Quantcast
Channel: Marineland: In Depth
Viewing all 50 articles
Browse latest View live

The Orca Awareness Project


UPDATED: Marineland Launches $600k Lawsuit Against Digital Journal

$
0
0

Marineland has launched a lawsuit against the online news site Digital Journal. The lawsuit which was filed in Ontario Superior Court in St. Catharines, seeks $500,000 in general damages for defamation and an additional $100,000 in punitive damages. The suit names the Canadian based Digitial Journal and Elizabeth Batt, the author of an article that appeared on the website in July of 2014 about Marineland’s last remaining orca, Kiska.

Batt's story raised questions about Kiska’s health after several photos were released showing what appeared to be the 42 year old female orca in an ailing state. The article featured several opinions of former killer whale trainers from Marineland and Seaworld as well as comments from marine biologist Dr. Naomi Rose, who has studied orcas extensively. Marineland: In Depth and several other media outlets also covered the story including CBC TV and CHCH TV whose stories also featured comments from former trainers and Dr. Rose. A month after the article was published Marineland sent Digital Journal and Batt a notice of libel demanding the article be removed and a retraction published or they would face legal action.

In Marineland’s statement of claim, a copy of which Marineland: In Depth has obtained they allege statements made by individuals in the article were false, misleading and defamatory and has damaged the reputation of the facility. Marineland claims both Digital Journal and Batt should have known the statements were allegedly false and the park was not properly contacted allowing for a response. Marineland also claims Kiska, who has been captive at the park for nearly 4 decades is not sick but actually ‘thriving’.

In the last two decades over a dozen 'thriving' orcas have died at Marineland causing a complete collapse of their breeding program. In 2011 Marineland was successfully sued by Seaworld who repossessed their orca Ikaika.  The male killer whale was on loan to Marineland. Seaworld cited concerns for Ikaika’s health if he remained at the Niagara Falls facility as the main reason for repossession.  Since Ikaika was moved back to Seaworld, Kiska has remained alone.

This is the 7th lawsuit Marineland has commenced in the last 2 years. They are currently also suing 3 ex-employees, 2 activists and the Toronto Star newspaper. Legal observers widely consider the multi-million dollar lawsuits to be SLAPP suits designed to silence criticism of the facility.  Despite a similar defamation lawsuit against the Toronto Star launched early last year, that case has yet to even approach the discovery phase.


UPDATE:   Digital Journal has since published a retraction.   No word on whether Marineland plans to drop the lawsuit.

Marineland Suing Georgia Straight, Travis Lupick & Vancouver Free Press

$
0
0
Marineland: In Depth has learned Marineland has filed a $600,000 defamation lawsuit against The Georgia Straight an online news website and weekly paper based in Vancouver, and one of its writers Travis Lupick.  Marineland is seeking $500,000 in damages for defamation and an additional $100,000 in punitive damages, the Straight's parent company the Vancouver Free Press is named in the lawsuit and it stems from an article Lupick wrote for the Straight in April of 2014.  Marineland filed their statement of claim in St. Catharines Ontario, a copy of which Marineland: In Depth has obtained.

The article written by Lupick was about five harbour seals sent to Marineland by the Vancouver Aquarium in 2005. The article was published online at The Georgia Straight and distributed in print in a weekly paper.  It features comments from 3 former Marineland trainers describing the declining health of the seals upon arrival at Marineland.  One seal passed away while the four others allegedly went blind due to poor water conditions according to ex staffers. Both Marineland and Vancouver Aquarium have refuted the claims.

In Marineland's 11 page statement of claim they allege the seal Pepper did not die as claimed but rather died in 2006 before the alleged incident in the article. The other seals named Rolo, Curry, Poppy & Squamish were not blinded as a consequence of their treatment by Marineland and remain "generally healthy" currently living at the facility.  They also allege claims by former staffers are false and have been disproved in publicly released documents or reports, none of which were mentioned in the article.  Marineland also alleges Lupick made no reasonable attempt to contact Marineland aside from an email to their general address which did not allow reasonable enough time for the park to respond.

