In 2019, Canada drew a moral line by outlawing the capture and breeding of whales, dolphins, and porpoises for entertainment. That law recognized what science and common sense have long shown: wide-ranging, cognitively complex marine mammals suffer in concrete tanks. Yet in 2025, the country still finds itself with a painful unresolved legacy at a now-shuttered marine park in Niagara Falls. Marineland’s remaining whales — mostly belugas — are caught in a limbo of legal loopholes, failed business models, and policy gaps. The situation has become a national test of will and compassion, and the federal government must now turn principle into action.
At a Glance
- Canada banned new cetacean captivity and breeding in 2019, but existing animals were grandfathered.
- Marineland is closed to visitors, faces financial distress, and its whales remain on site without a long-term plan.
- Export of belugas to an entertainment facility in China was recently denied by Ottawa.
- Reports of numerous whale deaths since 2019, plus the death of Kiska, Canada’s last captive orca, underscore the urgency.
- The federal government can lead a coordinated, humane transition for these whales now.
What the Law Says — and What It Doesn’t Solve
Parliament passed the Ending the Captivity of Whales and Dolphins Act in 2019, amending the Criminal Code and the Fisheries Act to ban keeping new cetaceans in captivity and to prohibit breeding. It was a landmark win for animal welfare. Still, the law grandfathered animals already in tanks when it took effect, leaving the hardest question for later: how to get the remaining whales out of a failing business model and into a humane long-term setting.
A Crisis Years in the Making
Marineland has been under sustained scrutiny for animal welfare. Ontario authorities have inspected the park repeatedly, issued compliance orders, and demanded improvements. Across recent years, advocates and former staff have described deteriorating conditions, repeated deaths, and chronic uncertainty about the whales’ future.
In 2023, the park’s last orca, Kiska, died, capping a tragic chapter that drew condemnation worldwide. Reports in 2024 and 2025 cited a troubling count of beluga deaths and signaled ongoing provincial investigations. The park did not reopen for the 2025 season, a buyer has not been confirmed, and the animals remain on site. These facts alone would demand action. Coupled with fresh accounts from former trainers and advocates, the picture becomes indefensible.
The Flashpoint of 2025
This month Ottawa denied an export permit that would have moved Marineland’s belugas to a theme park in China, concluding that continued life in entertainment captivity would not meet Canada’s welfare expectations. In response, Marineland warned it might euthanize whales if emergency funds are not provided. Whatever one thinks about the legal mechanics of export permits or the economics of a private facility, threatening death for lack of public money is a moral nadir — and a call for decisive federal leadership.
Why Tanks Fail Whales
Belugas and orcas are wide-ranging, highly social, acoustic beings evolved for complex lives in cold, dynamic seas. Confinement forces unnatural proximity or enforced isolation, strips away choice, and replaces oceanic soundscapes with reverberant concrete. Even with dedicated caregivers, the biology and psychology of cetaceans collide with the limits of captivity. Canada’s 2019 law reflected that science. The only ethical way forward is to stop pretending that bigger tanks or new shows can fix what concrete cannot.
What “Taking Charge” Should Mean
Taking charge does not mean writing a blank check to a failing park. It means using federal authority to coordinate a humane transition with veterinary leadership, credible sanctuaries, provinces, and the public. With the export denial in place, the whales cannot be shuffled out of sight. Canada must match that decision with a plan that puts each animal’s welfare first, reduces risk, and keeps the public informed.
1. Launch an Emergency Veterinary Triage and Care Plan
Begin with a staged, individualized assessment by an independent veterinary panel, including cold-water cetacean experts. Prioritize medical stabilization, social grouping, water quality, and enrichment. Publish anonymized findings and care benchmarks so the public understands the path and progress.
2. Appoint a Federal Special Coordinator for Captive Cetaceans
Designate a coordinator within Fisheries and Oceans Canada empowered to centralize data, liaise with Ontario Animal Welfare Services, and align legal tools under the Criminal Code and Fisheries Act. The mandate: get the whales to safe, evidence-based placements without delay.
3. Build a Dedicated Transition Fund with Accountability
Establish a time-limited federal fund for emergency veterinary care and relocation logistics. Condition any disbursement on compliance with independent oversight, transparent reporting, and a prohibition on breeding or public performances.
4. Prioritize Sanctuary Solutions
Sanctuary means sea-pen or high-standard coastal facilities where animals experience natural seawater, larger spaces, and a life free of shows. Not every whale can move to an open-water pen at once, but Canada can lead a phased transition anchored in welfare science.
5. Enforce the Spirit of the 2019 Law
Canada’s ban exists because captivity harms cetaceans. The government should clarify that any temporary holding arrangements must exclude performances or commercial displays and continue to deny exports to entertainment facilities. The goal is not to ship a problem offshore but to finish the transition Canada began in 2019.
Answering the Hard Questions
Is euthanasia ever humane? In rare cases where a whale is suffering with no hope of recovery, veterinarians may determine euthanasia as a last resort. But it must never be used as a bargaining chip in financial negotiations.
Are sanctuaries realistic? Yes. Sanctuary projects have advanced design, permitting, and veterinary protocols. They are not instant solutions but the most humane path forward.
What if there isn’t enough space right now? Then Canada must ensure interim care that meets strict welfare metrics under independent oversight. The choice is not between a show tank and a concrete box — it’s between stagnation and progress.
The Cost of Inaction
Every month without a plan means more stress for social animals confined in an aging, unstable facility. It also erodes public trust. Canadians supported the 2019 law because it aligned policy with ethics. Leaving dozens of whales in bureaucratic limbo signals that compassion stops at the press release. The federal government has the legal tools, the scientific backing, and the public mandate to finish the job.
What You Can Do
- Contact your Member of Parliament and urge immediate federal coordination for Marineland’s whales.
- Support credible sanctuary and rescue organizations with the expertise to care for cold-water cetaceans.
- Share evidence-based updates and demand transparency from officials and facilities.
A Humane Canadian Legacy Is Still Within Reach
Policy change is only as real as the lives it improves. Canada’s ban was a clear statement about who we are and what we owe to intelligent beings in our care. Now the country must take charge, move beyond stalemate, and lead these whales to safety. With veterinary science at the helm, federal coordination at the center, and sanctuary partners at the ready, we can close the chapter on captive whale shows and open one of genuine stewardship. Let’s finish what we started in 2019 — and prove that compassion is a practice, not a press conference.