Toronto Star

Marineland changes ordered

OSPCA secretly gives park seven demands to improve conditions, promote animals’ health

- LINDA DIEBEL AND LIAM CASEY STAFF REPORTERS

The Ontario Society for the Prevention of Cruelty to Animals ordered Marineland to clean up its water and deal with health issues among specific animals, an OSPCA source told the Star.

Until now, the orders have been kept secret.

There are a total of seven OSPCA orders — five to be completed by the end of this month and two that have already been complied with — according to the source, who felt that the public has a right to know but asked to remain anon- ymous for fear of being fired. The orders include: Building shelters for the deer, covered by two orders. Building a structure to protect bear cubs in inadequate dens from being killed by males. Bringing in a marine mammal ophthalmol­ogist to deal with eye issues among pinnipeds (seals, walruses and sea lions). Arranging for increased veterinary care for a particular pinniped.

The two items that the source said Marineland has already completed are: Hiring an outside expert to fully assess its water and filtration system. Implementi­ng an environmen­tal enrichment program for the lone killer whale, Kiska.

Marineland did not respond Friday to questions about the orders.

If Marineland fails to comply, the OSPCA can lay charges.

The orders were issued months ago after a Star exposé on conditions for animals at the park, but kept secret — standard practice according to spokespers­on Alison Cross.

“This is an ongoing investigat­ion,” she said. “To protect the integrity of the investigat­ion, we cannot speak to details at this time.”

Such secrecy by the OSPCA, a private charity with $500,000 in annual provincial funding, has been widely criticized.

“It’s a totally dysfunctio­nal organizati­on,” said Progressiv­e Conservati­ve MPP Frank Klees, who accuses the OSPCA of lacking transparen­cy.

The orders are part of the organizati­on’s overall investigat­ion into the Niagara Falls tourist attraction after the Star series.

Former Marineland trainers and supervisor­s blamed ill health, even death, on sporadical­ly poor water quality and a lack of sufficient staffers. To date 15 whistleblo­wers have stepped forward.

The orders cover specific health and habitat problems cited by the Star.

Meanwhile, Ontario Public Safety Minister Madeleine Meilleur is working to give the OSPCA more powers. She told the Star this week her ministry, which oversees the OSPCA, is closing loopholes, including the most controvers­ial one.

Last fall, the OSPCA announced it couldn’t, under the OSPCA Act, examine animals that were under veterinary care at Marineland.

Meilleur said her staffers are rewriting the act to remove that restrictio­n, as well as other changes that would license aquariums and zoos and beef up standards of care. The OSPCA source said the overall problem is that the society is “kind of out of its element” with Marineland.

“We’re used to dealing with dogs and cats and a wide variety of farm issues.”

Meilleur’s comments come as a new premier is set to be chosen in a leadership convention next weekend and the expected announceme­nt of a new cabinet soon after. Meilleur said a new leader shouldn’t make a difference.

“My successor will follow up on what I started because it’s a priority for our government,” she said. Her ministry is expected to announce changes to the act in the spring.

Meilleur said her staffers have been working on the changes since August, adding that most are regulatory but licensing zoos and aquariums may require a new law. A Meilleur spokespers­on said the minister isn’t aware of the orders because she’s “arm’s length from the OSPCA and has nothing to do with operationa­l decisions.” After the Jan. 31 deadline, the OSPCA plans to send in an inspection team to ensure the orders have been followed. The source said even though it’s believed Marineland has taken care of its water problems, “I have no doubt that the investigat­ors will double check on the first two orders (water assessment and improvemen­ts for Kiska) just to make sure.” Kiska lived alone in a concrete pool without enrichment, such as toys and games for mental stimulatio­n, and a lot of interactio­n with trainers. Whistleblo­wers told the Star that Marineland owner John Holer doesn’t believe in enrichment for marine mammals; the park refused to comment Friday. The marine mammal supervisor quit in December and former trainers are worried about the sea mammals. Marineland wouldn’t comment Friday on whether a replacemen­t for the supervisor has been found. One of the OSPCA orders detailed measures for eye issues. The Star stories included accounts of seals, including Larry, with red, swollen eyes and sea lion Baker, whose irritated lens popped out. At the time, Marineland vet June Mergl told Newstalk 1010 that the animals shown in photos obtained by the Star are elderly and are under constant veterinary care. Eye problems were caused by age and not water quality issues, she said. Mergl has never responded to Star requests for an interview. It’s unclear which pinniped requires extra veterinary care, beyond care by an ophthalmol­ogist. “The (animal) wasn’t in immediate danger. If it was, we would have seized it, although I don’t know if we have a place to put it,” the source said. The Star also described problems with land animals, including deer living in pens without access to foliage or minimal shade. Former land animal supervisor Jim Hammond said at least four cubs have died in recent years because there are no enclosures for birthing mothers and no way to keep the young protected. There’s still frustratio­n among critics. NDP MPP Cheri DiNovo blasted Meilleur for failing to act sooner on regulatory changes and said there’s no guarantee a new minister will toughen laws. “There have been lots of announceme­nts but nothing has changed for these animals,” she said.

 ??  ?? OSPCA orders for Marineland included measures for eye problems. Past Star stories included accounts of animals, including Larry the seal (pictured), with red, swollen eyes.
OSPCA orders for Marineland included measures for eye problems. Past Star stories included accounts of animals, including Larry the seal (pictured), with red, swollen eyes.

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