Don't expect aquarium referendum anytime soon

By Sandra Thomas, Vancouver Courier, August 18, 2010 7:03 AM

Coalition For No Whales in Captivity spokesperson Annelise Sorg has been pushing for a referendum on keeping whales and dolphins at the Vancouver Aquarium for 18 years, nine park boards, six civic elections and 30 park board commissioners.

So she wasn't surprised last month when the Vision Vancouver majority of park board commissioners voted down a motion by the Green Party's Stuart Mackinnon to hold a non-binding plebiscite on keeping captive cetaceans as part of the 2011 civic election. Mackinnon's motion followed the June death of Nala, the aquarium's one-year-old baby beluga, whose death was caused by a penny and several rocks trapped in an airway.

According to Vision Vancouver park board chair Aaron Jasper, such a move could put the park board at risk of a lawsuit should the aquarium decide to get litigious. That's because in 2006 the previous NPA-dominated park board extended the aquarium's lease for 20 years with a deal there'd be no discussion on captive cetaceans until 2015. At the same time, the NPA commissioners of the day quashed the previous COPE-dominated board's promise to hold a plebiscite on the issue.

And now, the aquarium is preparing to expand, once again, thanks to $15 million from the feds and $10 million from the province. The aquarium's expansion isn't news--the $80 million project was approved in 2006 without a public referendum. But it's notable that government funding was announced just weeks after Mackinnon's failed motion--and at a time when the park board has been forced to lay off staff and cut back on community centre programs, not to mention the school board forced to close schools due to budget cuts.

The NPA-dominated park board of 2006 approved the expansion based on a $300,000 survey paid for by the aquarium, which made many residents and some park board commissioners question the validity of the results. COPE commissioner Loretta Woodcock summed it up this way: "The public is being asked if they really like the aquarium expansion," said Woodcock at the time. "Or if they really, really like it."

What Mackinnon, Woodcock and many residents want now is a plebiscite that offers one simple yes-or-no question, such as "Should the aquarium phase out the containment of cetaceans in Stanley Park?"

Aquarium president John Nightingale explained that some of the work in the expansion includes vital repairs to infrastructure, such as the underwater wall and viewing window located underneath the B.C. Wild Coast exhibit, which opened in 2001. Nightingale said if that vital work isn't completed, the aquarium will have to drain that pool. He adds those improvements are interconnected with other work--for example the roof on that gallery will also have to come off and be replaced, changing the appearance of the building from the outside. The expansion has been broken up into eight separate yet connected projects to be completed in three phases.

I asked Nightingale if any of the improvements will change the way visitors view the whale, dolphin and sea lion pools in light of Nala's death, which many blame on humans tossing items into the cetaceans' pools. Just two weeks ago, the spouse of a Courier reporter was at the aquarium when a child tossed a purple wallet into the sea lion pool. Nightingale says that while changes to viewing areas aren't on the aquarium's to-do list, the final design has yet to be decided.

According to the book People, Fish and Whales: The Vancouver Aquarium Story by Murray Newman and Nightingale, the first aquarium expansion was in 1967. Subsequent expansions have taken place at regular intervals ever since. In 1995, the majority of NPA commissioners voted that any future expansion would go to referendum. But in 2006, another NPA-dominated board rescinded that promise. So the aquarium has been running the show ever since. Given the park board's history of flip-flopping, does anyone really expect a change in 2015? It's probably going to take Annelise Sorg at least another six civic elections and another 30 commissioners before the park board finally stands up and asks, "Should the aquarium phase out the containment of cetaceans in Stanley Park?"

sthomas@vancourier.com

© Copyright (c) Vancouver Courier

City's democratic deficit

By Michael Bellegarde, Vancouver Sun August 7, 2010

One of the hardest things to find in Canada right now is good old-fashioned democracy.

After Stephen Harper prorogued Parliament and the B.C. Liberals slammed the harmonized sales tax down the throats of the electorate, I had clung to the hope that municipal politics would be the last bastion of democracy.

Alas, the Vancouver park board recently voted against Green Party commissioner Stuart MacKinnon's motion to have a plebiscite about whales and dolphins being kept in captivity.

For me, this was less an issue of cetaceans in captivity than of the democratic process in Vancouver's politics.

The commissioners who voted against the motion all took the coward's route out -- each one stated that a deal was in place with the Vancouver Aquarium and he or she had to honour it.

I would agree with them.

