Activists to pursue lawsuit over elephant's living
conditions
16-12-2009 By Karen Kleiss, edmontonjournal.com, Canada.com, Canada
EDMONTON — Animal activists say they will take legal action against the City of Edmonton because zoo officials have failed to address their concerns about the health and well-being of Lucy the elephant.
In October, Zoocheck and People for the Ethical Treatment of Animals issued an ultimatum to the city demanding something be done to address the elephant's living conditions or they would initiate legal action.
Animal-rights activist and former game-show host Bob Barker meets Lucy the elephant at Edmonton's Valley Zoo on Sept. 17. Barker wants the zoo to send Lucy to a California sanctuary when she is well enough to travel.
Photograph by: Larry Wong, Edmonton Journal
Photograph by: Larry Wong, Edmonton Journal
The Dec. 14 deadline has now passed and the groups say in the coming weeks they will file a motion in Court of Queen's Bench to have a judge rule the city is allowing Lucy to live in distress.
"There is no shortage of evidence to show that Lucy is being kept in appalling conditions," Zoocheck campaigns director Julie Woodyer said Tuesday.
"It's very clear from their own records that they have no intention of moving Lucy, regardless of her health."
Woodyer said she instructed high-profile animal rights lawyer Clayton Ruby to file the lawsuit as soon as possible.
Ruby said Tuesday he hopes the lawsuit will be filed by the new year. After that, the city has an opportunity to respond, both sides can cross-examine each others' experts, the opposing sides argue their cases, and finally the judge rules. The process could take six to nine months, he said.
If the city opts for a trial, however, the process could take much longer, he said.
The animal rights groups believe the city is breaching Alberta's Animal Protection Act by allowing Lucy to continually live "in distress."
The groups will argue the city is breaching the Government of Alberta Standards for Zoos by refusing to keep Lucy with other elephants. The standards require that "animals must be maintained in numbers sufficient to meet their social and behavioural needs."
Alberta Sustainable Resource Development is responsible for issuing permits and enforcing the government of Alberta standards for zoos.
A spokesman for the zoo has said the facility has never been sanctioned for breaching the standards.
Alberta Agriculture and Rural Development is responsible for enforcing the Animal Protection Act, and has never sanctioned the zoo for mistreating an animal.
City lawyer Steve Phipps said the city stands by its decision to keep Lucy in Edmonton, because an independent veterinarian has said that moving Lucy could kill her.
"We are not prepared to risk her life, and we're surprised they are," Phipps said.
"Our position is that we don't want litigation, we don't think it is in any-one's best interest," he said. "But if they're bound and determined to commence legal action against the city, then the city will defend it, because that's what's in Lucy's best interest."
kkleiss@thejournal.canwest.com
(Bron: http://www.canada.com/)
(Bron foto: Canada.com)
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