Marineland seeks to have charges over bears stayed, pleads not guilty
CBC
Marineland has pleaded not guilty to alleged offences regarding its care of three young black bears and has asked to have the charges stayed.
The Niagara Falls, Ont., tourist attraction filed a motion on Friday to have the case stayed over what it alleges is an abuse of process.
Ontario's Animal Welfare Services, part of the Ministry of the Solicitor General, laid three charges against Marineland last May for failing to comply with an order.
The province had previously ordered Marineland to build an enclosure for the bears — named Slash, Lizzie and Toad — with climbing structures and permanent access to water.
Marineland argued it had complied with the order because it forfeited the bears to the Crown — they were relocated to sanctuaries — rather than building an enclosure.
Animal Welfare Services had revoked the order in December 2022, after the bears had left the park.
"Removal of the bears was a form of compliance," said lawyer Scott Fenton, representing Marineland. Fenton argued that charging Marineland for non-compliance with the original order, when that order had been later revoked, was wrong.
"Allowing this prosecution to proceed would constitute an abuse of process," he argued.
The Crown opposed Marineland's motion. Prosecutor Jason Kirsh said Animal Welfare Services issued the order regarding the bears in June 2021, but gave Marineland until Sept. 11, 2021 to comply.
The Crown argued Marineland was not in compliance between Sept. 11, 2022 and Feb. 18, 2022.
On Feb. 18, 2022, Animal Welfare Service inspectors determined Marineland had not complied with the order to build the bears' structure and ordered the removal of two of them, Kirsh said.
Marineland also remained non-compliant on the last bear, and on Nov. 16, 2022, inspectors ordered that bear's removal, court heard.
On Dec. 12, 2022, with all three bears forfeited to the Crown, the province revoked the initial order for the structure, court heard. The province laid three counts of failing to comply with orders in May 2023.
The Crown said Marineland has misinterpreted the law.
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