However, the motion was simply to ask the citizens what they thought, not to amend the agreement or renege on the deal.

The results of the plebiscite would merely have served as a compass to guide the board in its decisions, come 2015.

I am relatively new to Vancouver, but I thought I had read somewhere that Mayor Gregor Robertson is a bit of a socialist.

Why are his Vision Party comrades on the park board catering to corporate wishes, rather than the will of the people?

Michael Bellegarde

Vancouver

© Copyright (c) The Vancouver Sun

Read more: http://www.vancouversun.com/news/City+democratic+deficit/3371283/story.html#ixzz0vvvWo52D

Vacation time

The Vancouver Board of Parks and Recreation takes a break in August, and so will I. The next meeting of the Board will be on September 20th, however the Planning and Environment committee will meet on September 9th. Wishing you all a happy holiday.

The Good is in the Doing

Last Monday evening COPE Commissioner Loretta Woodcock and I brought a motion to the Board of Parks and Recreation seeking a plebiscite in 2011 on phasing out cetacean (whales and dolphins) exhibits in our parks. This motion was brought forward in order to give the citizens of Vancouver the opportunity to democratically express their wishes on this controversial subject. It was not surprising that over 20 delegates came to speak. It was also not surprising that the Aquarium spoke against this initiative. What was surprising was Vision Vancouver's lack of empathy for the cetaceans in captivity and their continuing bullying tactics with the public. Board Chair Aaron Jasper had repeatedly claimed over the previous week that a plebiscite could bring a legal action against the Board which would cost the taxpayers countless dollars, yet at the table this was not mentioned, instead substituting the mantra, first intoned by the Aquarium, that "a deal is a deal". This confirmed my apprehension that Vision Vancouver believes that local government can sign away our democratic rights. Somehow a 'deal' made with the Aquarium prevents the voters of Vancouver from expressing their will in a ballot initiative.

Then in a truly bizarre twist, after accusing the proponents of the motion of trying to waste taxpayers dollars, Jasper sounded like he made a commitment to hold a stand alone plebiscite in 2015 on this subject, thereby incurring ten of thousands of dollars in costs. 2011 was the last opportunity to hold a plebiscite in conjunction with a civic election, saving you money. As my mum used to say, penny wise and pound foolish.

Despite the motion falling 5-2 I still believe this was the right thing to do. I still believe that the citizens of Vancouver have the right to decide what activities are permissible in our parks. I still believe that contracts and 'deals' cannot usurp the basic democratic rights of citizens. Bringing this motion forward was the right thing to do. As my friend Janos Mate said to me, "the good is in the doing". I believe we have done good.

Park Board votes down plebiscite on whales, dolphins at aquarium

VANCOUVER - The Vancouver Park Board has voted against holding a non-binding plebiscite on whether or not to keep dolphins and whales at the aquarium.

Officials say the final vote was two-to-five, with only Green party park board commissioner Stuart Mackinnon and Loretta Woodcock voting for the motion.

Had the motion passed, it would have created a public, non-binding vote on whether or not the aquarium can keep the animals for the fall civic election.

Park Board spokeswoman Joyce Courtney said the meeting was attended by 23 separate delegations, mostly for the motion. Courtney noted, however, that some groups, including the Vancouver Aquarium, were in opposition of the motion, which was originally brought up by Mackinnon.

The discussions were described as "very lively," and around 60 people packed into the room where the meeting was held.

Mackinnon had previously said he thinks the public is ready now to end the practice of capturing whales and dolphins for exhibition.

"My motion is about the democratic process," he said. "The board has agreed it will renew the bylaw concerning captive cetaceans in 2015, and so the referendum should be held next year."

The Vancouver Aquarium is one of the city's major tourist attractions. It is home to five beluga whales and three dolphins, and has housed as many as three killer whales.

Mackinnon's motion would have called for live shows at the aquarium to be phased out, with no new whales or dolphins captured to replace those now at the aquarium.

© Copyright (c) The Vancouver Sun

Why a plebiscite on captive cetaceans? Why now?

The following is an editorial I wrote for the CityCaucus.com web site.


