Smooshi the walrus leaving Marineland in Niagara Falls, Ont., for SeaWorld Abu Dhabi

Smooshi the walrus and her calf, Koyuk, have left Marineland in Niagara Falls, Ont., for SeaWorld Abu Dhabi in United Arab Emirates, years after activists first raised concerns about their health and safety.

Phil Demers, a Marineland whistleblower who was Smooshi's former trainer, told CBC Hamilton the two walruses left the park Tuesday morning.

SeaWorld said walruses from both Marineland and the Quebec Aquarium had been "safely transported to SeaWorld Abu Dhabi," it said in a statement to CBC Hamilton Wednesday. 

Marineland and its lawyers didn't immediately respond to requests for comment.

Demers was embroiled in a decade-long legal battle with Marineland that ended last year. A lawsuit filed in 2013 by Marineland alleged Demers trespassed and plotted to steal the 800-pound Smooshi. Demers filed a counterclaim for defamation and abuse of process.

Both sides dropped legal action with the agreement to re-locate Smooshi and Koyuk.

Koyuk was born in June 2021, but Demers previously said the two have been kept apart since Koyuk's birth so Smooshi could perform in shows.

Part of the settlement stated the walrus and her calf would be rehoused at a facility in North America that is accredited by the Association of Zoos and Aquariums, according to Demers.

SeaWorld Abu Dhabi isn't on that list — but he's not too upset. From his understanding, he said, it's a new facility. 

"I'm actually quite pleased ... this is going to be a far improvement, a far-improved facility," Demers said.

According to its website, SeaWorld Abu Dhabi is slated to open some time in 2023 on Yas Island, and will be the region's "first Marine Life Theme Park." It is built next to the region's "first dedicated marine research, rescue, rehabilitation and return center," which is already operational, it says.

In its emailed statement, SeaWorld said the walruses would be living "in groups in a modern specialized environment to advance their worldwide conservation... We are eager for visitors to be introduced to, and hear the stories of, these wonderful animals," it said. 

Their move to the region was "conducted in accordance with international transport protocols," it added.

However, given the move breaches the settlement agreement with the company, Demers said he will pursue legal action for financial compensation.

"My lawyer, his mind is absolutely blown that Marineland would so egregiously breach our settlement agreement," he said.

"We're going to take our time and make sure we proceed in a measured way."

Marineland has faced criticism in the past for its handling of animals.

Last year, crown prosecutors stayed charges filed by Niagara police against Marineland for allegedly hosting illegal dolphin and whale shows.

Despite that, police said in December there was still a separate, ongoing investigation. They wouldn't provide further details at the time.

There have also been concerns about Marineland's treatment of Kiska the whale, which Animal Justice, an animal law non-profit group, dubbed "the world's loneliest orca."