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LICENSE TO KILL: The fate of Marineland’s beluga whales expose the ethical cracks in Canadian animal law

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Marineland has a deteriorating facility and expensive care on its hands for animals it can no longer use to turn a profit. The threat to kill the belugas as a solution to its economic woes, while shocking, reflects the ethical emptiness of the Canadian legal system when it comes to animals. Simply put, Canadian law still allows human and corporate owners to kill their animals because animals are legally treated as “property.” The belugas and other animals at Marineland deserve to live. A legal system that allows them to be killed because it is economically convenient is one that needs to change. It’s not the belugas that should be euthanized, but rather the human exceptionalism that continues to drive Canadian law and policy.

Most people think countries like Canada have strong animal protection laws, but it doesn’t. A case in point is the unfolding tragedy-in-the-making at Marineland. Facing economic ruin amid waning public acceptance of whale captivity, Marineland has threatened it will euthanize its remaining 30 beluga whales unless the government provides emergency funding for their care.

This ultimatum follows the federal government’s recent denial of Marineland’s request for an export permit to ship the belugas to a large theme park in China. Fisheries Minister Joanne Thompson denied the permit due to concerns that the belugas would be used for entertainment — a fate now illegal in Canada since the 2019 ban on capturing cetaceans for display.

The 2019 federal legislation banned bringing new cetaceans into captivity, subject to a few exceptions. Ontario passed a similar law in 2015. However, the cetaceans who were already in captivity were not included, effectively preserving Marineland’s property rights over its remaining animals.

But with changing public attitudes, Marineland now has a deteriorating facility and expensive care on its hands for animals it can no longer use to turn a profit. The threat to kill the belugas as a solution to its economic woes, while shocking, reflects the ethical emptiness of the Canadian legal system when it comes to animals. Simply put, Canadian law still allows human and corporate owners to kill their animals because animals are legally treated as “property.”

Marineland can carry out its “euthanasia” so long as it doesn’t run afoul of tepid anti-cruelty laws, which are poorly enforced, as demonstrated by Marineland’s history.

Animal advocates have long argued that captive and socially deprived animals at Marineland have suffered for decades… Even so, since 2019, 20 whales have died in Marineland’s care… In fact, anti-cruelty charges against Marineland have only gone ahead twice: once in 2021 regarding water quality for the cetaceans and once in relation to its care of black bears in 2024.

The dearth of legal sanctions for Marineland, and its ability to hold the lives of its belugas as a bargaining chip, highlights the need for a legal paradigm shift. But it’s not just the interests and needs of whales that are at stake here. Other animals matter, too, not least the non-cetaceans still at Marineland and the animals trapped in farms, labs and zoos…

We need to displace the human exceptionalism that characterizes our laws and shapes our relationships with all animals — even dogs, cats and other companion animals. This means rejecting the idea that humans are superior and animals are merely “property.” It also means valuing and respecting animals enough to stop their immense suffering in captive industries. Eliminating human exceptionalism would dramatically reshape society by calling for structural changes to our economy, laws and daily practices. But it would benefit all of us…

While whales in the ocean have it better than the belugas still enduring captivity at Marineland, all animals — no matter where they live — are unjustly harmed by a social and legal system that privileges human and corporate interests and runs roughshod over the interests of non-humans.

The belugas and other animals at Marineland deserve to live. A legal system that allows them to be killed because it is economically convenient is one that needs to change. It’s not the belugas that should be euthanized, but rather the human exceptionalism that continues to drive Canadian law and policy.

We can transition away from this outdated and harmful worldview toward a future that views justice and compassion from an interspecies lens and will uplift us all. MANEESHA DECKHA

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