Post by Stuart Mackinnon in Editorial

A pivotal vote that will affect the Vancouver Aquarium happens Monday evening

Last Monday I submitted a motion to the Vancouver Board of Parks and Recreation to hold a plebiscite during the 2011 civic election on the phasing out of cetaceans (whales and dolphins) in captivity in Vancouver parks. The latest death of a beluga whale calf in June 2010 at the Vancouver aquarium has brought up once again the topic of cetaceans in captivity. According to the LifeForce Foundation, at least 36 cetaceans, including 9 orcas, 7 narwhals, 8 belugas and 12 Pacific White Sided Dolphins have died at the Vancouver Aquarium. The academy award winning documentary film, The Cove, has brought to the world’s attention the industrial killing and capture of dolphin populations. The Vancouver Province newspaper on June 23, 2010 wrote, in an editorial, that the public are calling into question the wisdom and morality of keeping captive cetaceans that otherwise deserve to be born, live, and die in their natural environment, saying "the latest in a long line of whale deaths at the aquarium — this time one-year-old beluga calf Nala — calls into question the wisdom and morality of keeping captive whales and other large marine animals. It is a practice that must end."

Aaron Jasper, the Vision Vancouver Chair of the Park Board, in a press release last week called into question the legalities of holding a plebiscite, claiming that I am “putting the Park Board at risk of a potential lawsuit, in spite of his prior knowledge of a legally binding agreement with the Vancouver Aquarium.” Commissioner Jasper does not state what this ‘legal binding’ agreement is, nor the basis of a potential lawsuit. Nor does he state that my motion passed through the city’s own legal department and was approved by both the acting GM of the Park Board and himself as Chair.

My motion is not about whales and dolphins in captivity, nor is it about the Aquarium. It is about the rights of the citizens of Vancouver to express their views on what happens in our public parks. Commissioner Jasper would have you believe that this cannot be done, and so now, according to him, the issue becomes one of government liability when conducting the normal business of government. If the government, in this case the city, cannot conduct normal business—in this case conducting a democratic survey in the form of a non-binding plebiscite—by the terms of a lease or contract, then I would ask, is this lease or contract binding or lawful? In other words, can the city sign away the public’s democratic rights in a contract? Now stop and think about that for a moment. Can the city sign away your democratic rights? I don’t think so, and I don’t for a minute believe that the courts would allow for that either. In which case, Commissioner Jasper’s release was simply a red herring and a personal attack.

Animals in captivity have a long and controversial history in Vancouver. In 1993 there was a referendum on the fate of the Stanley Park zoo and 53% of the electorate voted for its closure. The zoo was closed down three years later. In 1996 an NPA Park Board passed a motion which called for a further referendum if the Aquarium wished to expand. In 2005 a majority COPE Board set a referendum on holding cetaceans in captivity—similar to the plebiscite I am calling for—during the 2008 civic election. The next Board, which was dominated once again by the NPA, rescinded both of those previous motions and instead passed a motion stating that “it is the Board’s intention that in 2015 the board review the Parks Control By-law relating to captive cetaceans”. The motion did not deny the Board the right to review the by-law earlier, nor to collect information in order to review the by-law.

The plebiscite I am calling for is non-binding, and would be done in order for the Park Board to collect information for the review. So why hold the plebiscite in 2011, 4 years before the review? The provincial government set up an electoral review commission to look at local governance in British Columbia. This commission reported out this spring and the provincial government accepted all of its recommendations. One recommendation is to change the length of time between civic elections from 3 years to 4 years. As civic elections are held in November, the next election after November 2011 would be November 2015—after the review of the cetacean by-law. Therefore, the 2011 civic election is the last opportunity to hold a plebiscite during a civic vote. To make these bylaw decisions without prior public consultation would be contradictory to our mandate as well as disrespectful and irresponsible.

Whether you agree with keeping cetaceans in captivity or not, I think this motion is important. When politicians attempt to strip us of our democratic rights and hide behind vague and intangible legalese when denying us the right to express our voices, there is something terribly wrong.

I believe the citizens of Vancouver have the right to express their views on this controversial issue. This is why at the next meeting of the Vancouver Board of Parks and Recreation I will be bringing a motion proposing that a plebiscite be held during the 2011 Vancouver civic elections, asking the public if they are in favour of phasing out existing exhibits that contain cetaceans, on land leased from the Vancouver Park Board. The people of Vancouver have the right to choose. I believe this plebiscite is the right thing to do.

- post by Stuart Mackinnon. Stuart Mackinnon is a Green Party member and Vancouver park board commissioner.

