WELLAND—In a historic first, Marineland has been sentenced following a conviction earlier this year under Ontario’s animal welfare laws for its neglect of three young bears formerly in its care. The Court sentenced Marineland to a $15,000 fine on each of the three counts (for a total of $45,000), and ordered $28,000 in restitution to reimburse the government for caring for the bears after they were seized by authorities. The sentence order was made after a joint recommendation by the Crown and Marineland.
Animal Justice, Canada’s leading animal law organization, sought intervener status in the sentencing to offer the court with the fullest picture possible of the harm inflicted upon these three bears through Marineland’s neglect. The Court denied the application.
Disappointingly, the Crown did not seek a probation order, or an order prohibiting Marineland from possessing other animals. Marineland will not be subject to ongoing remedial measures to prevent future distress of animals from occurring.
However, the sentence marks the first time the roadside zoo and aquarium has faced legal consequences for animal welfare offences, after decades of evading accountability for unlawful animal cruelty.
The sentence stems from charges laid in 2023 by Animal Welfare Services after Marineland determined the bears were kept in conditions inadequate to ensure their physical and psychological well-being. Marineland failed to comply with orders to improve the care of the three bears, including providing them with more space, water features, and vertical surfaces to help fulfill their natural need to climb. The three young bears were seized by authorities and relocated to sanctuaries.
“Today marks a watershed moment in the fight to protect vulnerable animals from being abused for entertainment. After causing untold suffering to animals for decades, Marineland has finally been convicted and fined for neglecting these three bears,” said Camille Labchuk, lawyer and executive director at Animal Justice. “It is disappointing that there were no remedial orders such as probation, or restrictions on animal ownership—which could have helped protect the hundreds of animals still trapped at Marineland, including the belugas and dolphins held in tiny tanks.”
The notorious Niagara Falls tourist attraction has faced criticism for years for its treatment of captive aquatic and land animals, including Kiska, an orca whale who tragically died at Marineland in March 2023 after suffering for more than 40 years in a tank, including a decade in solitary confinement. Including Kiska, sixteen whales have tragically died at the park since 2019.
In 2021 and 2022, Animal Justice filed multiple legal complaints with AWS after heartbreaking videos surfaced showing Kiska, the sole orca, in clear distress—floating listlessly and slamming her body against the side of the tank. To date, AWS has not laid charges relating to Kiska.
Animal Justice is also greatly concerned for the nearly three dozen beluga whales and other animals who remain at Marineland, especially in light of the park’s move to scale back its operations this year. Animal Justice and other advocates are urging authorities to ensure that these animals are provided with the care and protection they need as the park’s future remains uncertain.
While this marks Marineland’s first conviction, the park has been charged repeatedly with offences related to animal cruelty. In 2016, the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) charged Marineland with five counts of animal cruelty over the improper care of black bears, guinea hens, and a peacock. In 2017, the OSPCA laid six additional charges over the poor treatment of elk and deer. Shockingly, the Crown later dropped those charges.
In 2021, Marineland was criminally charged for illegally forcing dolphins to perform for entertainment, following a legal complaint by Animal Justice. Again, the charge was dropped by the prosecutor, who claimed that proceeding to trial was not in the “public interest.”
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Contact:
Camille Labchuk
Executive Director
[email protected]
613-292-8360
