(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

Canada wins gold in bobsleigh

Justin Kripps and Alexander Kopacz tied for first in two-man event at 2018 Winter Olympics

Thrilling finish to 59th All Native Tournament

Kitamaat, Hydaburg, Port Simpson and Kitkatla win championships in 2018 All Native Tournament

Day 6 from the All Native Basketball Tournament

Scores from Feb. 16 and finals matchups at the All Native Tournament in Prince Rupert, B.C.

Day 5 of the All Native Basketball Tournament

Scores from Feb. 15 at the All Native Tournament in Prince Rupert

Queen Charlotte voters test sewage plan ahead of Feb. 24 referendum

Comparing Martynuik Road site and Skidegate tie-in a key issue at council Q & A

REPLAY: B.C. this week in video

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

VIDEO: Protesters rally for affordable housing ahead of B.C. budget

Residents call on province to keep locals housed

#Metoo movement causing confusion in many men, fear of missteps with women: experts

Being painted by the same sweeping brush as those alleged to have mistreated women has angered men

Liberals to dig deeper, aim higher on gender equality in 2018 federal budget

Finance Minister Bill Morneau said the budget would include measures to boost women in the workforce

Body of missing skier found

Man’s truck found in Revelstoke Mountain Resort’s parking lot covered in ‘several days’ snow’

B.C. VIEWS: Subsidy supercluster settles in B.C.

Ottawa, Victoria add to their overlapping ‘innovation’ budgets

OLYMPIC ROUNDUP: Canada’s first ever men’s ski slopestyle medal

Men’s hockey team beats South Korea and women’s curling reverses losing streak

Most Read