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Environment

Canada Passes 'Free Willy' Bill Banning Captivity, Breeding and Capture of Whales, Dolphins and Porpoises

By Pam Wright

June 11, 2019

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At a Glance

  • The Ending the Captivity of Whales and Dolphins Act (Bill S-203) was first introduced in 2015.
  • Known colloquially as the "Free Willy" bill after the 1993 movie, the law phases out the captivity of cetaceans in Canada.
  • The penalty for breaking the law is a fine of up to $150,000 USD.
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Canada's House of Commons passed a bill Monday banning the capture, captivity and breeding of dolphins, whales and porpoises.

The Ending the Captivity of Whales and Dolphins Act (Bill S-203) was first introduced in 2015 and passed Canada's House of Commons by a large margin after previously passing the country's Senate in October.

The bill is now back in the hands of the Senate, where it must gain "royal assent," or final approval, before it officially becomes law.

The passage of the bill sent a wave of celebration through the ranks of animal activist groups and Canada's Green Party.

“The passage of Bill S-203 is a watershed moment in the protection of marine animals and a victory for all Canadians,” Rebecca Aldworth, the executive director of Humane Society International/Canada, said in a press release.

“Whales and dolphins don’t belong in tanks, and the inherent suffering these highly social and intelligent animals endure in intensive confinement can no longer be tolerated.”

Known colloquially as the "Free Willy" bill after the 1993 movie, the law phases out the captivity of cetaceans in Canada, except for rescues, rehabilitation, licensed scientific research or if doing so is in a cetacean's best interests.

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"A person may move a live cetacean from its immediate vicinity when the cetacean is injured or in distress and is in need of assistance," the bill states.

The penalty for breaking the law, if given the royal assent, is a fine of up to $150,000 USD.

Senator Wilfred Moore sponsored the bill and said upon its passage Monday that Canada had "a moral obligation to phase out the capture and retention of animals for profit and entertainment. Canadians are calling upon us to do better — and we have listened.”

Canada's humane society notes in its press release that marine scientists agree that "whales and dolphins suffer great psychological and physical harms in captivity, including isolation, chronic health problems, abnormal behavior, high infant mortality and extreme boredom."

“The living conditions for captive marine mammals cannot compare to their natural ocean environments in size, nor in quality. We thank the federal government and all those involved in the passage of Bill S-203, so that our laws can finally align with the Canadian peoples’ values and end this cruel practice,” leading marine scientist Hal Whitehead said.

Currently, there are only two facilities in Canada that house cetaceans: the Vancouver Aquarium and Marineland in Niagara Falls. While the facilities will be able to keep the cetaceans they currently have on site, they will no longer be able to breed or acquire new ones.

Only whales, dolphins and porpoises are cetaceans. Other marine mammals like manatees, seals, sea lions and otters do not belong in the same family and are exempt from the bill.

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