The Legalities of the Plebiscite

Last Monday I submitted a motion to hold a plebiscite on the phasing out of whales and dolphins in captivity in Vancouver parks. The motion was sent to the City of Vancouver's legal department and they returned with a concern, not with the motion, but with one of the whereas clauses. I changed all the whereas clauses, but retained the motion as written. This was accepted by both the Chair of the Park Board, Vision Vancouver's Aaron Jasper, and the Acting General Manager of the Park Board. If the city legal department said it was okay, where is the problem?

Aaron Jasper, in his press release yesterday, chose to personally attack me and my motivation for this motion. This attack has become a well coordinated effort coming from offices much higher than Jasper's. I have to ask myself, what is the real motivation behind this? What does Vision Vancouver have to fear in consulting the public?

It’s Time for a Plebiscite on Captive Cetaceans

The latest death of a beluga whale calf in June 2010 at the Vancouver aquarium has brought up once again the topic of cetaceans in captivity. According to the LifeForce Foundation, at least 36 cetaceans, including 9 orcas, 7 narwhals, 8 belugas and 12 Pacific White Sided Dolphins have died at the Vancouver Aquarium. The academy award winning documentary film, The Cove, has brought to the world’s attention the industrial killing and capture of dolphin populations, while the Vancouver Province newspaper on June 23, 2010 wrote, in an editorial, that the public are calling into question the wisdom and morality of keeping captive cetaceans that otherwise deserve to be born, live, and die in their natural environment. In the editorial, the writer says, "the latest in a long line of whale deaths at the aquarium — this time one-year-old beluga calf Nala — calls into question the wisdom and morality of keeping captive whales and other large marine animals. It is a practice that must end."

This debate is not new. Recent history goes back to the 1990's. A history of the debate is summarized by the group Whale Friends:

"Many citizens in Vancouver have for decades been advocating for the phase out of cetacean captivity in the Vancouver Aquarium. Many also call for an end to all marine mammal captivity in Stanley Park.

The Park Board has received over twenty thousand signatures asking for a city wide referendum on the question of phasing out the cetacean captivity program of the Vancouver Aquarium. In addition, opinion polls have indicated that the majority of citizens in Greater Vancouver oppose keeping these intelligent beings in captivity.

Being respectful of the spirit of citizen involvement in our municipal democracy an NPA dominated Parks Board in 1996 decided that should the Aquarium request permission to expand in Stanley Park, a city wide referendum would be held. In the same spirit of the civic democracy, a COPE dominated Park Board in 2005 decided that the question of phasing out cetacean captivity in Stanley Park should be put to a city wide referendum. Unfortunately, in 2006, the last NPA Parks Board … rescinded both of those earlier decisions."

I believe the citizens of Vancouver have the right to express their views on this controversial issue. At the July 19th meeting of the Vancouver Board of Parks and Recreation I will be bringing a motion proposing that a plebiscite be held during the 2011 Vancouver civic elections, asking the public if they are in favour of phasing out existing exhibits that contain cetaceans, on land leased from the Vancouver Park Board. I believe the people of Vancouver have the right to choose. I believe this plebiscite is the right thing to do.

The meeting will be held Monday night at the Park board office: 2099 Beach Avenue. To speak you must register before noon on Monday by calling: 604-257-8451

Hold citywide vote on whales in captivity, Vancouver park commissioner suggests

By Carlito Pablo

Georgia Straight

Vancouver residents may get a chance next year to vote on a divisive issue.

The question boils down to this: Is it right to keep cetaceans, such as whales and dolphins, in captivity?

Green park commissioner Stuart Mackinnon is bringing forward a motion to a meeting of the Vancouver park board on Monday (July 19) suggesting a plebiscite on the matter.

In a phone interview, Mackinnon said that the plebiscite would ask the public if it is in favour of phasing out cetacean exhibits and banning the future containment of these marine mammals on land leased by the Vancouver park board.

The commissioner is recommending that the non-binding vote take place during the next civic election in November 2011.

Mackinnon recalled to the Straight that in a special meeting on November 27, 2006, the board passed a motion to review the bylaw relating to cetaceans in 2015.

“If the park is going to reevaluate the bylaw in 2015, it would be a good idea to find out what the people feel about it,” Mackinnon said.

The death last month of Nala, a one-year-old baby beluga, at the Vancouver Aquarium has revived questions about the wisdom of keeping captive dolphins and whales for public display.

Nala died in the evening of June 21. Her airway was found blocked by a couple of rocks and a penny.

(c) Georgia Straight

BP Slick Covers Dolphins and Whales

A must see video. How sad, how sickening.