NR-HQ-00-85E

DECISION IN THE COUSTEAU CASE

September 15, 2000

OTTAWA -- The Government of Canada will not bring charges against the Cousteau Team or its leader, Bernard Delmotte, in relation to a September 8, 1999, incident which led to complaints about the team disturbing some whales.

The decision is the result, amongst other things, of an exhaustive analysis of the evidence and a legal opinion issued by the Federal Prosecution Service of the Department of Justice in Quebec.

The evidence did not indicate that there is a reasonable likelihood of conviction under section 7 of the Marine Mammal Regulations, which prohibits anyone from disturbing marine mammals.

The licence issued by Fisheries and Oceans Canada to the Cousteau team to film marine mammal behaviour in the Gulf of St. Lawrence was one of the factors that weighed heavily in the decision not to lay charges. The analysis found that, while the licence did not in any way authorize the disturbance of marine mammals, the conditions attached to the licence were not specific enough and could be interpreted as too vague to result in conviction.

The protection of marine mammals remains a priority for the Government of Canada. Fisheries and Oceans Canada is currently working on amending the Marine Mammal Regulations to put in place more specific regulations for whale watching activities. Following initial industry consultations, proposed amendments will be published in the Canada Gazette, Part I, for wider public consultations expected in early 2001.

Parks Canada is also in the process of developing regulations to ensure better control of whale watching activities in the Saguenay – St. Lawrence Marine Park.