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B.C. Court Strikes Down Vancouver Aquarium Whale & Dolphin Ban

Animal Justice February 9, 2018

VANCOUVER – National animal law advocacy organization Animal Justice is responding to the decision from the B.C. Supreme Court quashing, in part, a municipal bylaw aimed at preventing whales and dolphins from suffering in captivity at the Vancouver Aquarium.

The Aquarium sought to overturn the Park Board bylaw passed in May, 2017 that bans confining whales, dolphins, and porpoises in Vancouver parks, including the Aquarium in Stanley Park. The Aquarium argued that it had a constitutional right to confine whales and dolphins. Animal Justice and Zoocheck focused on dismantling the Aquarium’s troubling legal claim that confining cetaceans is a form of expression protected under section 2(b) of the Canadian Charter of Rights and Freedoms. The groups argued that confining whales is harmful and violent conduct not deserving of protection.

The Court decided that the anti-captivity bylaw did not apply to the Aquarium because of a licensing agreement signed between the Park Board and the Aquarium in 1999, which runs until 2029. In other words, the case hinged on an issue of contractual interpretation. The Court declined to consider the issue of free expression as it was not necessary to decide the case.

On January 18, 2018 the Aquarium announced that it would stop confining whales and dolphins after public pressure.

“The Aquarium made the disturbing claim that it has a constitutional right to keep sensitive, intelligent marine mammals in tiny tanks, a practice Canadians no longer find acceptable. The Aquarium’s freedom of expression claim could have permanently undermined animal protection laws right across Canada. We are pleased that the Court did not grant this right, and that other governments remain free to pass laws protecting animals.

“Ultimately, the Vancouver Aquarium was already forced last month to end its whale and dolphin captivity program due to public outrage over this cruel and outdated practice. A little over one year ago, there were five whales and dolphins at the Aquarium. Today, only one remains alive. We are pleased that no further vulnerable cetaceans will languish in captive misery at the Aquarium.

“The curtain is closing on whale and dolphin captivity in Canada. Senate Bill S-203, which would ban captivity and captive breeding nation-wide, is moving forward through Parliament, and just this week, the federal government introduced amendments to the Fisheries Act in Bill C-68. The bill includes a ban on capturing cetaceans for confinement and empowers the government to restrict imports of cetaceans into the country. It is clear that whale and dolphin captivity is an archaic, dying practice that will soon be outlawed.”

Animal Justice is a national animal law non-profit that leads the legal fight for animals in Canada. Zoocheck is a Canadian-based international charity that works to protect wild animals in captivity and in the wild. Animal Justice and Zoocheck were represented by lawyers Arden Beddoes of Arvay Finlay LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

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The B.C. Supreme Court decision in Ocean Wise Conservation Association v. Vancouver Board of Parks and Recreation 2018 BCSC 196 is available here.

For more information, contact:

Camille Labchuk
Executive Director
613-292-8360
camille@animaljustice

Arden Beddoes
Counsel to Animal Justice
778-873-6493
abeddoes@arvayfinlay.ca

 

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Animal Justice

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The Federal Government Wants to Ban Capturing Wild Whales & Dolphins

Animal Justice February 8, 2018

The federal government presented a new bill that updates the Fisheries Act this week, including restrictions on capturing wild whales and dolphins for the purpose of keeping them in captivity.

The amendments would still allow exceptions to rescue cetaceans who are injured, sick or requiring care, and are part of a larger set of changes which include the restoration and protection of fishes and their habitats. The government also wants to give itself the power to restrict the import of whales and dolphins into the country.

At a Vancouver press conference, Fisheries Minister Dominic LeBlanc explained, “The public acceptance of keeping these majestic creatures in captivity has changed and we think the law should reflect that.”

We couldn’t agree more. Tens of thousands of Canadians have been demanding a ban on whale captivity, and the minister’s comments show that we’ve got the government’s attention.

But the new legislation doesn’t include a ban on breeding captive whales and dolphins—an essential part of protecting them from the cruelty of captivity. There are still dozens of captive belugas and dolphins in Canada, primarily at Marineland in Niagara Falls. If aquariums are allowed to continue breeding these sensitive creatures, it will be business as usual. Their offspring will be condemned to the misery and deprivation of life in a tiny tank.