Marineland further alleges comments by former head trainer Phil Demers are unsupported and that the defendants ought to have known "Mr. Demers has only a high school education and no formal education or qualifications that would permit him or the defendants to reasonably rely on Demers' allegations regarding water quality, water chemistry, ozone, chlorine, the health of any animal, the cause of any animal's condition, if any, or any matter that is normally address by a veterinarian who is expert in marine mammal care." Demers worked closely with a variety of animals at the park during his 12 year tenure.

Marineland's allegations have not been proven in court.

This is the second lawsuit involving an online news website, last week it was revealed Marineland was also seeking $600,000 in damages from Digital Journal and one of its writers for a story about the health of Kiska, their last remaining captive orca.   In each suit the defendants were served a notice of libel demanding a retraction before Marineland commenced further action.   Unlike the Digital Journal article, the Georgia Straight article has not been pulled and the news site would not comment on the lawsuit.

Marineland has filed 8 separate lawsuits in the last 24 months against activists, newspapers, websites, journalists and former employees seeking a combined total of $15.4 million in damages. None of the cases have gone to trial.

Marineland: The Musical?

$
0
0

It appears someone has turned the farce that is Marineland into a musical.   Billed as a disco musical comedy, Everyone Loves Marineland is set to debut at the Toronto Fringe Festival in 2015.  Judging by its teaser poster, the musical looks to be a tongue-in-cheek take on the captive animal facility that has become the joke of Niagara Falls. Let's hope producers understand how litigious Marineland can be.

Stay tuned for more details, in the meantime you can follow the production on Twitter on Instagram and now an official website! 

Mike Garrett Discusses Latest Marineland Lawsuits

$
0
0


Anti captivity activist Mike Garrett has launched a podcast.  On the latest episode the 7th and 8th Marineland lawsuits are discussed as well Mike interviews Annelise Sorg about opposition to the Vancouver Aquarium.

You can check out the show here.  

Come "Sea Your Friends" at Marineland

$
0
0

Sadly all of Marineland's orcas end up on the necropsy table and then buried in the back of the property.   Many of them young.

2014 Year in Review

$
0
0

In 2014 Marineland continued to tread water. Gone were the high priced gun for hire public relations people that were temporarily the spokespeople for the park in 2013. The facility abandoned their attempts to rehabilitate their public image and continued to launch lawsuits against anyone who offered a negative opinion about Marineland or the care of its animals. For many observers, attendance seemed to be at an all time low and promises made the previous year of new multi-million dollar attractions and investment went once again unfulfilled. Despite launching two new lawsuits towards the end of the year virtually no progress was made in existing litigation.

February

A provincial byelection was held in Niagara Falls and pro Marineland Liberal candidate Joyce Morocco was defeated. Months later financial disclosures from all candidates revealed that Morocco received campaign contributions from Marineland as well as the winner of the byelection NDP candidate Wayne Gates.

March



Marineland was investigated by the Ontario Ministry of Environment regarding discoloured water originating from their property that was being expelled into the Welland River via Pell's Creek. It was determined the discoloration was due to sediments disturbed by construction on the property. Fourteen years prior, Marineland had been investigated and ordered to stop expelling wastewater into the very same creek.

Mountain View Elementary School in Hamilton Ontario cancelled a planned Spring field trip to Marineland after receiving complaints from mom Jennifer Jamieson. After hearing about her 9 year old son's class trip to the captive animal facility she immediate petitioned the school to make a more compassionate and educational choice for their field trip.

April

It was revealed the town of Pelham Ontario was sending children to Marineland via their summer camp program. In local media, activist Mike Garrett called on town mayor Dave Augustine to speak out against the practice but the mayor refused.  Augustine was re-elected in the October Municipal elections.

May



Marineland's 53rd season was met with the traditional opening day demonstration. This year's demonstration theme was #SaveSmooshi in reference to the continued captivity of female Pacific walrus Smooshi. The demo also featured a march by some through the city of Niagara Falls to the facility where the demo converged with approximately 500 people.

June

Activist Mike Garrett and others began a new season of leafleting in the busy tourist districts of Niagara Falls. They engaged the public in conversation about Marineland and distributed thousands of leaflets containing information about the facility until the end of Marineland's season in October.

A peaceful and family friendly #FreeKiska demonstration was held outside Marineland. Activists called on the park to free the female orca who swims alone at the facility with no other animal of her own kind to socialize with.  Kiska is Canada's last remaining captive killer whale.


