Marineland charges dropped
Crown withdraws multiple animal cruelty charges filed by the OSPCA
Eleven counts of animal cruelty against Marineland have been withdrawn.
The charges, filed in November and January by the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), were dropped by the Crown Thursday morning at Provincial Offences Court in Niagara Falls.
The charges related to the care of the park’s black bears, elk, deer, peacocks and guinea hens.
The Crown dropped eight of the charges because there was no “reasonable prospect” of conviction. The remaining three were dropped because they were deemed “not in the public’s interest” to pursue.
When contacted afterwards, an OSPCA spokeswoman was unaware of the withdrawal, saying “the decision to drop all the charges was one made by the Crown.
“We are extremely disappointed in this outcome and feel that this matter is of public interest, as all animals rely on humans for appropriate care for their general welfare, and the public demands this.”
During a brief statement in court, Marineland senior attorney Doug Hunt said “we don’t share the view ... there was any ground for laying these charges.”
In a statement released after the decision, Marineland reiterated its stance the charges were part of a “publicity campaign at the behest of a band of discredited activists.”
The park says the OSPCA issued multiple press releases about the charges, then posted the information to “internet platforms they actively fundraise from.” “They also organized and conducted a news conference to publicize the laying of the charges. Marineland expressly requested to listen in to the press conference and the OSPCA refused that request.
“Marineland was unnecessarily made to suffer severe reputational damage at the hands of the OSPCA’s publicity and fundraising machine.”
In November, the OSPCA said it “responded to concerns” when it had a veterinarian inspect the park. Five animal cruelty charges were laid 15 days later involving standards of care for a peacock and approximately 35 black bears.
Six more charges were laid in January, including permitting elk to be in distress and failing to provide prescribed standards of care for fallow deer and red deer.
No animals were removed from the park.
“We want to reassure the public that the society will continue to make sure these animals are getting the care they require,” said OSPCA senior inspector Steve Toy in January.
Marineland blasted the charges, saying they stemmed from a former employee fired for “poor performance and inappropriate behaviour.” It looked forward to “OSPCA laying out their case in court, where facts matter.”
Thursday’s decision followed several court appearances, including a pre-trial hearing on July 20 closed to the public and media.
Following Thursday’s decision, animal activist and former Marineland employee Phil Demers was dismayed at the Crown’s suggestion court costs were a factor in dropping the charges.
“That’s something Marineland probably relied on,” he said. “I have concerns with how public the court system is.”
He was equally angry at the OSPCA following the decision, wondering if the charges were “a stunt” to help with their funding.
“You can’t tell me after laying 11 charges some eight months ago that there wasn’t enough ground or public interest to proceed. It’s exhausting, it really is.
“My jaw’s on the floor. It always is. I’ve tempered my expectations, especially when it comes to this justice system, and especially with the OSPCA. Quite frankly, I find them completely useless.”
Marineland is suing Demers for $1.5 million – one of nine lawsuits it has filed against activists, former employees and the media since 2012. None of the suits have been settled in court.
He worries Thursday’s decision will prevent others from speaking out against possible animal cruelty.
“I’m frustrated. This is five years of carrying this major load. You finally see the wheels of justice ... but it seems in this case it rolls away from the victims.
“It is going to discourage anyone from ever wanting to speak out, wanting to help animals, wanting to call the appropriate authorities. Because you can’t have any faith in this system.”
Following the charges, Marineland enacted a policy of recording all subsequent OSPCA inspection soft he park. A two-day inspection in February was “audio and video recorded,” and found no issues of concern.