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After years of swimming against a Conservative current in the Senate, Bill S-203 — which aims to end the captivity of whales, dolphins — has moved one step closer to becoming law.

The affably nicknamed “Free Willy” bill, which was first introduced by Nova Scotia Sen. Wilfred Moore in December 2015, underwent its second reading in the House of Commons on Thursday night.

Although Moore retired in 2017, the bill has since been sponsored by Green Party Leader Elizabeth May and garnered Liberal support in the House.

“It was a big day for everybody on the team that has worked so hard to get the bill this far,” Moore said. “I’m excited by the support the bill received in the House by all parties.

“We’ve (also) had tremendous support from top marine biologists and scientists from around the world.”

After three years of fighting, Moore stressed that the time has come for the government to protect cetaceans — the collective term for whales, dolphins and porpoises — through law.

The bill would make it illegal to both hold and breed cetaceans in captivity.

And if Bill S-203 becomes law, Moore said, Nova Scotia has the potential to house a sanctuary for formerly captive whales and dolphins — a first in North America.

Moore said Lori Marino, the president of the Whale Sanctuary Project, has been working for 2

years exploring potential sanctuary sites throughout the province.

“If Dr. Marino can find a site, we can have these creatures released somewhere along the coastline of our province,” he said. “These large, roaming, social creatures are not meant to be in swimming pools.”

Marino, a marine mammal expert and neuroscientist, has visited Nova Scotia four times to examine sites. Her organization is still looking.

“This has to be something that’s embraced by whatever community this sanctuary would be in,” she said. “It’s very important to us to make sure that wherever we consider, the community wants us.”

The ideal location, Marino said, is a bay or cove deep enough for the whales and other cetaceans to dive and with 26 hectares of land along the coast.

The site would need to be relatively protected and shouldn’t interfere with the fisheries or other local businesses, she said.

All funding would come from philanthropic and corporate efforts, Marino said.

Over 50 belugas, orcas and other cetaceans are currently captive in facilities across the country.

Of those, said Marino, the would-be sanctuary could potentially house a dozen belugas but at this point, there is no obvious location.

“We are turning to the people of Nova Scotia to tell us if they have any possible ideas where this kind of facility should go,” Marino said. “As long as it meets our criteria, we’ll check it out.”

The sanctuary would have educational and research benefits for any community willing to open its doors, she said. “It would be a tremendous feather in the cap of any community in Nova Scotia.”

But some local fishermen are concerned about the space needed for a sanctuary.

“Almost every cove in Nova Scotia is heavily fished by lobster fishermen,” said Bill Flower, owner of a fishing charter company, Lunenburg Ocean Adventures.

“You’d have to make a joint decision with the local fishing community to actually close a place off.”

Flower supports the ideas behind the legislation but isn’t sure if space could be found for a sanctuary.

Another fisherman, Greg Harnish of St. Margarets Bay, said he didn’t think any locals would support Marino’s proposal.

“I don’t know where you’d put it where it wouldn’t interfere,” Harnish said. “I don’t know anybody here who’d be for it.”

The project had previously considered Terence Bay as a sanctuary site but that was abandoned after an outcry by fishermen.

When asked about opposition from communities, Marino highlighted exploring options that could be of “long term benefit.”

A sanctuary may be the best scenario for many of these whales that have never been outside an aquarium.

Hal Whitehead, a marine biologist at Dalhousie University, said many of the whales were born in captivity and lack the required survival skills to be simply set free.

The sanctuary, he said, would be the closest they would ever get to being returned to the wild.

“It’s not perfect, but it’s probably the best we can do for these animals,” said Whitehead, who specializes in whale behaviour, ecology and conservation.

“It won’t be terribly easy but I think it’s worth the effort.”

For his part, Moore said it is time that Canadian law reflect the public support the bill has received.

“I think the Canadian public is ahead of the legislature on this issue,” he said.

And as a nod to Moore’s years of effort, May also stressed the importance of putting an end to cetacean captivity.

“In honour of Sen. Wilfred Moore, I would like to end my remarks by saying that it is time we free Willy,” she said.