Facing Marineland in court attempting to have a temporary injunction thrown out against him, activist Mike Garrett was ordered to pay Marineland $10,000 in costs after he was unsuccessful in getting the injunction tossed. Garrett was successful in defending Marineland's attempt to further restrict the activist's tactics and he also prevented the injunction from being applied to other demonstrators and expanded in scope.

July

Noticeably scarce crowds, broken facilities and scathing online reviews prompted local media to visit Marineland and explore why the park seemed to be virtually empty. Entitled "A Morning at Marineland" and written by John Law the piece gave an honest opinion about the condition of the facility from a paying customer's point of view and it wasn't pretty.


Photos surfaced showing female orca Kiska in what some allege appeared to be declining health. Several media outlets showed the photos and featured the opinions of experts commenting on what appeared to be weight loss and teeth damage. Marineland would later launch a lawsuit against one of the media outlets who covered the story, online news site Digital Journal and writer Elizabeth Batt.

September



Ceta-Base, an online captive marine mammal database reported that as of September 2014 five Beluga calves had been born at the facility this year while three had died.

October

Internationally known and highly influential Electronic Dance Music artist Deadmau5 posted a lengthy profanity laced message on his own website calling for Marineland to finally put an end to it's captive animal program and build more amusement park rides.


A municipal election was held in Niagara Falls with a majority of pro Marineland candidates being returned to city council.

November

It was revealed Marineland had launched two new defamation lawsuits against online news sites Digital Journal and The Georgia Straight. Each lawsuit sought $600,000 in damages and named the authors of the articles in the suits as well. Shortly after news of the SLAPP suits broke, Digital Journal published a retraction of its story about Kiska.


It was announced there would be a musical comedy about Marineland playing at the 2015 Toronto Fringe Festival.

Meet June Mergl

$
0
0
Meet June Mergl,  Marineland's head veterinarian.  She's about to become a lot more famous in 2015.  Stay tuned...


Orca Captivity to End in Ontario

$
0
0

The Ontario government announced on Tuesday a slew of upcoming regulations governing the care of marine mammals in the province including an outright ban on the sale and acquisition of orcas, effectively ending killer whale captivity at facilities such as Marineland.

The regulations will be based on a report drafted by Dr. David Rosen a marine mammal expert who was commissioned by the province's Minister of Community Safety looking to update Ontario's standards of care for marine mammals. The report contains recommendations on a wide variety of animal care issues including habitats, water quality, vet care, environments, public interactions, acceptable noise levels and other 'stressers' that captive marine mammals endure.

The Rosen report recommends creating an animal welfare committee at each facility, reporting to the administrator but operating independently. Responsibilities would include:

 Keeping an up-to-date provincial inventory of all animals that includes lineage, acquisitions, births and deaths, with causes when known.

 A written veterinary care program developed in collaboration with veterinary experts and including a protocol for preventative medicine.

 Ensuring the water supply is reliable and that chlorine levels and bacterial counts meet provincial standards, which will be detailed in a new marine mammal section in the OSPCA Act.

 Enforcement of proper noise restrictions and appropriate light levels.

 Regulations on the handling and display of marine mammals and provisions for social and environmental enrichment.

 Ensuring that “concerns over animal care raised by staff are addressed and properly recorded. This can be facilitated by a written and posted ‘whistle-blower’ policy.”

The government will be setting up an advisory committee featuring various stakeholders and has indicated they would like to see the new rules in place within 6 months.

Activist Mike Garrett applauded the new protections for marine mammals but considers it a first step.

"While this is certainly a historic first step in bringing in better care for marine mammals in this province I think there is more work to be done to effectively end marine mammal captivity here. It has been proven the majority of these animals do not do well in captivity and i'd like to see a complete ban on the sale and acquisition of all cetaceans, not just orcas."

In a statement issued late Tuesday Marineland questioned the orca ban.

“The acquisition of killer whales is governed by international treaties and legislation entered into by the federal government with which Marineland has always complied,” the company said.

Currently the import/export of wild caught cetaceans into Canada is regulated under CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora). Under the conditions, Canada does currently not require an import permit to bring wild caught cetaceans into the country.

Marineland is closed for the season.

