Activists take fight over Lucy the elephant to appeal court
Groups want zoo permit revoked
EDMONTON The province’s appeal court heard arguments Thursday that the elephant in the room during an application related to the Edmonton Valley Zoo’s permit is an actual elephant.
Activist groups Voice for Animals Humane Society and Zoocheck Canada are seeking a judicial review of a 2017 decision by Alberta’s environment and parks minister to issue a permit to the Edmonton Valley Zoo.
The organizations allege the City of Edmonton — which owns the zoo — is breaking the law by not properly caring for Lucy, a 42-year-old Asian elephant, and for that reason, shouldn’t have a permit.
But lawyers for both the province and the city argued Thursday the issue of where Lucy lives is unrelated to a decision about the zoo’s permit. Both governments agreed with Court of Queen’s Bench Associate Chief Justice John Rooke’s 2017 ruling when he denied the activists’ application in court and deemed it an abuse of process.
Local animal rights’ activists have run a long-standing campaign, including a court action in 2010, seeking to have Lucy relocated to somewhere with a warmer climate. The city has argued that moving the elephant would endanger her life because of existing health complications.
Lawyer Stephen Panunto, acting for Voices for Animals and Zoocheck, argued Thursday the appeal court should grant his clients standing because Lucy can’t advocate for herself, and because there is no other avenue outside the courts to get a declaration that the zoo is contravening the Animal Protection Act.
He said that his clients have repeatedly been told there is a different process for making their argument, but no one will tell them what that process is.
“My clients are not going to give up until they are told they cannot do anything for Lucy,” Panunto said.
After the hearing, Voice for Animals member Tove Reece said her organization tried many different ways to bring awareness to the issue. They believe getting a judicial review is the only option not exhausted.
The three-judge panel reserved its decision in the case.