The Supreme Court of Canada (SCC) has granted a temporary halt in the legal proceedings involving a British Columbia ostrich farm that is contesting the planned culling of its 400-bird flock due to an avian flu outbreak. The Canadian Food Inspection Agency (CFIA) had intended to eliminate the flock at Universal Ostrich Farm near Edgewood in southeastern B.C. following the discovery of avian flu in some of the birds last December. The SCC’s directive, issued on Wednesday, suspends the CFIA’s Dec. 31, 2024 Notice to Dispose, while the court reviews the farm’s request for permission to appeal a lower court ruling permitting the cull to proceed. The SCC order stipulates that the application for appeal will be expedited. It mandates that the CFIA retain custody of the birds and instructs the farm not to obstruct federal supervision until a decision on the appeal is reached. The CFIA is required to submit any response by October 3, with the farm granted two days to reply after that submission.
In response to the SCC’s decision, the CFIA stated it will collaborate with the Royal Canadian Mounted Police (RCMP) to address reported threats of violence and intimidation by apparent supporters of the ostrich farm. The CFIA assured that it will care for the birds under its custody, providing them with appropriate nourishment, water, and veterinary oversight. The news of the court-ordered stay reached the farm as supporters gathered for a prayer, resulting in jubilant reactions from the crowd when the decision was announced. Farm spokesperson Katie Pasitney and her mother Karen Espersen, who co-own the farm, were briefly apprehended by RCMP officers on Tuesday for refusing to vacate the ostrich enclosure. They were subsequently released but are prohibited from entering the birds’ pen, which remains under CFIA control.
Camille Labchuk, an advocate for animal rights and a legal expert, hailed the SCC’s ruling as a crucial last-minute intervention, emphasizing the significance of recognizing the individual lives of animals like ostriches. Labchuk expressed concerns over the fate of the ostriches, questioning the rationale behind euthanizing them several months after the initial avian flu detection. Meanwhile, an incident of fire damage to hay bale enclosures erected by the CFIA for the cull preparations raised suspicions of arson, prompting an investigation by law enforcement.
The farm owners continue their legal battle to preserve the surviving ostriches, asserting the birds’ restored health and scientific value. Despite their appeals, both the Federal Court and the Federal Court of Appeal rejected their arguments, with the Appeal Court denying a stay of the culling order. The CFIA maintains that additional testing of the flock is not feasible under its protocols, citing uncertainties regarding immunity duration and the potential for reinfection with the avian flu virus. The agency contends that the ostriches were infected with a highly virulent strain of the virus, emphasizing the persistent risk of reinfection from environmental sources. CBC News has reached out to the RCMP and CFIA for their responses to the interim stay order.
