the
orca at Marineland, 2007 Marineland and its owner John Holer have been involved in many controversies throughout the park's history. Animal rights activists have picketed regularly outside the park property for several years and continued to protest as of 2018. In 1977, the U.S. Department of Fisheries seized six
bottlenose dolphins that had been illegally caught by John Holer in the
Gulf of Mexico. In the 1980s, Greenpeace was the first activist group to raise concerns about keeping killer whales in captivity. It objected to the keeping in principle, although it stated that Marineland was one of the better facilities. The level of concern grew in the 1990s. In 1997, a protest was held outside the park by
Ric O'Barry, the trainer of
Flipper of the television series. Other organizations present at the protest included Friends of the Dolphins, Zoocheck Canada and Earth Island Institute. The protesters alleged that Marineland separated mother and child killer whales too quickly and four other whales were stored in unsuitable facilities. In September 2011,
SeaWorld won a court battle with Marineland over the fate of
Ikaika, a killer whale. Ikaika had been originally loaned to Marineland under the terms of a breeding loan agreement between the two organizations, but SeaWorld decided to terminate the agreement due to concerns about Ikaika's mental and physical well-being due to deteriorating conditions at the park. Marineland initially refused to return Ikaika, but was eventually ordered to by the
Ontario Superior Court as well as pay $255,000 in compensation to SeaWorld for legal expenses. On September 10, 2012, the
Toronto Star published an article quoting former Marineland supervisor Jim Hammond alleging that Marineland owner John Holer had shot one of the baby deer in his park through the windpipe with a 12-gauge shotgun, leaving it to choke on its blood without dying. Hammond claimed the park owner refused his pleas for humane euthanasia. On December 20, 2012, the
Ontario Ministry of the Environment announced an investigation into several mass animal graves at the park. The ministry had no previous knowledge of the graves, as Marineland lacks permits for such use. After an investigation by the ministry, Marineland was allowed to continue using a section of the site for animal burials. On March 5, 2013, the
Toronto Star published an article quoting Hammond and a local resident alleging that John Holer had shot two Labrador Retrievers that had escaped a neighbour's house and entered Marineland property. The article also mentioned that Hammond was told by Holer "to check if there were any collars ... around their necks and if there were, to remove them." In September 2013, it was reported that the
Ontario Veterinary College was investigating an unspecified number of veterinarians at Marineland. Also in 2013, OSPCA investigated the claims of some former employees of Marineland claimed that the animals' health was being put at risk by low water quality. OSPCA used the results of the investigation to make suggestions to the subsequent provincial review of its animal welfare laws. performing at Marineland, 2017 In April 2014, the Vancouver newspaper
The Georgia Straight published an article alleging that five harbour seals transferred from the
Vancouver Aquarium had fallen ill at Marineland due to "poor water chemistry". According to the article, one, Pepper, died in 2006 from the conditions while the rest were blind. Marineland filed a lawsuit in July 2014 against
The Georgia Straight and the article's writer for defamation and damages. According to Marineland, Pepper did not die as described in the article and the others were not blind but were in fact generally healthy. It was the eighth lawsuit filed by Marineland since 2012, and the third against a media outlet. In 2015, the Government of Ontario took up debate of the keeping of orcas.
Bob Barker urged Ontario Premier
Kathleen Wynne to order Marineland to give up
Kiska and other animals. On May 28, 2015, the Legislative Assembly of Ontario passed the
Prevention of Cruelty to Animals Amendment Act. The act prohibits the possession or breeding of orcas in Ontario but allowed Marineland to keep its orca. On May 10, 2016, Marineland filed a lawsuit against filmmaker Zach Affolter to prevent the release of his documentary,
Black Water. The park alleges that the film contains footage illegally taken at Marineland and is a violation of their policy preventing the use of footage for commercial purposes. Affolter responded by asserting that "
Black Water is meant as an educational, non-commercial film that dives into the moral question behind keeping cetaceans in captivity." Marineland demanded million in damages for breach of its intellectual property rights. Affolter denied the allegations and said he had found the video of
Kiska on
Facebook. Until the lawsuit was resolved, the film's release was on hold.
