Smooshi the walrus leaving Marineland in Niagara Falls, Ont., for SeaWorld Abu Dhabi - Action News
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Smooshi the walrus leaving Marineland in Niagara Falls, Ont., for SeaWorld Abu Dhabi

Smooshithe walrus and her calf,Koyuk, are leaving Marinelandin Niagara Falls, Ont., for SeaWorld Abu Dhabi in United Arab Emirates, according to an activist whoraised concerns about their health and safety years ago.

Phil Demers, an animal rights activist and whistleblower, said new facility is a big improvement

Demers and the Niagara Falls, Ont., park settled a decade-long legal battle that will see two walruses relocated but Demers said Marineland is breaching the settlement agreement. (Hot Docs)

Smooshithe walrus and her calf,Koyuk, have leftMarinelandin Niagara Falls, Ont., for SeaWorld Abu Dhabi in United Arab Emirates, years after activists first raised concerns about their health and safety.

Phil Demers, a Marinelandwhistleblower who was Smooshi's former trainer,told CBC Hamilton the two walrusesleft the park Tuesday morning.

SeaWorldsaidwalruses from both Marineland and the Quebec Aquarium had been "safely transported to SeaWorld Abu Dhabi," it said in a statement to CBC Hamilton Wednesday.

Marinelandand its lawyersdidn't immediately respond to requests for comment.

Demerswas embroiled in adecade-long legal battle with Marinelandthat ended last year.A lawsuitfiled in 2013by MarinelandallegedDemers trespassed and plotted to steal the800-pound Smooshi. Demersfiled a counterclaimfor defamation and abuse of process.

Bothsidesdropped legal actionwith the agreementto re-locate Smooshi and Koyuk.

Koyuk was born in June 2021, but Demerspreviously said the two have been kept apart since Koyuk's birth so Smooshi could perform in shows.

Part of the settlementstated the walrus and her calf would be rehoused at a facility in North America that is accredited bytheAssociation of Zoos and Aquariums, according to Demers.

SeaWorld Abu Dhabi isn't on that list but he's not too upset. From his understanding, he said, it's a new facility.

"I'm actually quite pleased ... this is going to be a far improvement, a far-improved facility," Demers said.

According to its website,SeaWorld Abu Dhabi is slated to open some time in 2023 on Yas Island, and will be the region's "first Marine Life Theme Park."It is built next to the region's "first dedicated marine research, rescue, rehabilitation and return center," which is already operational, it says.

In its emailed statement, SeaWorld saidthe walruses would be living "in groups in a modern specialized environment to advance their worldwide conservation... We are eager for visitors to be introduced to, and hear the stories of, these wonderful animals," it said.

Their move to the regionwas "conducted in accordance with international transport protocols," it added.

Phil Demers worked at Marineland for 12 years before becoming an animal activist. (Submitted by Phil Demers)

However, given themove breaches the settlement agreement with the company, Demers said he willpursue legal action forfinancial compensation.

"My lawyer, his mind is absolutely blown that Marineland would so egregiously breach our settlement agreement," he said.

"We're going to take our time and make sure we proceed in a measured way."

Koyuk, Smooshie's calf, is shown at Marineland. (Marineland)

Marinelandhas faced criticism in the past for its handling of animals.

Last year, crown prosecutors stayedcharges filed by Niagara policeagainst Marineland forallegedly hosting illegal dolphin and whale shows.

Despite that, police said in December there was still a separate, ongoing investigation. They wouldn't provide further details at the time.

There have also been concerns aboutMarineland's treatment of Kiska the whale,which Animal Justice, an animal law non-profit group, dubbed "the world's loneliestorca."

With files from Michael To and Cara Nickerson