Lucy is ruled not distressed

Lucy, an elephant in Edmonton has received court ruling

A ruling has been made in Court of Queen's Bench by Justice John Rooke on August 20 2010 that Zoocheck Canada, People for the Ethical Treatment of Animals, and Edmonton resident Tove Reece did not go through the proper channels in bringing their legal action against the City of Edmonton.

The court has ruled that the procedures were not followed correctly to determine whether or not Lucy is in distress due to respiratory illness. The groups want Lucy moved to a U.S. elephant sanctuary.

Proper procedure in this type of situation can be found under provincial legislation. This legislation includes the Animal Protection Act and Wildlife Act which provides regulated avenues for people to raise concerns about animal welfare. One of the steps is to contact the Edmonton Humane Society. The Society investigates complaints and lays charges if appropriate.

PETA spokesman David Perle said in a news release that the "ruling in no way vindicates the city…the judge has simply commented on a matter of procedure". "We fully intend to pursue other legal action."

PETA is planning a protest in the City of Edmonton for August 23 2010.