Yesterday in St. Catharines, Justice Richard Lococo gave his ruling in the hearing reviewing Marineland's injunction order which was obtained against me last year. While I was not successful in having the injunction order set aside entirely which was my goal, I was successful in arguing that the injunction should not be expanded in scope or consolidated with another more restrictive injunction order against Dylan Powell. I also successfully opposed the Powell order being expanded to include any and all persons made aware of it even though Dylan Powell acting on behalf of Marineland Animal Defense consented to this change which would have affected all demonstrators in the future.
Ultimately what came out of Justice Lococo's ruling today was some modifications to the original injunction order. Some orders were deleted, for example one barring me from protesting against Marineland veterinarian June Mergl, something of which I have never participated in. The extremely vague order of "not violating Marineland's rights" was deleted as well. Clarification came on the order against trespassing on Marineland property as Marineland provided a survey map of the area. The Justice also ruled that I may not interfere in Marineland owner John Holer's privacy by publicly identifying the make, model and license plate of his vehicle. I see no problem with that.
We successfully defended Marineland's request to expand my order to contain language restrictions on the words "abuse" "torture" "criminal" "arrest John Holer" & "animal abuse". This was not included in the revised order and these restrictions solely apply to Dylan Powell.
I respect the court's decision and will respect the orders even though I disagree that the injunction in its entirety was not set aside. I will consider appealing this decision. Overall though I'm pleased that my rights to free speech and public protest were ultimately defended. I'm proud to have opposed Marineland's attempt to place other unnamed demonstrators under severe restrictions while Marineland Animal Defense sheepishly consented to this.
Marineland and my counsel will now submit costs to the court for review. No doubt Marineland will be seeking that I pay their court costs as I will be seeking the same from them. Marineland's $1.5 million dollar lawsuit against me is still going forward and I will need to defend that as well. This hearing represents what will likely be one battle in a long legal war. I will continue to oppose this facility and this industry as long as they are willing to exploit animals in their pursuit of profits. Thanks to all who continue to support my efforts and thank you to my counsel Kevin Toyne.
Marineland Canada is a notorious captive marine mammal park located in Niagara Falls Ontario Canada. It has one of the worst records in the world for deaths of orcas, dolphins and beluga whales. Details of animal abuse and neglect were brought forward by 15 employees in 2012 in a widely published expose in the Toronto Star newspaper. Marineland has a 50 year history of systematic abuse of animals, people, the environment and the legal and political systems.
I've been served with a 1.5 million dollar lawsuit by Marineland. Their suit follows several weeks of me standing on public property and offering leaflets to people exiting. At the very beginning of this peaceful action of public protest the owner of Marineland John Holer, was captured on video threatening me with violence in an attempt to intimidate me from exercising my fundamental freedoms guaranteed under the Canadian Charter of Rights and Freedoms.
During these leafleting actions the Niagara Regional Police have been called on several occasions by Marineland and have observed my presence outside the park. At no time have I ever been subject to a criminal investigation, ticket, arrest or detention due to my opposition to Marineland. I have never received an order from any member of the police to halt my actions.
In their claim against me Marineland has made numerous false and unproven accusations about my activities near the park. Along with monetary damages they seek to limit my abilities to engage in peaceful and legal opposition against Marineland.
Marineland is a giant corporation with limitless resources to engage and entangle me in frivolous and lengthy litigation. They seek to not only crush my opposition to the park but any other person in the future who would consider standing up against them and also expressing their rights of freedom of speech.
I am one average citizen who has taken up a fight against Marineland and I need your help in this battle. If they can successfully sue me into shutting up and staying away then they can and will do this to anyone. I need your help to retain proper and competent representation in order to fight this bully on behalf of all of us. As you probably know legal representation is very expensive and is certainly beyond my family's means.
For everyone who believes this is a just cause, please help me by donating whatever you can and sharing this appeal. Thank you so much for all your support.
Listen to an interview with me on Niagara radio about this lawsuit: https://soundcloud.com/mike-garrett-5/tom-mcconnell-interviews-mike
Details of the Marineland Investigations by the Toronto Star: http://www.thestar.com/news/investigations/marineland.html
SEAWORLD & Marineland: http://www.marinelandindepth.com/2013/09/seaworld-v-marineland.html
For those that wish to donate directly via PayPal:
You can also use the above address to send donation via interac: http://www.interac.ca/en/interac-etransfer/etransfer-detail