(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

Halloween fun in Agassiz Harrison: check out the local spooks and scares

Bridal Falls, Kilby Historic Site, Agricultural Hall host family events

Annie Silver voted new director of Sasquatch Country – Area-C

Silver to take over role of director for Hemlock Valley, Harrison Mills, Lake Errock

Leo Facio re-elected as Harrison’s mayor

Facio joined by three new councillors

VIDEO: Agassiz, Harrison voters on why they went to the polls

Spoiler alert: Most say voting is a civic duty

China opens mega-bridge linking Hong Kong to mainland

The $20 billion bridge took almost a decade to build while incurring major delays and cost overruns

Dangerous Cat 4 Hurricane Willa closing in on Mexico coast

Officials said 7,000 to 8,000 people were being evacuated from low-lying areas, mostly in Sinaloa state

Excessive speed named as cause of Taiwan train derailment

18 people were killed and at least 170 more were injured

Ovechkin has 4 points as Caps rough up Canucks 5-2

WATCH: Defending champs pick up impressive win in Vancouver

Vancouver mayoral hopefuly admits defeat, congratulates winner Kennedy Stewart

Ken Sim of the Non-Partisan Association apologized for the time it took to acknowledge Stewart won

Mental fitness questioned of man charged in Chilliwack River Valley shooting

Peter Kampos told his lawyer ‘his dreams are being stolen and turned into drugs’ at Surrey Pre-trial

Fraser Valley mom stuck in Africa over adoption delay

Kim and Clark Moran have been waiting four weeks to bring son home

B.C. government moves to tighten resource industry regulations

New superintendent will oversee engineers, biologists, foresters

Most Read