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Another beluga whale dies at Marineland, Ontario says water quality is ‘acceptable’

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TORONTO – Three weeks after the death of another beluga whale at Marineland, the Ontario government is speaking publicly about its ongoing investigation of the park, saying water troubles are under control after a recent investment.

The province’s chief animal welfare inspector told The Canadian Press that to her understanding, marine mammal deaths at the tourist destination in Niagara Falls, Ont., have not been related to water quality.

That’s despite the fact the water did not meet the standard of care until recently, Melanie Milczynski said in a rare interview.

She offered the first glimpse inside the government’s four-year-long probe of Marineland, the only place in Canada where whales are still in captivity.

Five belugas have died at the park in the last year and 17 have died since late 2019, government records show. Three other belugas sold to a Connecticut aquarium in 2021 have since died.

Kiska, the country’s last remaining killer whale in captivity, died in April 2023. One dolphin, one harbour seal, one grey seal, two sea lions and two Magellanic penguins have also died at the park in the past five years.

The most recent whale death has prompted renewed calls from opposition politicians for the province to explain what is happening, with the leader of the Ontario NDP saying the park should be shut down entirely.

Marineland did not answer questions about the animal deaths, and instead twice responded to recent queries with accusations that journalism published by The Canadian Press was driven by its reporter’s “personal animal rights beliefs and activism.”

The park has previously said that the animal deaths are part of the cycle of life, and defended its treatment of the animals. It has also said that water has nothing to do with the deaths.

The province’s “proactive team” of inspectors, which is a specialized unit of 10 inspectors that examine zoos and aquariums, test Marineland’s water weekly, Milczynski said.

They have visited the park 205 times since the province took over animal welfare enforcement from the Ontario Society for the Prevention of Cruelty to Animals in 2020, she said.

She said Marineland also tests its water regularly and the results match those of the government, which show a “significant improvement” in quality.

Milczynski said that at one point in time, the park did not meet the standards for water quality. She did not specify when that was.

In 2020, Animal Welfare Services launched an investigation into the park. The following year, it declared that all marine mammals in the park were in distress due to poor water quality and ordered Marineland to fix the issue. Marineland appealed the order while denying its animals were in distress, but later dropped that appeal.

Milczynski said she does not know what the rationale behind that order was at the time, but the marine mammal deaths do not appear to be related to the water problems at the park.

“From the information that I was given, I don’t believe so,” said Milczynski, who became chief animal welfare inspector in March.

She said “the standards are being met” when it comes to water quality.

“It really is a full time job to monitor the quality of water in a drinking water system that the municipality provides, in a swimming pool that’s open to the public and then similarly with the facilities that are at Marineland,” Milczynski said.

“They’ve invested in some significant technology that will help them do that, and we’ve been working with them and learning from them what that technology does. And because of that it’s within the acceptable limits, but because it’s a new system, we want to have the confidence that the system is going to do what it’s supposed to do every day.”

The Ministry of the Solicitor General, which oversees the animal welfare inspectorate, said 32 orders have been issued since 2020, and four of them are currently open.

An order related to water quality, or “life support systems” as Milczynski called it, remains open.

A second open order calls for proper record-keeping on “the treatment” of marine mammals, which the park is working on, Milczynski said.

She said Marineland knows the cause of death of the animals but the province is not at liberty to discuss its findings.

Asked for details about what caused the most recent deaths, Marineland said it would no longer communicate with a reporter from The Canadian Press.

“A fair disclosure of your personal animal rights beliefs and activism is entirely lacking from your stories,” the park said in an email.

“You have consistently displayed an inability to professionally ‘report,’ instead advancing inferences and false allegations in aid of your personal views. You have consistently failed to report known facts or make necessary inquiries if doing so does not advance your ‘position.’ This may be effective for your ‘purposes,’ but it leaves the public misinformed and uninformed. It is not reporting.”

The park went on to suggest that questions from The Canadian Press “appear to relate solely to ticking a ‘box’ to say you inquired.”

“We do not expect you will print any of this,” it said.