Which is why we need Senate Bill S-203—the Ending the Captivity of Whales and Dolphins Act—to continue swimming through Parliament and become law.

Bill S-203 would ban whale and dolphin captivity across the country, end captive breeding, and ban the import and export of whales and dolphins, along with their reproductive materials.

And even though the Bill cleared the Senate Fisheries Committee last October, it has been languishing ever since. Conservative senators, particularly Senate Whip Don Plett, have been using sneaky delay tactics to stall this bill from reaching its final Senate vote.

TAKE ACTION and email Conservative leader Andrew Scheer, Conservative Senate leader Larry Smith, and Conservative Members of Parliament to demand they stop stalling and send Bill S-203 to the Senate floor.

As public support for imprisoning whales and dolphins continues to plummet, it’s only a matter of time before this cruel practice sinks altogether. Public pressure already forced the Vancouver Aquarium to give up on whale and dolphin captivity last month. Now, let’s make sure this outdated practice becomes illegal right across the country.

 

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Animal Justice & Zoocheck Intervening in Vancouver Aquarium Lawsuit Today

Animal Justice December 7, 2017

VANCOUVER – Animal Justice and Zoocheck will intervene today in the Vancouver Aquarium’s lawsuit against the Vancouver Park Board. The case begins today at 10:00am at the Vancouver Supreme Court in courtroom 53. The arguments from both groups are expected to be heard today.

The Aquarium is seeking to strike down the Park Board bylaw banning the Aquarium from confining whales, dolphins, and porpoises in its facility in Stanley Park. Animal Justice and Zoocheck will focus on dismantling the Aquarium’s troubling legal argument that confining cetaceans is a form of expression protected under section 2(b) of the Canadian Charter of Rights and Freedoms.

If confining animals for entertainment is found to be a constitutionally-protected form of expression, there could be drastic consequences for animals. It would become difficult, if not impossible, to pass laws protecting animals from being confined as those laws would be vulnerable to legal challenge.

“The Aquarium’s freedom of expression claim in this disturbing lawsuit could permanently undermine animal protection laws right across Canada,” said Camille Labchuk, lawyer and executive director of Animal Justice. “We will argue in court to protect whales and dolphins, and other animals across the country, from the suffering they endure in captivity. A little over one year ago, there were five whales and dolphins at the Aquarium. Today, only one remains alive. These vulnerable animals deserve deliverance from captive misery.”

Beluga whales Qila and Aurora died in November, 2016. Harbour porpoise Daisy died in May, 2017, the same day the Aquarium filed its lawsuit challenging the Park Board ban. Last month, false killer whale Chester died of a bacterial infection.

Animal Justice and Zoocheck will submit to the court that confining cetaceans should not be considered ‘expression’. The organizations rely on well-established case law stating that expression that is violent or is connected with violence is not protected by section 2(b) of the Charter. Capturing and confining whales and dolphins are forms of violence, in that they involve the coercion and involuntary captivity of living beings who have complex thought, the ability to suffer, and the capacity for self-determination. Confining cetaceans has been shown to cause significant physical and psychological harm to them.

Animal Justice is a national animal law non-profit that leads the legal fight for animals in Canada. Zoocheck is a Canadian-based international charity that works to protect wild animals in captivity and in the wild. Animal Justice and Zoocheck are represented by lawyers Arden Beddoes of Farris Vaughan Wills & Murphy LLP, and Benjamin Oliphant of Gall Legge Grant Zwack LLP.

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The Animal Justice and Zoocheck factum can be downloaded here.

The Aquarium’s petition can be downloaded here.

The Parks Board’s response to the petition can be downloaded here.

For more information, contact:

Camille Labchuk
Executive Director
613-292-8360
camille@animaljustice

Arden Beddoes
Counsel to Animal Justice
778-873-6493
abeddoes@farris.com

 

Stay in touch by joining the Animal Justice mailing list!

Yes, I want to stay in touch! 

Animal Justice

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