Demers allegations with the
walrus Smooshi, circa 2010 In May 2012,
Philip Demers, trainer of the
walrus Smooshi, resigned from Marineland. He had been an employee of Marineland for 12 years and had been noted for his close relationship with Smooshi. Demers made public his concerns about Marineland and has been sued by Marineland. On August 15, 2012, the
Toronto Star published an article of Demers' account, alleging that many sea mammals at Marineland live in inhumane conditions and suffer from a variety of illnesses caused by problems with water quality and chronic understaffing. Holer denied the allegations in the report, which was largely based on interviews conducted with former Marineland employees. The Ontario Society for the Prevention of Cruelty to Animals declined to press charges, but did order changes in park procedures that were then implemented by Marineland. The controversies led to
Suzie McNeil, singer of the park's
jingle, "Everyone Loves Marineland", to ask the park to no longer use her recording. Demers's campaign against the institution is profiled in the 2020 documentary film
The Walrus and the Whistleblower. It was released as part of the Hot Docs Documentary Film Festival. It documented the relationship former Marineland trainer Phil Demers had with the walrus Smooshi before he quit in 2012 and became a vocal critic of the park. In June 2020, the film was named as the winner of 2020 Rogers Audience Award and as Overall Favourite at the
Hot Docs Canadian International Documentary Festival. The Audience Award allowed the film to be fast tracked in the
Academy Award for Best Documentary Feature category, "provided it meets all other criteria for eligibility". The CBC's
Documentary Channel item about the film stated that Demers had "appeared four times on the Joe Rogan show, has testified before the Canadian Senate, and is being sued for $1.5 million for plotting to steal Smooshi, the walrus". On September 20, 2022, Demers and the park reached a non-costs agreement where the walrus Smooshi and her calf Koyuk would be rehomed. The two walruses were removed to SeaWorld Abu Dhabi in March 2023.
The Ending the Captivity of Whales and Dolphins Act In 2015, then-Senator
Wilfred Moore of the Senate of Canada introduced Bill S-203, the
Ending the Captivity of Whales and Dolphins Act. Marineland would be one of two facilities in Canada to be affected by the law after the bill is passed. Marineland, along with the Vancouver Aquarium, opposed the bill. According to Marineland, the Act advances an agenda of entrenching animal rights into the legal framework: "the granting of the rights of a person to whales—what activists call a 'non- human person'—and then to other species". Progressive Conservatives in the Senate, led by Sen. Don Plett, used procedural obstruction to keep the bill from moving to a vote. In June 2018, the senators added amendments intended to exclude Marineland and the Vancouver Aquarium from being covered by the bill. The bill was passed by the Senate in October 2018 and was sent to the
House of Commons of Canada. Andrew Burns, Marineland's lawyer appeared at a House Fisheries Committee meeting in March 2019, to propose an amendment regarding future beluga births at Marineland, claiming the new law is unconstitutional. Senator
Murray Sinclair, the bill's second sponsor in the Senate and a former judge, told MPs no one would be prosecuted when currently pregnant belugas give birth. In the opinion of Sinclair and May, Burns was only intending to delay the bill, so that it could not be passed before the end of the current session of the
Parliament of Canada. The bill was passed by committee without amendments. The bill passed third and final reading in the House of Commons on June 10, 2019.
Animal abuse charges and complaints at Marineland, 2017 In 2012, the Ontario Society for the Prevention of Cruelty to Animals received complaints of animal abuse at the park from former employees and issued orders to Marineland as to the standard of care they should be following. At that time, a full investigation was not conducted. On November 10, 2016, however, the agency received a formal 35-page complaint—compiled by California-based group Last Chance for Animals—which included photographs and videos taken by a former Marineland employee whose identity has not been revealed to the public. (
The Canadian Press obtained a copy of the complaint file which was reviewed by some members of the news media; only excerpts have been published.) At that time, the OSPCA began an investigation of possible animal abuse at the park using its staff and a veterinarian. On November 25, 2016, the OSPCA charged Marineland with five counts of
animal cruelty under the Ontario SPCA Act over their treatment of
peafowls,
guineafowls, and
American black bears in the zoo portion of the park. The Ontario SPCA alleged that the animals were distressed and did not receive the required standard of care from Marineland. The company denied the allegations. Marineland also provided a statement to The Canadian Press: "(Last Chance for Animals) is working together with the fired former employee to exact revenge over his firing and advance their radical cause and goal to shut Marineland." The company also posted a commentary on their Web site indicating that it is "being attacked by disgruntled former employees again, who are working with a professional activist group that raises just under 2 million dollars per year to share their distorted view of facts about others." The post indicated that the company would "vigorously defend ourselves against these charges laid by the OSPCA". A news article on August 10, 2017, stated that the park had started a lawsuit against former employee Demers, one of those who had filed complaints with the