In March, Marineland responded to questions about the deaths of two belugas that month. They said both died due to stomach torsion and it was “not possible to operate on beluga whales to correct that issue.”

“Because Marineland’s population of whales is the largest in the world, greater than all in North America, health issues typical to the population happen here,” said a written statement from Marineland at the time.

“All the whales are under constant weekly supervision and oversight by the government regulator and cared for daily by in-house vets and numerous external consultants. The reality is that all animals eventually die from one cause or another whether in the wild or captivity.”

News of the latest beluga death prompted calls from opposition leaders and animal rights activists for the province to do more at the park.

“It’s disgraceful. They should have shut this place down years ago,” said New Democrat Leader Marit Stiles.

“I think the government should be taking action and I can assure everyone that if — when — we form government, we will.”

Liberal Leader Bonnie Crombie said the government needs to be held accountable

“This is a constant theme with this provincial government that there is no accountability because there is no transparency in anything they do,” Crombie said.

“Let’s have some transparency. What is the plan to ensure these beautiful mammals are being cared for properly and that they’re not dying?”

In the summer of 2023, a Canadian Press reporter and photographer visited Marineland. Staff said there were 37 belugas in the park at the time. Shortly after the visit, Marineland banned the reporter from its property.

After the deaths over the past year, it is believed that 32 belugas remain. Drone footage shot by advocacy group UrgentSeas showed 32 belugas at the park in mid-October.

Recent footage the organization published on social media shows one of the whales being transported by a crane and rejecting fish from a trainer.

“As soon as you need to start physically intervening to feed the animal, the situation is dire,” said the group’s co-founder Phil Demers, a former trainer at the park. He said he believes the whale is ill.

Marineland said in early 2023 that it was looking for a new owner, and has not said what it will do with the remaining animals once the park is sold. This past summer, the park was open for just two months, instead of a usual five-month run, with few animals on display.

Owner Marie Holer died last month. At the time, the park said a succession plan had been put in place, but it did not offer details.

Ontario has plans to turn the Niagara region into a “Las Vegas of the north.” The provincial tourism minister has said the park is not necessarily part of its vision.

“Whatever it is the government is doing there now, it’s not working,” said Demers.

“Are they just waiting for all the whales to die?”

This report by The Canadian Press was first published Nov. 8, 2024.



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‘Do the work’: Ottawa urges both sides in B.C. port dispute to restart talks

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VANCOUVER – The federal government is urging both sides in the British Columbia port dispute to return to the table after Saturday’s collapse of mediated talks to end the lockout at container terminals that has entered its second week.

A statement issued by the office of federal Labour Minister Steven MacKinnon on Monday said both the port employers and the union representing more than 700 longshore supervisors “must understand the urgency of the situation.”

The statement also urged both sides to “do the work necessary to reach an agreement.”

“Canadians are counting on them,” the statement from MacKinnon’s office said.

The lockout at B.C. container terminals including those in Vancouver — Canada’s largest port — began last week after the BC Maritime Employers Association said members of International Longshore and Warehouse Union Ship and Dock Foremen Local 514 began strike activity in response to a “final offer” from employers.

The union said the plan was only for an overtime ban and a refusal to implement automation technology, calling the provincewide lockout a reckless overreaction.

On Saturday, the two sides began what was scheduled to be up to three days of mediated talks, after MacKinnon spoke to both sides and said on social media that there was a “concerning lack of urgency” to resolve the dispute.

But the union said the talks lasted “less than one hour” Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after “there was no progress made” in talks conducted separately with the association and the union.

“The BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,” a statement from the employers said.

“In a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 … the offer did not require any concessions from the union and, if accepted, would have ended this dispute.”

The employers said the offer includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker, but the union said it did not address staffing levels given the advent of port automation technology in terminals such as DP World’s Centerm in Vancouver.

After talks broke off, the union accused the employers of “showing flagrant disregard for the seriousness of their lockout.”

Local 514 president Frank Morena said in a statement on Saturday that the union is “calling on the actual individual employers who run the terminals to order their bargaining agent — the BCMEA — to get back to the table.”

