“I am not satisfied she has met the high standard necessary” to prove she will be successful in winning Darwin back when the trial comes, he said.So said Justice Michael Brown in ruling that Darwin stays at the Story Book Primate Sanctuary until the matter of ownership is brought to trial. Without elaborating, Justice Brown indicated there was some concern about Yasmin Nahkuda's 'crediblity.
The Sanctuary says that Darwin is thriving - that he is gravitating more towards other monkeys than humans, his weight has stabilized and his fur is growing in. Sanctuary president Sherry Delaney alleges Darwin was overweight and missing fur when he arrived.
The Star article here and the Sun article here both indicate that Superior Court Justice Brown did not believe that the bond between the monkey and his former caregiver - who refers to herself as his 'mother' would not be irreparably harmed if the trial date was earlier.
Ms. Nahkuda stated outside the courthouse after the decision “You’ve just learned that loving is not enough to win a motion.'
Certainly, in my opinion, 'loving' (which is subjective at the best of times) most certainly should not form the basis for a decision in law - nor should it be a definitive factor in deciding what is best for Darwin. The reality is that Darwin is an intelligent, complex and disturbed monkey- denied his birthright - subjected to the whims of a misguided woman, raised in an environment inimical to his nature. The decision of where Darwin will spend the balance of his life should not be decided by emotion nor passion but based on a careful consideration of what is best for an animal of his kind.
Certainly the degree of passion and often rage and vindictiveness brought to the question of Darwin's final placement is at times frightening. Ms. Nahkuda's supporters have at times brought what can only be described as fanaticism in their impassioned defence of her decision to get the monkey back. Threats have been colourful, violent and in my opinion, unbalanced.
I'm an animal lover; it seems for my entire life I have been advocating for those who do not have a voice - I've made mistakes, been mistaken, been betrayed, known joy, known a soul-deep contentment when something works out and learned all through this that the more I learn, the less I know.
But time, knowledge and insight have granted me one unassailable fact - human beings do not have the right to impose our human emotions on animals which do not - and should not - share our viewpoint. As the species which (for better or worse) so often impacts the creatures with whom we share this world, the one absolute truth is that we have to respect who they are.... and try our best to stand back and allow them to fulfill their destinies in a way in which their nature defines them.
Sanctuaries like Story Book Farm Primate Sanctuary exist because of the mistakes and selfish actions WE have taken and done. They exist not as 'entertainment', not as 'income generators', not as 'showplaces' - they are not zoos nor sideshow acts like many of the horrific places which our lax and useless laws allow to thrive - they are not the horror of Marineland, the heartbreaking despairing hellhole of places like Bowmanville or the Jungle Cat place - they exist to offer some form of habitat and rehabilitation on traumatized, confused and despairing animals who are the end result of the actions of misguided and selfish people .
Primates like Darwin are not animate toys.
They deserve sanctuary and as close a replication of their natural order as can be done - not to live lives of confusion, displacement and affront to their natural nature.
Monkeys do not wear Shearling coats and diapers.
Ms. Nahkuda- if you love this little creature as much as you claim - then let him GO.
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