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Canadian Anti-Captivity Bill Introduced Again

| Laura Bridgeman
Topics: Dolphin and Whale Trade, Dolphins

A federal bill to end dolphin and whale captivity throughout Canada was reintroduced by Nova Scotia Senator Wilfred Moore last week. The bill first made its appearance this past summer, at a time when the conservative Harper government held sway of Parliament. However, with the changing political climate in Canada – namely, the new Trudeau government – things may be looking up for the whales and dolphins.

The Ending of Captivity of Whales and Dolphins Act aims to do just that – put an end to the display of cetaceans in aquariums throughout Canada. The act would expand Canada's existing criminal code provisions that prohibit abuse of animals to ban all acquisitions and breeding of cetaceans. Captures would only be allowed in instances where individuals are injured and need help.

Rob Laidlaw, director of Zoocheck, supports the bill, noting that it is long overdue in Canada. “It's been known for quite some time that the majority of Canadians support an end to the incarceration of these long-lived, wide-ranging, deep diving, highly intelligent, extremely social animals for public display purposes.” Zoocheck is one of several organizations supporting the bill, including Earth Island’s IMMP.

This bill follows legislation passed over the summer that makes imports, exports and breeding of orcas illegal in Ontario. In November, California Rep. Adam Schiff also introduced a US federal bill that aims to phase out orca captivity.

Films like Blackfish have focused the public’s attention upon the suffering inherent in cetacean captivity. Yet, many people remain unaware of the issue that lies beneath the overt suffering: that dolphins and whales are still considered property and are not legally entitled to their own lives. This is why cetacean captivity remains legal in Canada, as well as other countries around the world.

These bills represent the beginnings of a fundamental reconfiguration of the place of other animals within our legal systems and in our individual mindsets. For decades, we have had more than enough scientific evidence to prove that dolphins and whales, and likely many other species, meet and even exceed the criteria that enable human beings to be considered legal and moral persons. Our current laws are based on outdated information and so must evolve along with our knowledge.

Sonar, one of the organizations that advised on the bill, joins the growing chorus of voices that advocate for cetacean nonhuman personhood. Senator Moore’s bill is an important step in this direction. While it may not explicitly state a recognition of existent rights of the lone orca or the belugas being held against their will within the squalor otherwise known as Marineland, it reflects this growing understanding and respect of every cetacean’s inherent right to be free of captivity. It’s an acknowledgement of the rights of cetaceans to be the authors of their own lives, without human intrusion. Should it pass, the bill will effectively place cetaceans beyond the use of the entertainment industry in Canada.

Regardless of the outcome of the bill, the conversations that it initiates are of utmost importance. It is a harbinger of the gradual dismantling of human exceptionalism as we come to realize that we are not the only beings who matter, and not the only beings who recognize when our rights are impinged upon.


If you agree that it is time for us to recognize and respect cetacean’s rights to their own lives, please sign and share this petition.