A British Columbia ostrich farm, embroiled in a battle to prevent the culling of its 400-strong flock due to an avian flu outbreak, has received a temporary halt order from the Federal Court of Appeal in Ottawa. This order postpones the euthanization of the birds.
Universal Ostrich Farms, located in Edgewood, B.C., has been striving to block the Canadian Food Inspection Agency (CFIA) from euthanizing the birds since the cull was mandated following an avian flu outbreak in December that resulted in the death of 69 ostriches.
Despite previous setbacks in the Federal Court and the Federal Court of Appeal, the farm’s lawyer recently requested another pause on the culling order. The Federal Court of Appeal’s decision on Saturday granted an interim stay until a full review of the stay motion is conducted.
According to the decision, the notice to cull the birds is temporarily suspended while awaiting the resolution of the stay motion, with the CFIA expected to respond to this motion by Tuesday. The farm contends that the birds are now disease-free and asserts their scientific significance, arguing against any threat they may pose.
The case has garnered substantial support, including from prominent U.S. figures such as Health Secretary Robert F. Kennedy Jr. and health official Dr. Mehmet Oz, as well as groups of backers who have rallied at the farm in B.C.’s Kootenay region.
Universal Ostrich has been under strict quarantine measures since the culling order was issued earlier this year. The farm’s legal filings argue that proceeding with the cull would invalidate a potential Supreme Court appeal and impede the farm’s ability to pursue further legal avenues.
The farm’s lawyer, Umar Sheikh, highlighted that the stay allows them to directly petition the federal agriculture minister for a reconsideration of the culling order based on new evidence. Meanwhile, the CFIA maintains that the cull is necessary to safeguard Canada’s food supply chain integrity, citing the risk of avian flu transmission through migratory birds leading to mutations that could impact other poultry and potentially humans.
While the CFIA is permitted to undertake preliminary actions for culling, the interim stay motion stipulates that the farm will have an opportunity to respond once the CFIA submits its reply to the stay application by Wednesday.
