EDMONTON - An elephant never forgets and an animal welfare group says another legal setback won't cause it to forget Lucy, the lone pachyderm at Edmonton's Valley Zoo.
In a split decision Thursday, the Alberta Court of Appeal sided with a lower court judge who threw out an attempt to use the legal system to have the animal moved from the city-owned zoo to a sanctuary in the United States.
But People for the Ethical Treatment of Animals points to the dissenting opinion of Chief Justice Catherine Fraser as a sign of victory and inspiration to keep up its fight.
Fraser ruled PETA, Zoocheck and a concerned Edmonton citizen should all have public standing in the case, and it should go to trial.
"The appellants, for the public and on behalf of Lucy, are entitled to their day in court," wrote Fraser. "Some may consider this appeal and the claims on behalf of Lucy inconsequential, perhaps even frivolous. They would be wrong."
Fraser cited, at length, several affidavits from veterinarians filed on behalf of the animal groups.
They say the 36-year-old Asian elephant suffers from a litany of painful medical conditions -- arthritis, obesity, foot infections, dental problems, bed sores and chronic respiratory issues. And they agree the causes for some of her ailments are the concrete floor of her indoor enclosure, Edmonton's freezing cold winters and the fact she has lived alone for half her life.
Lucy needs to be moved so she can live in peace in her final years, said Jeff Kerr, a lawyer with PETA.
He said the group is examining its options, including an appeal to the Supreme Court of Canada.
In the past, talk-show legend Bob Barker and Canadian-born Star Trek actor William Shatner have lended their celebrity support.
"We're going to keep fighting for Lucy to get her day in court and to get her released," Kerr said.
A spokeswoman with Zoocheck was not available for comment.
Steven Phipps, the lawyer representing the city, said the zoo has its own medical evidence, but it wasn't before the court because the case was strictly about legal procedure and not Lucy's care.
Court of Queen's Bench Justice John Rooke first ruled last year that the case was an abuse of process, and two of the three appeal judges agreed. They said provincial legislation sets out how captive animals should be treated, and it's up to animal welfare officials to enforce those laws.
"Her care is fine. It has always been good," Phipps said. "It's subject to the scrutiny of numerous regulatory bodies, and it meets all of their standards."
He said Lucy has been treated for various health problems, but she is not currently suffering from all of them. She does have a respiratory condition that only flares up in a stressful situation, such as moving to a new home.
The zoo's veterinarian, Milton Ness, said Lucy is a content and well-adjusted elephant.
"The Edmonton Valley Zoo is in the business of caring for animals and putting their best interests ahead of all else. And that's exactly what the zoo and the City of Edmonton is doing with Lucy."
