, who is also a lawyer.

"The best option ... is to convert to an animal-free attraction."

Labchuksaid one potential solutioncould be to moveKiskato theWhale Sanctuary Project's futureseaside sanctuaryin Port Hilford, N.S., for whales and dolphins.