Crown prosecutors won’t pursue animal cruelty charges against Marineland | 24CA News
Crown prosecutors say that “after a thorough review” they have “stayed” animal cruelty costs towards Marineland, an aquatic theme park that allegedly held unlawful dolphin exhibits.
That means they will not pursue the fees filed by Niagara police in Dec. 2021.
The Crown stayed the fees on Wednesday on the St. Catharines courthouse, saying, “The Crown determined that a stay of these charges was appropriate,” stated lawyer common spokesperson Maher Abdurahman.
“Such decisions are not arrived at lightly or without careful consideration. In making these decisions, the Crown considers a number of factors and the circumstances specific to each charge in any particular matter.”
Abdurahman didn’t say what elements had been thought-about on this determination.
In October 2021, Animal Justice, together with different animal rights teams, filed a criticism with Niagara police, after they gathered footage of the aquatic theme park operating a present that includes dolphins.
Charges had been filed by Niagara police in December 2021.
The animal rights group stated the efficiency included dolphins dancing to Mambo No. 5 for a “dolphin dance party,” with dolphins “jumping out of the water, spinning in the air, and pushing trainers through the water.”
Under a bit of the Canadian Criminal Code launched in 2019, captive cetaceans — giant sea mammals corresponding to dolphins and whales— can’t be used “for performance for entertainment purposes” except the efficiency is allowed with a licence from the Ontario authorities.
Animal rights teams discover determination ‘irritating’
Miranda Desa, a lawyer with animal rights group Last Chance for Animals, stated the fees towards Marineland had been from a number of totally different complaints towards the park.
“It was one charge based on all of the complaints and it has now been stayed,” she stated, including that costs might be reinstated throughout the subsequent yr.
“The Crown would have to change their mind and decide that … it would be in the interests of justice to move forward,” she stated.
Desa was in courtroom Wednesday when the fees had been stayed.
“They just said the courts are overwhelmed,” she stated, including the Crown stated the trial would “take a lot of resources” and that the subject material of the trial was “complicated.”
Desa stated in her time as an animal rights lawyer she has seen animal cruelty circumstances are sometimes not given assets by the courtroom system.
“It’s frustrating,” she stated.
The frustration was shared by Phil Demers, a former Marineland coach and whistleblower who was on the receiving finish of a $1.5-million lawsuit by the park till earlier this yr.
“They’ve once again been let off the hook. The unimpeded abuse of whales and dolphins continues, despite clear laws against it,” he stated in a tweet.
Marineland ‘grateful’ for determination
In a press release launched by Animal Justice, the group stated, “Crown prosecutor Michal Sokolski stated that there was a reasonable prospect of conviction in the case, but decided that it was not in the public interest to prosecute Marineland, despite clear video footage depicting the dolphin shows.”
Demers stated on Twitter, “I emailed Crown Attorney Michal Sokolski today to express my disappointment in his poor judgment in dealing with MarineLand’s animal abuse charges. The animals and community deserve better.”
Marineland’s lawyer, Scott Fenton, instructed CBC Hamilton, “Marineland was grateful for the careful and principled review of the matter by the crown attorney which led to the decision to stay the prosecution.”
Const. Philip Gavin with Niagara police stated there’s an ongoing, “separate investigation” of Marineland, unrelated to the dolphin present video “that lead to charges,” however he was unable to remark additional.
