EDMONTON - An Edmonton judge has punted a legal application by animal rights activists upset over the fate of Lucy the elephant.
Well-known Toronto-based lawyer Clayton Ruby argued earlier this year on behalf of Zoocheck Canada and People for the Ethical Treatment of Animals that the 34-year-old elephant is sick, isolated and being treated inhumanely at Edmonton's Valley Zoo, which contravenes provincial legislation.
John Rooke, associate chief justice of Court of Queen's Bench, ruled Friday that the notice filed on behalf of those groups is an abuse of the legal process and threw out the case.
He stated there is a "comprehensive legislative and regulatory scheme for the care of controlled animals in a zoo, such as Lucy."
In throwing out the argument made by the animal rights groups that there's nobody else who can bring the issue to court, Rooke said there are officials who have the "duty to take steps or lay charges when required," under provincial legislation.
Those rules also provide an "effective mechanism" to bring the issue of alleged breaches before the courts," the judge said.
A PETA spokeswoman said the ruling proves how little legal protection captive animals have in Alberta, calling it "despicable."
"This is a technical, procedural setback. But we fully intend to pursue other legal action on behalf of Lucy," said Lisa Wathne, a Seattle-based spokeswoman with the group.
She said enforcement officers in Edmonton have not taken any steps to thoroughly examine the aging elephant's situation or demanded that the zoo make improvements or even get Lucy out of the Valley Zoo altogether. Working to change legislation governing captive animals in Alberta isn't the cards, Wathne said.
"Legislation, as most people know, is an incredibly lengthy process that, frankly, Lucy is not likely to live through."
The animal rights groups argued that the pachyderm should be transported to an animal sanctuary in the United States to live out the rest of her life with other elephants.
The case gained international notoriety when celebrities such as Bob Barker, former game show host of the "The Price is Right" and famed actor William Shatner pleaded for officials in Edmonton to allow Lucy to be moved to a sanctuary where she would no longer be alone and could live out the rest of her life in peace.
Wathne said critics may say the animal rights grups launched the legal action just to get publicity for Lucy's cause, but they would be wrong, she said.
There are cheaper and easier ways to go about getting publicity and the group only uses legal action as a "last resort," she said.
City officials celebrated the ruling, calling it a vindication of their arguments that Zoocheck and PETA had no legal basis to launch the court action in the first place.
"We're thrilled, everyone is thrilled, especially the people at the zoo," said Steven Phipps, a lawyer with the City of Edmonton.
When the animal rights groups made allegations to the court that Lucy wasn't being properly cared for, zoo staff took that very personally, Phipps said. They had worked very hard to care for the Asian elephant and were upset that the groups were alleging that they were allowing Lucy to be in distress.
"Those people in particular are extremely pleased, but all city administration are pleased because across the board everyone felt, before this action was commenced and after, that it had no merit."
Ruby still has the ability to appeal the court's decision to the Alberta Court of Appeal, Phipps said. But they would also be "extremely confident" in making similar arguments in a higher court.
