(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

Lou’s Grill close to reopening after devastating 2016 fire

Popular restaurant was gutted in an accidental fire

B.C. BUDGET: Fare freeze, free travel for seniors on BC Ferries

A complete fare freeze will be put into place on major routes, and fares will be rolled back on smaller routes by 15 per cent

Claim dismissed against RCMP over 2008 Mission woman’s murder

Mother of Lisa Dudley, shot in her home along with her partner, had alleged negligence

BC BUDGET: NDP cracks down on speculators, hidden ownership

Foreign buyers’ tax extended to Fraser Valley, Okanagan, Vancouver Island

BC BUDGET: New spaces a step to universal child care

Fees reduced for licensed daycare operators

VIDEO: Top 10 B.C. budget highlights

The NDP is focusing on childcare, affordable housing and speeding up the elimination of MSP premiums

Two Haida men detained for crossing U.S.-Canada border

Edenshaw and Frisby travelled from Alaska to Prince Rupert for the All Native Basketball Tournament

Alberta takes out full-page ads in B.C. over strained relationship

It’s the latest move between the two provinces over progress on Trans Mountain pipeline expansion

B.C. teacher suspended over allegedly using N-word in worksheets

Trafalgar Elementary teacher under investigation by Vancouver School Board

Toddler swept away in Ontario floods

Toddler missing as flooding forces thousands from their homes in Ontario

BC BUDGET: New money helps seniors’ care shortage

Job stability for care aides key to recruitment, union leader says

Mixed messages on B.C.’s efforts to cool hot housing market

Economist says undersupply of homes in Metro Vancouver, Victoria and Kelowna will keep prices high

Foot found near Victoria belonged to missing Washington man

Coroner says no foul play suspected in death of 79-year-old Stanley Okumoto

Questions raised over B.C. NDP’s childcare budget plan

Advocates concerned how to fill 22,000 new spaces for early childhood educators

Most Read