The Supreme Court of Canada has granted a temporary halt in the case involving a British Columbia Ostrich farm’s battle to prevent the culling of its 400-bird flock due to an avian flu outbreak. The Canadian Food Inspection Agency had planned to eliminate the flock at Universal Ostrich Farm in southeastern B.C. following the detection of avian flu in some birds last December.
The stay, issued on Wednesday, suspends the agency’s Dec. 31, 2024 Notice to Dispose, as the court considers the farm’s request for permission to appeal a lower court ruling that allowed the cull to proceed. The Supreme Court order specifies that the application for leave to appeal will be expedited.
The court has instructed the CFIA to retain custody of the birds and has directed the farm not to impede federal supervision while awaiting a decision on the appeal. The CFIA must submit any response by October 3, with the farm permitted to respond within two days of the CFIA’s filing.
Following the court’s decision, the CFIA stated its commitment to collaborating with the RCMP to address ongoing threats of violence towards the ostrich farm. The CFIA emphasized that it will adhere to the Supreme Court’s directive to care for the birds, ensuring they receive appropriate feed, water, and veterinary oversight during their custody.
Supporters of the farm welcomed the news of the stay order as they gathered for a prayer, expressing relief and joy at the reprieve. The farm’s spokesperson and co-owner, Katie Pasitney, announced the decision, prompting cheers from the supporters. Pasitney and her mother, Karen Espersen, who were previously arrested for resisting the cull, were prohibited from entering the birds’ pen, which remains under CFIA control.
The farm had been constructing enclosures using hay bales in preparation for the cull, but the hay bales were found charred in a suspicious fire on Wednesday morning. The cause of the fire is under investigation by the police.
The legal battle to save the ostriches continues, with the farm owners advocating for testing to demonstrate the birds’ health and scientific value. Despite the owners’ appeals, the CFIA has maintained that additional testing is not feasible due to uncertainties regarding immunity to avian influenza in ostriches.
CBC News has reached out to the RCMP and CFIA for their responses to the interim stay order.
