After a decade-long legal battle, former Marineland trainer Philip Demers got to see his beloved walrus Smooshi this week after the tourist attraction in Niagara Falls, Ont., filed a $1 lawsuit .5 million against his former employee.
Demers, the animal rights activist and whistleblower, remains banned from Marineland, but was allowed into the park on Wednesday for a meeting with Smooshi – the first time he had seen her in a decade, a- he said – after news emerged that the legal issues were resolved.
The lawsuit, filed in 2013 by Marineland, alleged Demers trespassed and conspired to steal the 800-pound walrus. Demers filed a counterclaim, also in 2013, for defamation and abuse of process, he told CBC Hamilton.
After several weeks of negotiations, the two parties have dropped the legal proceedings and, as part of a mutual agreement, Smooshi and his little Koyuk will be relocated as soon as “reasonably possible” where “they can join other walruses”.
In a statement released Wednesday, Marineland said “the dispute between Marineland…and Phil Demers has been amicably resolved…Mr. Demers recognizes Marineland’s evolution toward education, conservation and research. , and its commitment to improving animal care.”
Demers said he would leave the exact location where the walruses go to Marineland to share publicly, but agrees the new location is better.
“I’m incredibly happy. I’m thrilled,” he said. “The contrast between where she’s going now and the fact that she won’t be performing anymore and she won’t be in the hot sun anymore and she won’t be separated from her baby anymore, which to me is probably the utmost justice this animal deserves.”
Koyuk was born in June 2021, but Demers said the two have been apart since Koyuk was born so Smooshi could perform in shows.
The fight to free Smooshi
Demers was a trainer at Marineland for 12 years before becoming a whistleblower and activist, shedding light on the living conditions of animals at the facility.
Demers said he decided to use the lawsuit to leverage the release of the animals.
“It was a tunnel vision experience for me. All I ever thought about was Morse code and the conflict with Marineland.”
He said the settlement took a weight off him.
“There is a certain poetic justice in all of this.”
Marineland still in court
Demers’ efforts aren’t the only ones that got Marineland in hot water for its use of animals.
Animal rights group Last Chance for Animals (LCA) filed complaints against the facility last year, claiming videos showed illegal dolphin and whale performances.
LCA attorney Miranda Desa said a 2021 video shows “dolphins performing musical tricks for an audience” and “beluga whales instructed to perform tricks to feed in front of observers,” but Marineland does refer to their broadcasts as “educational presentations” for traveling without a permit.
Under a section of Canada’s Criminal Code introduced in 2019, captive cetaceans – large marine mammals such as dolphins and killer whales – cannot be used “for entertainment purposes” unless the performance is authorized with a license from the Government of Ontario.
Niagara Regional Police told CBC Hamilton the complaint resulted in Marineland being charged with the criminal offense of “using cetaceans for entertainment/entertainment without a license” and that charge is still before the courts. courts.
Police said they have received additional complaints, but as they are actively being investigated, police cannot provide further information.
Desa said Marineland will have its seventh court appearance Sept. 28 in St. Catharines, Ont.
As for Demers succeeding in getting Smooshi and Koyuk rehomed by Marineland, Desa said it was an important step in raising awareness of “animals in captivity and the evils they suffer, especially at Marineland.”
In its Wednesday statement, Marineland said it “has a historic obligation to care for the marine mammals in its care.”
“Marineland needs to take care of its animals and there is no easy or obvious way to relocate them.”
The most important meeting
Demers called his reunion with Smooshi “powerful”. He joked that it was a red carpet entrance, adding, “It was more like a dreary gray concrete carpet.”
He also tweeted a photo of himself cleared back to Marineland grounds.
Take me to my walrus. #SavedSmooshi pic.twitter.com/WBpquhtKSw
Demers said he plans to continue defending marine mammals in captivity, but for now he is happy to have caught his proverbial white whale watching Smooshi and Koyuk being released from captivity.
Although he couldn’t really get close to Smooshi on Wednesday, he hopes this is just the start of a new chapter.
“The door for many more [visits] is wide open,” he said. “I’m looking forward to them all.
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