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'World's loneliest killer whale': SHOCKING truth behind Marineland as heartbreaking footage emerges

The water park has been probed after it was found it violated the Ending the Captivity of Whales and Dolphins Act

A water park where "world's loneliest killer whale" -- dubbed Kiska -- was filmed slamming its head against the tank has been charged after it was found it violated a criminal act to protect whales and dolphins. Marineland has been charged by police in Niagara Falls for allegedly using animals for a park performance without permission. The charge filed against the marine park on Monday, December 13, was “Use captive cetacean for performance for entertainment purposes without authorization pursuant to a license contrary to 445.2(4) of the Criminal Code”.

According to Niagara Regional Police (NRPS), the probe began in October. The case reportedly has a connection to a summer display that investigators believe violated the Ending the Captivity of Whales and Dolphins Act. In a statement, authorities said: “During the investigation, it was found that dolphins and whales were utilized for entertainment purposes during the month of August, without being authorized to do so following an amendment to the Criminal Code under Bill S-203 on June 21, 2019.”

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Advocacy group Animal Justice also confirmed the probe and said the investigation was launched against Marineland after the group’s lawyers filed a legal complaint against it accusing it of breaching the Criminal Code during dolphin performances. The complaint stated, “The dolphin shows at Marineland feature a pop music soundtrack, trainers announcing a ‘dolphin dance party’, and dolphins performing tricks like jumping out of the water, spinning in the air, and pushing trainers through the water. Spectators are encouraged by staff to cheer on the tricks.”

Lawyer Camille Labchuk, executive director of Animal Justice, said last month: “Authorities must step in to investigate whether Marineland’s dolphin performances violate federal laws protecting dolphins from being forced to participate in demeaning performances.” Now on December 11, Animal Justice took to Twitter, where it shared, “GOOD! After receiving Animal Justice's legal complaint, police are investigating Marineland to determine if its dolphin shows are illegal & if criminal charges should be laid. In [Canada], it's against federal law to force dolphins to perform for entertainment.”

On Monday, December 13, Labchuk also tweeted, “BREAKING: Niagara Police have charged Marineland with unlawfully using a cetacean in performance for entertainment, which is an offense under s. 445.2(4) of the Criminal Code. This became illegal in 2019. They will appear in court on February 14, 2022.”

The attorney, however, expressed her concern for the animals still at Marineland, which is reportedly on sale to a real estate developer. She told Global News on Monday, “We’re calling on the provincial and federal governments to get involved in this situation and do what they can to make sure these animals go to a sanctuary if Marineland is sold. And that they don’t end up at another marine park where they will be exploited for entertainment.”

But Marineland defended itself and stated that their programs are for “educational” purposes and were “designed by experts to provide Canadians with an accessible opportunity to learn about marine life.” “We look forward to the opportunity to defend ourselves in a court of law where the feelings of non-experts are not treated as facts and the truth prevails,” it added.