“We believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,” Morena said.

No further talks are currently scheduled.

According to the Canada Labour Code, the labour minister or either party in a dispute can request a mediator to “make recommendations for settlement of the dispute or the difference.”

In addition, Section 107 of the Code gives the minister additional powers to take action that “seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,” and could direct the Canada Industrial Relations Board “to do such things as the Minister deems necessary.”

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 “is very vague about what it allows a minister to do.”

“All it says is that the minister can refer a problem and a solution to the Labour Board. They can ask the Labour Board to try and solve the problem,” he said.

“Maybe the minister will try to do that. It remains to be seen.”

The other option if mediated talks fail — beyond the parties reaching a solution on their own — would be a legislated return to work, which would be an exception to the normal way labour negotiations operate under the Labour Code.

Parliament is not scheduled to sit this week and will return on Nov. 18.

The labour strife at B.C. ports is happening at the same time another dispute is disrupting Montreal, Canada’s second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a “final” offer was not accepted, greatly reducing operations.

This report by The Canadian Press was first published Nov. 11, 2024.



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Man facing 1st-degree murder in partner’s killing had allegedly threatened her before

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LONGUEUIL, Que. – A man charged with first-degree murder in the death of his partner in a Montreal suburb was out on bail for uttering threats against her when she was killed.

Shilei Du was charged today with the killing of 29-year-old Guangmei Ye in Candiac, Que., about 15 kilometres southwest of Montreal.

Sgt. Frédéric Deshaies of the Quebec provincial police says their investigators were called by local police to a home in Candiac at about noon on Sunday.

The charges filed at the Longueuil courthouse against 36-year-old Du allege the killing took place on or around Nov. 7.

According to court files, Du had previously appeared at the same courthouse for allegedly uttering threats to cause death or bodily harm against Ye on Sept. 7.

Du pleaded not guilty the following day and was released on bail one day later. He had been present in court on the uttering threats charges on Nov. 6.

Du, whose current address is listed in Montreal, was arrested on Sunday at the home where Ye was killed.

The case is scheduled to return to court on Nov. 19.

This report by The Canadian Press was first published Nov. 11, 2024.

The Canadian Press. All rights reserved.



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Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid

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MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear oral arguments Monday on whether a law that legislators adopted more than a decade before the Civil War bans abortion and can still be enforced.

Abortion rights advocates stand an excellent chance of prevailing, given that liberal justices control the court and one of them remarked on the campaign trail that she supports abortion rights. Monday’s arguments are little more than a formality ahead of a ruling, which is expected to take weeks.

Wisconsin lawmakers passed the state’s first prohibition on abortion in 1849. That law stated that anyone who killed a fetus unless the act was to save the mother’s life was guilty of manslaughter. Legislators passed statutes about a decade later that prohibited a woman from attempting to obtain her own miscarriage. In the 1950s, lawmakers revised the law’s language to make killing an unborn child or killing the mother with the intent of destroying her unborn child a felony. The revisions allowed a doctor in consultation with two other physicians to perform an abortion to save the mother’s life.

The U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion nationwide nullified the Wisconsin ban, but legislators never repealed it. When the Supreme Court overturned Roe two years ago, conservatives argued that the Wisconsin ban was enforceable again.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that allows abortions before a fetus can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, argues the 1849 ban should be enforceable. He contends that it was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the old ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for lower appellate courts to rule first. The court agreed to take the case in July.

Planned Parenthood of Wisconsin filed a separate lawsuit in February asking the state Supreme Court to rule directly on whether a constitutional right to abortion exists in the state. The court agreed in July to take that case as well. The justices have yet to schedule oral arguments.

Persuading the court’s liberal majority to uphold the ban appears next to impossible. Liberal Justice Janet Protasiewicz stated openly during her campaign that she supports abortion rights, a major departure for a judicial candidate. Usually, such candidates refrain from speaking about their personal views to avoid the appearance of bias.

The court’s three conservative justices have accused the liberals of playing politics with abortion.

The Canadian Press. All rights reserved.



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