(Ben Yanis/Flickr photo)

Court rules park board lacked authority to ban whales, dolphins at Vancouver Aquarium

Aquarium’s non-profit group had challenged a bylaw amendment that banned keeping cetaceans in parks

A B.C. court has ruled that Vancouver’s park board didn’t have the authority to ban whales, dolphins and porpoises at the city’s aquarium.

The decision follows Vancouver Aquarium’s announcement last month that it will end the practice of displaying cetaceans in captivity.

READ MORE: False killer whale’s death linked to bacterial infection

READ MORE: Investigation says toxin killed Vancouver aquarium’s beluga whales

The Ocean Wise Conservation Association, the non-profit society that runs the aquarium, filed an application for judicial review last year challenging a bylaw amendment passed by the park board which prohibited keeping cetaceans in parks.

The aquarium has a licensing agreement with the park board that allows it to operate within Stanley Park.

B.C. Supreme Court Justice Andrew Mayer says the agreement states the board will not interfere with the day-to-day administration of the aquarium, and as a result the bylaw amendment is unenforceable against the facility.

He stopped short of striking down the bylaw completely, saying such amendments would be enforceable in parks and facilities that don’t include the Marine Science Centre in Stanley Park.

The Canadian Press

Just Posted

Lynne Smith humbled by mandate given to her by Saltair/Thetis voters

New Area G director looking forward to the challenge and representing her community well

Amazing artist JW-Jones brings his act to the Osborne Bay Pub in Crofton

Live act by a master bluesman something to see and hear

Ladysmith voters elect 5 new faces to town council

Voters overwhelmingly support referendum questions

Three strong earthquakes reported off Vancouver Island

The quakes, all measuring more than 6.0 on the richter scale, were about 260 kilometres west of Tofino

2018 municipal election: Few surprises on Vancouver Island

16 incumbent mayors will continue in their positions for four more years

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

B.C. cold case helps ‘60 Minutes’ explain genetic genealogy

An arrest in the 1987 double-murder of two people from Victoria was one of three examples highlighted in a segment you can watch here

Delivery of cannabis could be impacted by postal strike

BC Liquor Distribution Branch look at alternative third-party delivery services

Local businesses that go above and beyond honoured at annual gala

Better Business Bureau of Vancouver Island Torch Awards go Nov. 2 at the Union Club

Around the BCHL: Chilliwack Chiefs snag spot in CJHL national rankings

Around the BCHL is a look at what’s happening in the BCHL and the junior A world.

Rural regions get priority for B.C. referendum mail-out

Ballot security measures aim to protect against voter fraud

B.C.’s natural gas supply could see 50% dip through winter due to pipeline blast

It’s been two weeks since the Enbridge pipeline ruptured near Prince George on Oct. 9, sparking a large fireball

Mega Millions, Powerball prizes come down to math, long odds

Biggest myth: The advertised $1.6 billion Mega Millions prize and $620 million Powerball prize aren’t quite real

2 Canadians advance to finals at world wrestling championships

Olympic champion Erica Wiebe just missed joining them with a loss 3-1 to three-time world champion Adeline Gray of the United States in the 76-kg event

Most Read