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5 Can. J. Comp. & Contemp. L. 349 (2019)
The Whale, Inside: Ending Cetacean Captivity in Canada

handle is hein.journals/cajccl5 and id is 359 raw text is: T[he Whale, Inside: Ending Cetacean Captivity in Canada* Katie Sykes** Canada hasjustpassed a law making it illegal to keep cetaceans (whales and dolphins) in captivity for display and entertainment.- the Ending the Captivity of Whales and Dolphins Act (Bill S-203). Only two facilities in the country still possess captive cetaceans. Marineland in Niagara Falls, Ontario; and the Vancouver Aquarium in Vancouver, British Columbia. The Vancouver Aquarium has announced that it will voluntarily end its cetacean program. This article summarizes the provisions of Bill S-203 and recounts its eventful journey through the legislative process. It gives an overview of the history of cetacean captivity in Canada, and of relevant existing Canadian law that regulates the capture and keeping of cetaceans. The article argues that social norms, and the law, have changedfundamentally on this issue because of several factors. a growing body of scientific research that has enhanced our understanding of cetaceans' complex intelligence and social behaviour and the negative effects of captivity on their welfare; media investigations by both professional and citizen journalists; and advocacy on behalf of the animals, including in the legislative arena and in the courts. This article is current as of June 17, 2019. It has been partially updated to reflect the passage of Bill S-203 in June 2019. Katie Sykes is Associate Professor of Law at Thompson Rivers University in Kamloops, British Columbia. Her research focuses on animal law and on the future of the legal profession. She is co-editor, with Peter Sankoff and Vaughan Black, of Canadian Perspectives on Animals and the Law (Toronto: Irwin Law, 2015) the first book-length jurisprudential work to engage in a sustained analysis of Canadian law regulating the treatment of non-human animals at the hands of human beings. She is a graduate of the University of Toronto Faculty of Law, Harvard Law School, and the Schulich School of Law at Dalhousie University. From 2004 to 2010, she was an associate in the New York office of Cleary Gottlieb Steen & Hamilton LLP, and from 2002 to 2003 she was law clerk to Hon. Justice Louis LeBel of the Supreme Court of Canada.

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