Marineland charged for using dolphins and whales in illegal shows, will appear in court in Feb.

Niagara Regional Police have charged Marineland for allegedly using dolphins and whales for entertainment purposes.

In an email to CityNews, a spokesperson said last week they began an investigation in October over the Niagara Falls, Ont., tourist park’s use of cetaceans in shows.

“We can confirm that in late October of 2021, the Niagara Regional Police received a complaint from a member of the public regarding Marineland and their use of marine animals,” said Const. Philip Gavin.

“An investigation has been commenced and is being conducted by detectives of our 2 District Niagara Falls detective office. As the investigation remains ongoing, it would not be appropriate to provide further investigative details and potentially jeopardize the investigation.”

In August, they found Marineland used dolphins and whales for entertainment purposes. That goes against laws passed in 2019 that made it an offence for dolphins and whales to perform.

Marineland faces one count of using a captive cetacean for performance for entertainment purposes without authorization. Representatives will appear in court on Feb. 14, 2022.

In a statement, Marineland says the initial complaint stemmed from an “educational presentation” that they claim was designed by experts “to provide Canadians with an accessible opportunity to learn about marine life,” including the marine mammals essaying behaviours they exhibit in ocean environments.

“Marineland understands why ideologically driven activists would file a police complaint and appreciates the pressure the Niagara Regional Police were put under to lay such a charge,” a spokesperson said.

“We look forward to the opportunity to defend ourselves in a court of law where the feelings of non-experts are not treated as facts and the truth prevails.”

They go on to say that the park anticipated a response of this sort from activists, adding, “this is not the first time an organization has applied unreasonable political pressure to use policing powers against Marineland.”

“We regret that the Niagara Regional Police have found themselves in this position, and anticipate, as happened the last time activists successfully exerted pressure in this way, the courts will find Marineland to be not guilty, as a matter of law,” the statement reads.

“Marineland continues to be committed to our mission of research, education and conservation and will continue to provide world-class care for the animals who call Marineland home.”

Marie Holer, the wife of Marineland founder John Holer, says on their website that “We have a strong record of providing for the welfare of our animals and will continue to prioritize their health and wellbeing as a central focus of our mission.”

“Our dedicated employees are present at Marineland every single day of the year doing what’s best for our animals, even though we’re open to the public for a few short months,” Marie Holer writes.

“Marineland Canada has and will continue to evolve with the times, inspired by my husband’s evolution of the park that brought us to where we are today.”

Marineland has been investigated for animal cruelty on several occasions, dating back as early as 2010. John Holer denied the allegations, insisting his animals were well cared for. He died in 2018.

In July, Ontario’s animal welfare watchdog found that marine mammals at the tourist attraction were in distress due to poor water quality.

On May 10, inspectors issued two orders to the Niagara Falls, Ont., park to repair the water system in the pools that house beluga whales, dolphins, walruses, sea lions and one killer whale.

Marineland appealed the order on May 18, denying the animals were in distress and noting that an unknown number of whale deaths at the park were not related to the water issues.

In an affidavit prepared for the appeal, one of the animal welfare inspectors described the water issues at the park.

“The life support systems for marine mammals at Marineland have been found to be in need of repair, and parts have not been maintained,” wrote Alanna Goziaman.