For over sixty years, Marineland amusement park located in Niagara Falls, Ontario provided fun and thrills for families across Canada. While the park featured many rides, including one of the largest roller coasters in the world at one point, it also featured a zoo and the exhibition of marine life, such as dolphins, sea lions, walruses, as well as orca and beluga whales. The park has also attracted controversy through much of its existence from animal rights activists for allegations of poor conditions and animal abuse. After the death of its owners, the park finally closed last year. However, the park still owns 30 beluga whales and it is quickly running out of money to care for them. With the federal government refusing an export permit to move the whales to China, the park now claims they may need to euthanize the belugas. With few good solutions available, it’s unclear what should become of these whales.
As noted, Marineland was the target of criticism for some time. In 2015, the Government of Ontario banned the practice of breeding and keeping orca whales in captivity. Marineland, however, was grandfathered into the legislation. (Kiska, the final orca whale living at Marineland died in 2023.) In 2019, the Government of Canada also passed a law banning the capture and captivity of all whales and dolphins. Marineland was, once again, grandfathered into the legislation. Now that the park has closed, it has sought to export all 30 remaining belugas to Chimelong Ocean Kingdom theme park in China. But the federal minister refused to sign off on the export order, noting that it would “perpetuate the treatment these belugas have endured.” With the park running out of resources, it told the federal and provincial governments that without emergency funding it will need to euthanize all 30 whales. The minister continues to hold a hard line: “The fact that Marineland has not planned for a viable alternative despite raising these whales in captivity for many years, does not place the onus on the Canadian government to cover your expenses.”
This situation presents a complicated moral dilemma. There are limited published studies documenting beluga self-awareness cognition such as the mirror test. Belugas are known to be highly social – able to communicate in very complex and multi-faceted ways – and engage in problem-solving and mimicry. They are part of the same sub-order of mammals that include all whales, dolphins, and porpoises – all of which are known to have a high degree of intelligence. Intelligence may not always represent the minimum benchmark of moral considerability, but it is an important one. If non-human persons exist, many point to whales, elephants, dolphins, cephalopods, and, of course, apes as potential candidates.
Still, there are no great options for the belugas. The first option is to approve the export request and have the belugas moved to China. But this keeps the whales in captivity and does not guarantee their well-being. Meanwhile, simply releasing the belugas (an arctic whale) who have lived their entire lives in captivity into the wild would be a death sentence. They would struggle to feed themselves and would likely be rejected by other animals in the wild.
Many have proposed creating a sea sanctuary where the belugas would live in a sectioned off part of the ocean. Unfortunately, no such sanctuaries exist in North America. Iceland maintains one, but it does not have sufficient resources to take all 30 belugas. Were Canada to build such a sanctuary, it would cost 2 million dollars a year to care for the whales. Of course that kind of project would take a great deal of time to realize, hardly an option for these whales today. To complicate matters further, a paper published this year suggests that such “natural” environments may not guarantee improved welfare as animals showed signs of stress living in the open ocean.
With Marineland claiming that without emergency funding the whales will have to be euthanized, animal rights advocates argue the Government of Ontario has an obligation to prevent the death of the whales, and that they ought to simply seize the belugas. But this too comes with substantial obstacles and risks. The Ontario Government is not particularly well-placed to care for the whales – especially with no long-term solution to the problem. Besides, these are precisely the kinds of financial obligations the minister refuses to foist on taxpayers. Perhaps the best course of action is simply to agree to the export of the whales to China, where they will be used to human handlers and controlled environments.
There are no alternatives here without downsides.
Given that Marineland was created under Ontario legislation, that the whales were legally imported and exhibited for several years, and that legislation reigning in these practices always contained a carveout for Marineland, then perhaps the onus is on the government to both seize the whales and ensure their safety. While Marineland is a private business and their failures should be their own, the governments of Canada and Ontario have contributed to the problem. To start, whale captivity was tolerated (and even welcomed) in the first place. Marineland had no alternative plans, but clearly neither did the government when they assumed we could end the practice of capturing, keeping, and exporting whales with the stroke of a pen. They seem to have had no idea what might happen when the company they grandfathered in became insolvent. Sometimes if you want cake, you have to eat it.