Marineland, a popular tourist attraction in Niagara, Ontario, has been ordered to pay nearly $85,000 in fines and restitution after being found guilty under Ontario’s animal cruelty laws for three charges related to its care of three black bears. The fines include $15,000 for each bear, a 25% victim surcharge, and $28,000 in restitution for the care of the bears after they were seized by animal welfare officers. The bears, named Slash, Toad, and Lizzy, were found to be living in small enclosures with inadequate access to water for months. The statement of facts revealed that the bears were kept in enclosures measuring only 48 square feet, with the two females sharing one.
Animal welfare inspectors visited Marineland in early June 2021 and issued orders to the park, including the requirement for the bears to have enclosures of at least 5,000 square feet if alone and access to water sources. However, when not enough progress was made on improving the enclosures months later, Animal Welfare Services removed all three bears from Marineland’s care. A lawyer representing Marineland stated in court that the orders were issued during the COVID-19 pandemic, making it difficult to find staff to do the necessary carpentry work, but efforts were being made at the time the bears were removed.
The agreed-upon fines and restitution represent a significant penalty for Marineland, which has never before been convicted under animal cruelty laws. Michelle Psutka, a representative for Marineland, emphasized that this was a fail-to-comply case and not a finding of animal cruelty. Marineland has until late September to pay the restitution fee, which is based on the costs of caring for two of the bears for roughly six months before they were relocated to a permanent enclosure at a wildlife facility. The justice overseeing the case expressed satisfaction that the proposed sentence addressed the need for deterrence as well as any mitigating factors.
Despite the ruling, animal law advocacy organization Animal Justice expressed disappointment that prosecutors did not seek an order prohibiting Marineland from having other animals or impose ongoing remedial measures. The organization, which had sought to participate in the sentencing process as an intervener, sees the ruling as historic as it marks the first time Marineland has faced legal consequences for animal welfare offenses. Camille Labchuk, the organization’s executive director, called the ruling a watershed moment in the fight to protect vulnerable animals from being abused for entertainment. The province has been investigating Marineland for four years, and the organization points to the deaths of several marine mammals at the park as a cause for concern.
In conclusion, Marineland has been ordered to pay significant fines and restitution after being found guilty under Ontario’s animal cruelty laws for its treatment of three black bears. The bears were kept in small enclosures with inadequate access to water, leading to their removal from Marineland’s care by Animal Welfare Services. While Marineland has until September to pay the restitution fee, some have expressed disappointment that more stringent measures were not imposed, such as prohibiting the park from having other animals. Animal Justice sees the ruling as a historic moment in the fight to protect animals from abuse for entertainment purposes. The province’s investigation into Marineland’s practices raises concerns about the welfare of the remaining animals at the park.