Marineland 2015 Opening Day Demonstration Announced

$
0
0

The annual opening day demonstration at Marineland is set for May 16th 2015.  The family friendly event will begin out front of the facility at 11am.  Save the date and come out to support the end of marine mammal captivity at this infamous facility and #LetsMakeMarinelandHistory

The Facebook event page will feature up to date information about the demo so be sure to add yourself as an attendee to keep up with all the latest information and updates!

Less than 2 months away...

Ontario MPP Cheri DiNovo Speaks Supporting Bill 80

$
0
0
Ontario MPP for Parkdale-High Park Cheri DiNovo has been one of the strongest political voices speaking on behalf of Marineland's animals and whistleblowers since 2012.  Here she is speaking again during recent debate on Bill 80 which is making its way through the Ontario legislature and if passed into law will effectively ban the acquisition and sale of orcas in the province.  The bill will also have provisions to heavily increase scrutiny over animal care at facilities like Marineland and hopefully improve their living conditions.  Still, Cheri makes it a point to speak about the last remaining orca at Marineland, Kiska and how she will not really benefit from being grandfathered into any new legislation.




Marineland Animal Defense Ends Campaign Against Marineland

$
0
0

Marineland Animal Defense has decided to shut down their campaign of advocating for the end of animal captivity at Marineland. The small group of approximately 10 core individuals headed by 'co-founder' Dylan Powell has been around since 2011 and organized various demonstrations at the park and at park owner John Holer's personal residence. The group and more specifically Powell was hit with a $1.5 million dollar SLAPP lawsuit in 2012. M.A.D. has been the subject of many controversies since becoming one of the more vocal groups opposing Marineland in recent years.

The group, largely based in social media circles, posted various reasons for ending the campaign on their website including the following:

"we have reached a position where any further Provincial change is unlikely and where Federal change, like the full closure of the wild capture loophole, is currently off the table."

M.A.D. has cancelled a planned march through the city of Niagara Falls scheduled for next month and plans to close its various social media profiles.

Marineland activist Mike Garrett who himself is facing a $1.5 million dollar SLAPP lawsuit by Marineland commented on the end of M.A.D.'s campaign:

"While I have always fully supported Marineland Animal Defense's goals of ending animal captivity at Marineland we have vehemently disagreed on the strategies that should be used to see that those goals come to fruition. With the death of Marineland Animal Defense the time for infighting and division between activists is over. I have been guilty of it myself and wish to move past it. It only benefits Marineland and does nothing to further our cause. We are winning...things are changing. It's time to push forward, we are so close."


A demonstration without M.A.D.'s participation is planned for Marineland's Opening Day on May 16th.

Expect Us

Marineland's Opening Day Attended by Families - Demonstrating Against the Park

$
0
0
Photo by Mike Sansano

Marineland opened for the 2015 season on Saturday May 18th. For the third straight year it offered free admission to kids in order to bolster attendance on a day met with fierce opposition by those seeking to end marine mammal captivity at the facility.

Five hundred people attended the simultaneous opening day demonstration outside the facility, many of the people in attendance were families and people from all walks of life including students, seniors and professionals. The demonstration was organized by Orca United who seeks to end cetacean captivity at facilities like Marineland.

Photo by Mike Sansano

The atmosphere was positive and friendly as people mingled, held signs, chanted slogans and encouraged those lined up at Marineland's admission gates to change their minds. For much of the demo the strategy seemed to be working as throngs of visitors turned around at the gates after listening to demonstrators and reading their signs. Some families even passed through the fence that separated the crowds and joined the protest.

Photo by Mike Sansano

Media from Niagara this Week, CHCH News& the Niagara Falls Review covered the demonstration that remained peaceful and stretched from the morning to mid afternoon. Marineland owner John Holer, as usual could be seen cruising the parking lot and Portage road in his vehicle and was each time met with a round of boos when seen by demonstrators. The demonstration was monitored by the Niagara Regional Police who reported no problems with the actions of those in attendance.

Ontario passes Bill 80: Banning Killer Whale Captivity

$
0
0
Photo by OCAW
There will be no more opportunity for Marineland to purchase, import, sell or breed orcas in the province of Ontario. Today the legislature passed Bill 80 an act to amend the Ontario Society for the Prevention of Cruelty to Animals Act which will effectively ban killer whale captivity.

