Ikea monkey's owner protests for his return

Yasmin Nakhuda, left, hugs her 12-year old son Misha outside an Animal Services offices in Toronto Wednesday Dec. 19, 2012, as she tries to rally support for the return of her monkey, which was seized earlier this month after it was found wandering an Ikea parking lot. / AP Photo

TORONTO A woman whose pet monkey was found wandering in an Ikea parking lot protested Wednesday with some 15 other people at a Toronto Animal Services office Wednesday in an effort to get him back.

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Monkey runs amok in Ikea parking lot

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Monkey in IKEA photos go viral

Yasmin Nakhuda alleges the Japanese macaque, named Darwin, was illegally taken from her by animal control officials and moved to a sanctuary in Sunderland, Ontario, where he now lives.

Nakhuda is due in court Thursday to try to get an interim order to have returned to her.

Her lawyer, Ted Charney, says he has been told the sanctuary plans to ask for the case to be adjourned Thursday.

"Nakhuda has no claim of ownership over a wild animal that is no longer in her possession," the sanctuary said in its response to her filing to have Darwin returned.

A filing from the sanctuary asks for an adjournment on several counts, including a request that it be given more time to gather evidence.

The sanctuary also claims that it now owns Darwin, arguing that unlike domestic animals, wild animals are owned by the person that possesses them and Nakhuda voluntarily turned the monkey over to Toronto Animal Services.

The young monkey captured worldwide attention earlier this month when he was spotted wandering the store parking lot in a little coat.

• Twitter goes bananas for #IkeaMonkey
• Monkey makes a scene roaming Ikea parking lot

Nakhuda, a real estate lawyer, said she was never given the chance to remedy the situation after being fined $240 for breaking the city's prohibited-animal bylaw.

"I've spoken to a number of people in the legal community and they do agree that there is no statute allowing the city to take an animal away based on the circumstances," Nakhuda said at the protest.

In court documents, Nakhuda says she, her husband and their two kids would be willing to move to a city that allows monkeys in order to keep Darwin, whom they consider part of the family.

Nakhuda said she hopes to have Darwin back by Christmas.

The primate sanctuary has said the monkey is doing well and the agency was prepared to fight any legal challenges for its return.

[krba201076]

That's a nice coat. He is adorable.

[eludedelegance]

This is not the platform or the time to caterwaul about "wild animals" as pets. It's property. What are your property laws?

What are your "animal" laws?

Just saying, there are "some" animals that should be restricted (lions, tigers, bears) but a Rhesus probably isn't on that list.

[eludedelegance]

Give the kid his pet monkey back, Jeez!

[graycatsam]

I don't live in Canada and normally I am not for ownership of wild animals, but he doesn't look wild. He wasn't attacking anyone and if the owners are willing to move to a place where they can legally own him, then they should be allowed return of the animal especially if there is no city statute to allow seizure and placement. If a dog or cat can bond with humans, then surely monkeys, who are higher on the chain can and will as well. As to those saying the family members are not good caregivers, that is just foolish. There are many, many people who own pets who have had the misfortune of something going amiss and the pet wandering off. The monkey was walking around, just like a child who wandered off from a parent. Sometimes it happens. Perhaps, a court can see if the monkey prefers the sanctuary and the company of like friends OR if he wants to go with the family. While it is not right to take a wild animal and make it a pet, if an animal is a pet, I am not sure they should be made to be wild.

[AKIVAYAAKOV]

Monkeys are not domestic animal and should not be treated as such. Keeping such an animal in this city is a danger to both the monkey and the public. The monkey belongs in a zoo, conservatory or in the wild, not in an urban home. It's comical that the monkey's name is Darwin, because unlike in Darwin's Theory of Evolution, it appears this monkey's human owner is less evolved than a monkey.

[Ravanne_1]

How could the monkey be taken away from this woman illegally if it wasn't legal for her to have the animal in the first place. The laws in Ontario are pretty clear about exotic animals and given that this animal escaped into a crowded parking lot, it shows that its owner was in no way capable of caring for it properly. This isn't a baby - it's a wild animal that at some point is going to stop being a cute juvinille and will become far more than an untrained person can handle.

[commonsenseplz]

The money has bonded with the family and viewed as a member of the family, so believe me when I say that the monkey would be happier with his human family because he has felt their love for him.

I have heard many of times that a dog or cat feelings are hurt when they are removed from the family they have bonded with, so why not a monkey, because they have feelings too.

[lorne46]

"The monkey is doing well." What in the world does that mean?

[rwsmith29456]

It didn't hurt anybody. Why take it?

[Viplala]

Maybe because the monkey was wandering around a parking lot - that doesn't scream "I have a loving and careful owner!" to me...

[commonsenseplz]

To Viplala, it must be like to live in your accident free world.