Demers, the animal rights activist and whistleblower, is still banned from Marineland, but was allowed into the park Wednesday for a reunion with Smooshi — the first time he had seen her in a decade, he said – after the news that the legal issues were resolved. The lawsuit, filed in 2013 by Marineland, alleged that Demers trespassed and planned to steal the 800-pound walrus. Demers countersued, also in 2013, for defamation and abuse of process, he told CBC Hamilton. After several weeks of negotiations, both sides have dropped the legal action, and as part of the mutual agreement, Smooshi and her calf Koyuk will be housed as soon as “reasonably possible” where they “can join other walruses.” In a press release issued Wednesday, Marineland said “the dispute between Marineland … and Phil Demers has been amicably resolved … Mr. Demers recognizes Marineland’s commitment to education, conservation and research, and of enhanced animal care.” Koyuk, Smooshie’s calf, is introduced to Marineland. The two walruses will be relocated after a decade-long battle between Demers and the tourist park. (Marineland) Demers said he would leave the exact location where the walruses go to Marineland to share publicly, but that he agrees the new location is better. “I’m incredibly pleased. I’m ecstatic,” he said. “The contrast with where she’s going now, and the fact that she’s no longer going to have a show and she’s not going to be under the hot sun and she’s not going to be separated from her baby anymore, which to me is probably the greatest work of justice that deserves this animal”. Koyuk was born in June 2021, but Demers said the two were kept apart since Koyuk’s birth so Smooshi could perform at shows.
The fight to free Smooshi
Demers was a trainer at Marineland for 12 years before becoming a whistleblower and activist, shedding light on the conditions animals lived in at the facility. Demers said he decided to use the lawsuit to leverage the release of the animals. “It was a vision-like experience for me. I was just thinking about the walrus and the collision with Marineland.” He said the arrangement has taken a toll on him. “There is a certain poetic justice to it all.”
Marineland is still in court
Demers’ efforts aren’t the only ones that have landed Marineland in hot water over its use of animals.
Animal rights group Last Chance for Animals (LCA) filed complaints against the facility last year, saying videos showed illegal dolphin and whale shows.
Miranda Desa, a lawyer for LCA, said a 2021 video shows “dolphins performing tricks to music for an audience” and “beluga whales being instructed to perform tricks for food in front of spectators,” but that Marineland refers to the shows them as “educational presentations” to escape without permission.
Under a section of the Canadian Criminal Code introduced in 2019, captive cetaceans — large marine mammals such as dolphins and orcas — cannot be used “for entertainment purposes” unless the show is licensed by the Ontario government.
Niagara Regional Police told CBC Hamilton that the complaint resulted in Marineland being charged with the criminal offense of “use of cetaceans for performance/entertainment without a permit” and that that charge is still before the courts.
Police said they have received additional complaints, but as they are under investigation, police cannot provide more information.
Desa said Marineland will make its seventh court appearance on Sept. 28 in St. Louis. Catharines, Ont.
As for Demers’ success in asking Marineland to house Smooshi and Koyuk, Desa said it’s an important step in raising awareness about “animals in captivity and the harms they suffer, especially at Marineland.”
In its statement Wednesday, Marineland said it “has a historic obligation to care for the marine mammals in its care.
“Marineland needs to take care of its animals and there is no simple or obvious solution to rehoming them.”
The most important reunion
Demers called his reunion with Smooshi “powerful.” He joked that it was a red carpet entrance, adding: “It was more like a gray, sad, concrete carpet.” He also tweeted a photo of himself being allowed back onto Marineland grounds. Take me on my walrus. pic.twitter.com/WBpquhtKSw —@walruswhisperer Demers said he plans to continue advocating for marine mammals in captivity, but for now, he’s happy to have caught his proverbial white whale by seeing Smooshi and Koyuk released from captivity. Even though he couldn’t get very close to Smooshi Wednesday, he hopes it’s just the beginning of a new chapter. “The door to so much more [visits] it’s wide open,” he said, and “I’m looking forward to all of them.”
