News Article by Charlie Smith
Georgia Straight Newspaper February 8-15, 2001
"Legality of Park Board's Workshops Questioned"
An opponent of the Vancouver Aquarium has told the Straight that the
Vancouver park board has invited her and the aquarium's CEO, John
Nightingale, to a private "workshop" with the board's elected
commissioners and senior staff. However, Annelise Sorg, director of the
Coalition For NO Whales in Captivity, said she won't attend the February
meeting because the board won't allow her to bring witnesses or the media
and there won't be any minutes taken. " I have been going to the park
board for the past 12 years, and every meeting in regards to the aquarium
has been attended by the public and the media, which is the only reason
that the aquarium has been restricted in some ways regarding whale
captivity." Sorg said. "Without public accountability, there is
no way for the public to have any sort of influence in the park board
management, because, as we all know, the majority NPA park-board
commissioners will continuesly vote in facvour of the aquarium's
position." Nightingale told the Straight that he didn't want to
comment on park-board policy. Park-board spokesperson Terri Clark didn't
return a call by deadline. Darrell Evans, executive director of the B.C.
Freedom of Information ansd Privacy Association, told the Straight that he
would like to hear the justifications for holding private workshops. In
1999, the FIPA successfully lobbied the provincial government to amend the
VAncouver Charter and Municipal Act (now Local Government Act) to prevent
elected councils and the park board from abusing their power to deal with
matters outside of public view. "If it's a meeting and all the board
are present, it should be a public meeting," Evans said. He
recommended that anyone attending such a meeting should demand in advance
that minutes be taken, then request the minutes under the Freedom of
Information and Protection of Privacy Act. If the public body refuses to
provide a copy of the minutes, then the individual can seek a review from
the Office of the Information and Privacy Commissioner. "The act
gives people right of access to records," Evans said. A 1996 report
for FIPA by lawyer Michael Doherty concluded that some local bodies hold
in-camera meetings in "controversial and inappropriate
circumstances". Under the section 165 of the Vancouver Charter, city
council and the park board may only shut out the public if the information
relates to the following: personal information about an individual being
considered for a position or an award; labour relations; security of
property; law enforcement; litigation affecting the city; information
subject to solicitor-client privilage; and information prohibited from
disclosure under Section 21 of the Freedom of Information and Protection
of Privacy Act, which bans the release of information that could harm the
business interests of a third party. Sorg said the workshop was set up to
discuss her concerns about a 1996 bylaw that prohibited the aquarium from
importing cetaceans caught in the wild after September 16, 1996. She said
there is no global registry of dolphins, so it would be impossible to
verify if any dolphins brought to the aquarium in the future were born in
captivity or if they were captured from the wild habitat after September
16, 1996. Nightingale said that it is possible to have the people involved
sign afficavits. "We're not going to violate our lease or the
park-board bylaw or our pledge." he said. Sorg also told the Straight
that the original bylaw called for a ban on importing dolphins. However,
she said that the bylaw was amended after pressure from the aquarium.
"One of the main concerns of the park-board commissioners back in
1996 was that there be no domino effect," Sorg said. "Their
concern was that the aquarium would obtain dolphins from another facility,
and that facility would in turn go and capture the new dolphins to replace
the ones sold to the aquarium."
______________________________________ ACTION ALERT
PLEASE write a Letter to the Editor of the Georgia Straight! - Beverley
Sinclair <editor@straight.com>
And e-mail a copy to the Vancouver Park Board Commissioners:
Chairman Duncan Wilson <duncan_wilson@city.vancouver.bc.ca>
Commissioner Roslyn Cassells <vancouvergreengirl@hotmail.com>
Commissioner Laura McDiarmid <laura_mcdiarmid@city.vancouver.bc.ca>
Commissioner Dianne Ledingham <dianne_ledingham@city.vancouver.bc.ca>
Commissioner Clarence Hansen <chhansen@canada.com>
Commissioner Christopher Richardson <chrisgiv@direct.ca>
Commissioner Alan deGenova <adegenova@sutton.com>
Express your outrage that the Vancouver Park Board is once again
protecting the Vancouver Aquarium's business interests by illegally
restricting public access to information that concerns the importation of
more dolphins into Stanley Park. Demand that all meetings regarding marine
mammals kept captive at our public aquarium located on public land and
funded by public money, should be public!
Thanks!
Annelise Sorg Coaltion For No Whales In Captivity <annelise@direct.ca>
PS. QUICK UPDATE ON POOR BJOSSA
I saw Bjossa yesterday (Feb.11/01) and she is still sick and being fed
antibiotics. Bjossa is still not doing any whale shows and she is
stillkept alone in the back area of the main show pool. Whitewings, the
lone Pacific white-sided dolphin at the aquarium, is performing all the
shows in the main pool.. The US government is in the final stages of
deciding whether to approve or deny SeaWorld's permit application to
import Bjossa. Numerous letters from around the world opposing the
transfer and breeding of Bjossa, were sent to the US fisheries agency
during the public comment period from December 5/00 to January 5/00
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