Marineland guilty of charges over its care of 3 young black bears

Marineland has been found guilty under Ontario's animal cruelty laws of three charges related to its care of three blackbears, which lived in cramped quarters with little access to water for months.

The Niagara Falls, Ont., tourist attraction had sought a stay ofthe charges related to the living conditions of the three youngbears, arguing it was an abuse of process. That application wasdenied by the court.

Marineland, along with the Crown, then presented an agreedstatement of facts in court Thursday, with Marineland's lawyersaying that it would be sufficient "to make a finding of guilt."

"Rather than take up more time of this court and the parties,Marineland is essentially stipulating that the facts in the agreedstatement of facts are true," Marineland lawyer Scott Fenton toldthe justice of the peace.

"They would be sufficient for you to make a finding of guilt oneach of the three charges."

Fenton stressed that Marineland was not making a guilty plea andthe park maintained the ability to appeal.

Justice of the peace Eileen Walker agreed and convictedMarineland.

Fenton declined comment after the hearing and Marineland did notimmediately respond to a request for comment.

The three bears were born in 2020.

Maddie Black, then a worker at Marineland, went public aboutfishing the cubs out of their den for fears male bears would killthem. That prompted an investigation by the province's AnimalWelfare Services, which enforces animal cruelty laws across Ontario.

Marineland fired Black after she spoke out.

Animal welfare inspectors visited Marineland in June 2021

The agreed statement of facts, read in court by Crown attorneyDanielle Meuleman, paint a picture of how the young bears lived atthe park.

The bears Slash, Toad and Lizzy lived in enclosures thatmeasured just 48 square feet. The females, Toad and Lizzy, livedtogether in one enclosure while Slash lived alone. They had accessto an outside enclosure no larger than 360 square feet, thestatement of facts said.

Animal welfare inspectors visited Marineland in early June 2021and by mid-June issued orders to the park.

The bears needed to be housed in an enclosure that was at least10,000 square feet in size if all three were to live together, or5,000 square feet if alone.

The park was also required to build climbing structures for thebears. The bears further needed some sort of padding, such as soil,bedding or leaf litter to minimize risk of injury should they fall,court heard.

The bears also needed water, she said.

"The three bears must have access to water sources such aspools, streams, or ponds," Meuleman said as she read the facts. "Awater source must be permanent and have an adequate filtrationsystem to maintain institutional water quality parameters."

Animal Welfare Services gave the park until September to comply.

Marineland did nothing, court heard.

"No new or expanded enclosure was built or under construction," Meuleman said. "The existing enclosures for thethree bears did not contain water features that met the requirements of the order."

In February 2022, Animal Welfare Services seized the two femalebears and took them to a rescue facility due to Marineland'snon-compliance.

The province continued to tell Marineland about itsnon-compliance for the male bear, Slash.

Marineland did nothing, and on Nov. 16, 2022, the provinceremoved Slash.

'A watershed moment': animal rightsgroup

Marineland faces a maximum fine of $100,000 for the first countand a $250,000 fine for the two subsequent counts. There is nominimum fine.

Fenton told court Marineland and the Crown will likely agree on ajoint submission on the fine amount. Sentencing is scheduled forAugust.

Animal activists welcomed news of the convictions.

"The court decision reinforces why Marineland should not be ableto own any wildlife," said Michele Hamers with World AnimalProtection. "How many more examples are needed before Marineland isshut down once and for all?"

Thursday's development is believed to be the first time Marineland has been convicted under animal cruelty laws, saidCamille Labchuk, executive director of Animal Justice.

"This is a watershed moment for animal protection," she said.

"Now, it's time for authorities to hold Marineland responsiblefor the appalling conditions that marine mammals continue to livein."

Former Marineland trainer turned activist Phil Demers said thegovernment needs to do more for the animals at Marineland.

"The animals at Marineland have long suffered without anyoversight or government intervention," Demers said. "Today's newsturns a new leaf for the future of Marineland's animals who deservethis protection."

Solicitor General Michael Kerzner said the government has "zerotolerance for the mistreatment of animals" and the conviction isproof its approach to protecting animals is working.

"Animal Welfare Services continues to conduct regular inspections of Marineland and as seen in this case, will nothesitate to issue orders and charges against those who violate Ontario's animal welfare laws," Kerzner said.

The province has been investigating the park for four years.

One killer whale, 14 beluga whales and one dolphin have died atthe park since 2019.

There are 15 bears remaining at Marineland, which welcomed a cubin January 2023.

Marineland banned a Canadian Press reporter from its propertylast year.