Kiska, Canada's last remaining captive orca was not included in the bill and will remain at Marineland in solitary confinement unless Marineland owner John Holer decides to move her which is extremely unlikely.  Massive pleas were issued to the Ontario government from the public, activists and even retired TV personality and noted animal advocate Bob Barker who all had pushed for her to be either released or relocated to a more suitable facility where the highly social being would not be held alone.

Bill 80 will also include more regulations which may at least benefit Kiska and there will be an establishment of an animal welfare committee at every facility with marine mammals. A Technical Advisory Committee will determine new standards to the size of tanks for marine mammals and new guidelines for lighting, noise and interaction among animals. The committee will have representatives from several animal groups including Zoocheck, the Canadian Council on Animal Care the OSPCA and Marineland itself.  Many of these details have yet to be worked out or released to the public.

Anti Captivity activist Mike Garrett commented on Bill 80:

"This is not even close to a perfect Bill but an important part of the change that is happening everywhere right now.  Three years ago here in Ontario a law banning orca captivity would be unimaginable yet here we are.  Over a dozen orcas have languished and died at Marineland and now we'll never see them capture another wild orca again.  We will continue to push for more change to ensure ALL animals are safe from this terrible facility."

Where do you want to go?

Demonstration Calendar: August 1st 2015

Canadian Senator to Introduce Bill Phasing Out Cetacean Captivity in Canada

$
0
0


For Immediate Release
Thursday, June 11, 2015

Senate Liberal to Ban Captivity of Whales and Dolphins

OTTAWA – Senator Wilfred Moore has announced a federal bill to phase out the keeping of whales and dolphins in captivity. “Keeping whales and dolphins in captivity is unjustifiably cruel,” said Senator Moore. “We should do the right thing and end the practice in Canada.” Senator Moore, a member of the Senate Liberal Caucus, will table the bill in the Senate this afternoon. He and several stakeholders – including Green Party Leader Elizabeth May – will offer details at a press conference today at 12:15 pm in the National Press Theater in Ottawa.

Senator Moore’s bill has the support of Gabriela Cowperthwaite, director of the CNN-distributed documentary Blackfish, which outlines the suffering of captive orcas. It also has the support of four ex-whale and dolphin trainers; Dr. Marc Bekoff of the Jane Goodall Institute; the Canadian Federation of Humane Societies; the British Columbia Society for the Prevention of Cruelty to Animals; and Zoocheck Canada (see below for quotes).

The Ending the Captivity of Whales and Dolphins Act prohibits captive breeding, imports, exports, and live captures of all whales, dolphins, and porpoises in Canada. The bill allows for the rescue of injured individuals. It builds on a recent Ontario law, which phases out keeping orcas in captivity (currently, there is one captive orca at Marineland in Niagara Falls, and approximately 50 beluga whales and dolphins at that facility and the Vancouver Aquarium).

Gabriela Cowperthwaite, Director of Blackfish

“I made Blackfish because I wanted to understand why a trainer came to be killed by a killer whale. I did not come from animal activism and had even taken my kids to SeaWorld. I simply had a question. I soon learned the heartbreaking story of orcas in captivity. All whales and dolphins suffer in marine parks, and seeing these incredible creatures reduced to performing tricks has no social, educational, or conservational value. It is time for us to evolve. I hope Canadians get behind Senator Moore’s bill and end this practice.”    

This bill also has the support of three ex-SeaWorld trainers who appeared in Blackfish: John Hargrove, Samantha Berg, and Jeff Ventre.

Phil Demers, former Head Trainer at Marineland

As a former Marine Mammal Trainer, I believe the bill to ban cetacean captivity and breeding in Canada is imperative and long-overdue. I have witnessed the physiological and emotional consequences captivity imposes on these magnificent beings, and those who care for them. No living being should be forced to endure what I've witnessed, and it's my hope that this bill will finally put an end to these cruel practices.”

Dr. Marc Bekoff, Ethics Committee for the Jane Goodall Institute

“Science has clearly established that whales and dolphins suffer deep and enduring psychological and physical harms in captivity. The practice is ethically indefensible, and Senator Moore’s proposed ban would be a timely and important change in Canadian law. These highly intelligent, emotional, and social species deserve to live free in the wild, where they belong.”

