Marineland is charged with five counts of animal cruelty by the Ontario animal welfare agency.

The charges are in response to concerns brought forth on November 10, a media release said.

The charges are: one count for permitting a peacock to be in distress; one count for failing to comply with the prescribed standards of care for a peacock; two counts for failing to comply with the prescribed standards of care for guinea hens; and one count for failing to comply with the prescribed standards of care including failing to provide adequate and appropriate food and water for approximately 35 American black bears.

The Ontario Society for the Prevention of Cruelty to Animals found out about the cruelty through a complaint, said Alison Cross, media spokesperson.

“We have a call centre 24/7,” she said. “I can’t give you the information because it’s confidential.”

The OSPCA visited Marineland in response to a complaint by a former animal care worker who was fired for poor performance and inappropriate behaviour, according to a statement from Marineland.

“As always, the OSPCA was provided with full access to the thousands of birds and all the land animals living at Marineland and to all areas of the park,” the statement read, going on to describe the condition of the peacock, guinea hens and American black bears.

A single peacock, out of thousands of birds, had an issue with one eye, the statement said. The peacock was otherwise healthy, eating well and interacting with all the other birds, and being attended to by Marineland’s veterinarian, it added.

Marineland believes the bird “is fine and with appropriate treatment will return to the flock and lead a healthy long life,” according to the statement.

Concerns regarding the conduct of guinea hens were expressed when four members of the OSPCA were in their pen, the statement said. “Guinea hens, like any wild bird, did not respond well to the sudden entrance into their enclosure of four OSPCA staff,” it said.

OSPCA wanted more space for the hens, and Marineland has provided an additional area for them to shelter, the statement said.

“No Guinea hens were unhealthy, needed medical treatment, or were not acting in a well-adjusted manner,” it added.

As far as the charge for failing to comply with the prescribed standards of care black bears, the Marineland statement explained that the OSPCA expressed one concern: “one or more small labels attached to fruit and vegetables had managed to make their way into the food that is provided to the bears.”

The bears are provided with a very healthy diet of fish and fruits and vegetables, which is fit for human consumption, it said. These fruits and vegetables come with small adhesive labels, the same labels you see on the fruit in the grocery store, it said. These labels are removed before the produce is given to the bears, it added.

“Occasionally, a label is missed,” the statement said. “That is regrettable but it does not pose any risk to the bears.”

The diet and health of the bears has been checked numerous times over the last three years by the OSPCA and each time has been approved, it said. The bears were checked by a staff veterinarian on Nov. 23, and were found to be healthy, it said.

The OSPCA hasn’t removed any animals as part of its investigation, Cross said. “But the visit revealed that we did not have authority to remove animals from their location because they did not fit the criteria required in order for us to be able to have legal authority to remove the animals.”

If convicted the park can face a $60,000 fine, up to two years in jail and a lifetime ban on owning animals, Cross said.

In 2012 as many as 15 whistleblowers from Marineland came forward to the Star to allege mistreatment of animals, including a killer whale named Junior, who spent the last four years of his life indoors and mostly alone in a small concrete pool, with little natural light; a killer whale that bled from its tail on and off for months; a sea lion, Baker, who was kept in a waterless pen before his left eye lens fell out; and more.

OSPCA did not charge Marineland after the Star investigation but issued orders for changes that were complied with by the amusement park.

“Reports of animal cruelty are taken very seriously,” said senior OSPCA inspector Steve Toy in the release. “When we receive reports of cruelty that involve wildlife or exotic animals, we will utilize our experts as well as industry experts to assist us with our investigation.”

In this case the investigation is still ongoing, and the charges are pending, Cross said.

“We’ll keep the public updated when we have more information,” she said.

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With files from The Canadian Press

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