Ontario’s Solicitor General claims Marineland‘s 30 beluga whales are “not in Ontario’s jurisdiction” as he amps up the pressure on the Federal government to approve export permits to China and Nova Scotia.
Earlier this month, the Niagara Falls amusement park threatened to euthanize its remaining belugas after Federal Fisheries Minister Joanne Thompson denied Marineland’s request for an export permit to move the whales to an aquarium in China.
Thompson said she denied the request because she did not want to subject the belugas to a future of performing in captivity, consistent with a federal law passed in 2019.
When the situation reached a standstill, Marineland said it was “actively working with the provincial government to find a suitable solution” for the whales.
On Wednesday, however, Solicitor General Michael Kerzner appeared to punt the responsibility back to the federal government while claiming the Ontario government is “not abandoning the whales.”
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“We think it’s urgent that the federal government revisit the necessary documents on the export permit, and to sign it so at least some whales can go to China and maybe some can go to Nova Scotia,” Kerzner told journalists at Queen’s Park.
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While Nova Scotia’s government just approved the construction of North America’s first coastal refuge for retired theme park whales, the sanctuary would only be able to take 10 of the 30 whales.
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Marineland has said there are no viable alternatives in the world other than China’s Chimelong Ocean Kingdom, which could take all 30 belugas.
“What we want to see is that the federal government not abrogate their responsibility,” Kerner said.
“That was a viable alternative that Marineland came forward with to see the whales live their next life’s chapter. And I really believe that that would help the situation dramatically,” Kerzner said.
When asked what specifically Ontario was doing to help the welfare of the whales, Kerzner said “the action is [he’s] continuing to advocate” to the federal government.
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“It’s not in Ontario’s jurisdiction, to help the whales with their next life’s chapter,” Kerzner said.
In fact, the welfare of animals in Ontario and the enforcement of the Provincial Animal Welfare Services (PAWS) act, falls within Kerzner’s responsibilities as the Solicitor General – which Kerzner later acknowledged.
“Well, we are responsible for the Provincial Animal Welfare Services Act, and we have a very, very strong piece of legislation that sets the expectation and tone for everybody to care for their animals,” he said.
Kerzner also rebuffed calls for the government to seize the whales in place, which could leave Ontario taxpayers on the hook for the hefty bill of $1-$2 million per month to feed, house and care for the mammals.
Again, Kerzner claimed his government didn’t have the power.
“This is a private business. We can’t go in and seize anything. What we want to do is firstly, make sure that all the animals in Ontario are cared for under the provisions of the PAWS Act.”
In fact, the PAWS law specifically outlines that an animal welfare inspector can “seize any animal” in Ontario without a warrant if the inspector has determined the act has been breached.
Kerzner finally suggested that other than weekly inspections the provincial government is looking to “let the Minister of Fisheries and Oceans take the lead and help the situation.”
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