Canadian Federation of Humane Societies

“Canadians do not support the archaic practice of confining and breeding whales and dolphins for the purpose of our entertainment. This bill puts Canada in a leadership position by advancing marine mammal science without exacting a cost to individual animals.”

This bill also has the support of the British Columbia Society for the Prevention of Cruelty to Animals.

Zoocheck Canada

“This Bill will address Canada’s outdated and inconsistent laws regarding the importation and possession of whales and dolphins and will bring Canada into lockstep with other progressive jurisdictions around the world that have moved to address cetacean captivity issues. But, perhaps most importantly, it will finally address the deprivation and suffering that these animals endure in tanks and pools.”

Senator Wilfred Moore

“I hope all parliamentarians and candidates will back this going into the election. Bottom line, whales should not be kept in swimming pools.”

30-
Contact:
Archie Campbell
Office of Senator Wilfred Moore
archie.campbell@sen.parl.gc.ca

613-943-8098

Animal Sanctuaries as Alternatives to Marineland

$
0
0
PHOTO BY Jo-Anne McArthur / We Animals
Children are naturally curious and fascinated with animals.  Marineland exploits a child's innocent love for animals through their marketing to kids and parents while providing no educational value or conservation efforts in their endless pursuit of profits.  No money spent at Marineland goes to help any animals in the wild and visiting the facility actually hurts animals by enabling Marineland to capture, import and exploit more of them until they die in captivity.  It is difficult however for parents to resist their child's pleas to take them to a zoo or aquarium.  Parents want their children to experience that special connection to animals and nature.  Taking them to Marineland may be well intentioned but it is a bad form of education and a choice based in no compassion.

There are many alternatives to taking your children to a zoo and aquarium, ones that still allow children to make that connection with animals without the destructive side effects of funneling your money to for profit facilities.  Animal sanctuaries are abundant throughout the world and more specifically in Ontario and Western New York which falls within the radius of a family day trip to Marineland.   Animals sanctuaries, unlike zoos & aquariums are true non profit organizations which almost always rely on donations and help from the public in order to provide much happier homes for saved, abused, neglected, exotic or what would have been otherwise discarded animals.   They put the needs of the animals first rather than the whims of visitors like at Marineland.

While it's true you likely won't see a whale or dolphin at a local sanctuary, there are a wide variety of animals your children can see that have been rescued.   Your visit whether it be through a limited tour or even 'working  visit' (where you can pitch in to help) will be designed to assist animals truly in need.  Your children will come away with a much better educational and personally compassionate experience.  Choosing to support a sanctuary is one of the best things true animal lovers can do and it will help foster a better relationship with animals than your child staring at animals through bars or glass.

Within a few hours drive of Marineland in Niagara Falls you can find the following animal sanctuaries that are very much worth supporting.  There are many more throughout the province of Ontario and State of New York as well. 

Cedar Row Sanctuary is located near London Ontario and has been rescuing animals since 1999.  The sanctuary is home to goats, pigs, donkeys, turkeys,  chickens and ducks.   They welcome volunteer working visits to their sanctuary, where people can help contribute to the much needed farm work to be done, as well as get to visit the animals. 

Ralph's Retreat located in Norfolk County Ontario and is home to an assortment of rescued farm animals and domestic animals including pigs, horses, ponies, dogs, cats and chickens.   It's a small family run sanctuary that specializes in special needs visitors such as children who are autistic.  You can call ahead to arrange a visit and learn what kind of experiences are offered.

The Farm Sanctuary at Watkins Glen New York was established in 1986 and is home to cattle, pigs, chickens, turkeys, ducks, geese and more.  Visitors can even stay at a lovely Bed & Breakfast on site and learn about farm animal issues.

Aspen Valley WildlifeSanctuary near Rosseau Ontario rescues and rehabilitates nearly 500 animals a year and is home to bobcats, coyotes, lynx, bears, wolves and deer.  The sanctuary has an extensive educational component on how people can peacefully co exist with these animals often found in rural areas.


The Donkey Sanctuary of Canada located near Guelph Ontario is the largest animal refuge in the country.  They are home to 75 donkeys who can roam free on most of the sprawling 100 acre farm and have found themselves there because of abandonment, abuse or  neglect.  Education and safe interactions are offered to visitors.
Viewing all 50 articles
Browse latest View live