OSPCA, for million and that this is only one of nine lawsuits against activists, former employees and the media since 2012. None of the suits has been resolved in court. The new charges related to the treatment of elk, red deer and fallow deer. Deputy chief Jennifer Bluhm of the OSPCA provided the following comment: "While the investigation is still ongoing, these are all the charges we expect to be laid in this case." On previous occasions, Marineland had stated that it would defend against charges in court. The company's first appearance to plead to the charges was set for January 26, 2017. On the same day, Marineland posted another response on its website, critical of the OSPCA handling of the investigation and the charges, including the following comment: "We believe the OSPCA is continuing a publicity campaign at the behest of a band of discredited activists with little relevant expertise or knowledge, in an effort to avoid further embarrassment related to an ongoing investigation into the OSPCA’s perceived failure to protect animals that is being led by the same activists they are now firmly in bed with. ... We will hold the OSPCA to the high standards of Ontario’s legal system and require them to defend their charges to the fullest extent possible." On August 10, 2017, all charges were withdrawn in Niagara Falls Provincial court. The prosecutor stated that there was no likelihood of conviction and pursuit of the matters was found to not be in the public interest The OSPCA inspected the park a week later and did not find any issues of concern. In October 2017, Marineland filed a lawsuit against the OSPCA, alleging that the OSPCA launched its investigation purely to harm Marineland. "It was motivated by a series of improper objectives, including a desire to accomplish its own policy agenda, to mollify the animal activist community, to please its donors, and to effectively destroy Marineland." Marineland is seeking in damages. The OSPCA responded publicly that it "vehemently denies all of the allegations and will defend itself." In January 2020, Ontario's Animal Welfare Services took over enforcement of anti-cruelty laws from OSPCA. Subsequently, it opened an investigation into Marineland, which is ongoing as of May 2023. Since then, Marineland has been inspected at least 160 times, but the government has so far refused to reveal any details. However, in May 2021, an affidavit obtained by The Canadian Press revealed that inspectors had issued two orders to Marineland to repair water systems in animal enclosures. Court documents also revealed that inspectors found all marine mammals in the park to be in distress. Marineland appealed the orders, denying the distress and any relation between water quality and recent deaths, but dropped the appeal a few weeks later. On May 31, 2023, the Government of Ontario charged Marineland over the care of its black bears. "Marineland of Canada, Inc. in Niagara Falls, Ontario, has been charged with three counts of failing to comply with an order, related to the care of American Black Bears," said Brent Ross, a spokesman for the ministry.
Beluga whale deaths • Dee, a beluga whale imported from Russia, died in August 2000 after a petting session. • Sasha, a beluga whale born in 2008 at Marineland, died around October 10, 2011, several days before the off-season. • On May 28, 2012, a nine-month-old beluga, Skoot, born to Skyla, succumbed to its injuries after a two-hour attack by two adult males in a shared tank. Only an untrained guide was on hand to try to stop the attack and he said it took a long time for trainers to respond. By that time, the calf had already died. Marineland's John Holer told the news media that the calf died because of meningitis. • In May 2013, an aquatic inventory website (Ceta-Base.org) reported that belugas Luna and Charlotte were both deceased and said these were the latest of 18 other beluga deaths over the years. The site's August 2017 report indicates additional beluga deaths, some without a date, with the most recent (named R1) having been on July 30, 2015. • In August 2017, Gia (who had been born at the park) died suddenly. A preliminary report indicated that the cause may have been a twisted small intestine that resulted in a fatal blockage. The Ceta-Base site indicates that Gia had been born in 2012. • In March 2024, two more beluga whales died, bringing the total number of deaths to 17 since 2019. • In February 2025, Marineland euthanized a seven-year old beluga whale after it had struggled with medical conditions for several years.
Orca deaths A
Toronto Star report in November 2012 stated that "Marineland has had 26 killer whales over roughly three decades, according to ... Zoocheck Canada. Of these, 17 died at Marineland. ... Six died in other parks after being transferred while one died en route from Marineland to Japan". •
Junior, a wild Icelandic male orca, being kept in an indoor barn, died in June 1994. • Kanuck, separated from mother,
Kiska and stored in a warehouse. Died at age 4 in 1998. • An unnamed whale born at Marineland died in June 1998. • Malik, a three-year-old orca, died due to a deficient immune system in March 2000. • April died in April 2004. •
Neocia died in August 2004 at Marineland. • Hudson died in October 2004 with the cause of death being meningitis. •
Kandu, a wild whale from Iceland that had been at the park since the 1980s, died on December 21, 2005. •
Katak/Splash was born at Marineland and was moved to SeaWorld in 1992 for health treatment. He died in April 2005. • Athena died sometime in spring 2009. The cause of death was by infection. • An unnamed whale died while being moved from Marineland to Japan. •
Kiska, the park's last remaining orca, died from bacterial infection on March 10, 2023. ==Advertising==