The Supreme Court of Canada (SCC) has granted a temporary halt in the case involving a British Columbia (B.C.) Ostrich farm that is contesting the culling of its 400-bird flock due to an outbreak of avian flu.
The Canadian Food Inspection Agency (CFIA) had planned to euthanize the flock at Universal Ostrich Farm situated near Edgewood in southeastern B.C. following the detection of avian flu in some of the birds last December.
The stay order, issued on Wednesday, suspends the CFIA’s Dec. 31, 2024 Notice to Dispose, while the court considers the farm’s request for permission to appeal a previous court ruling that permitted the culling to proceed.
The SCC order stipulates that the application for leave to appeal will be expedited. It instructs the CFIA to retain custody of the birds and mandates the farm not to obstruct federal supervision until a decision is reached on the appeal. The CFIA has until October 3 to respond, after which the farm can reply within two days.
Supporters of the farm welcomed the news of the stay order, with RCMP officers arresting farm spokesperson Katie Pasitney and her mother Karen Espersen earlier after they resisted leaving the ostriches’ enclosure. The duo was released but are banned from accessing the birds’ pen, which remains under CFIA control.
Upon hearing the decision, Pasitney announced it to the crowd gathered for a prayer at the farm, prompting cheers from supporters. The mother and daughter rejoiced, with Pasitney exclaiming, “They live today,” and expressing relief at having time to plan the next steps.
Camille Labchuk, an animal rights lawyer and executive director of advocacy group Animal Justice, hailed the court’s decision as a last-minute reprieve, emphasizing the significance of recognizing the individual lives of animals like ostriches.
In a separate development, CFIA officials had started constructing enclosures using hay bales in preparation for the cull, but the hay bales were found charred the next morning in what police suspect was a deliberate fire. The cause of the fire is under investigation.
The legal battle to save the remaining ostriches continues as the farm owners argue for the birds’ health and scientific value. Despite their appeals, both the Federal Court and the Federal Court of Appeal have rejected the arguments, with the Appeal Court declining to halt the culling order. The owners have persistently demanded further testing to assess the birds’ condition.
The CFIA, however, has maintained that additional testing is not permitted under its policies, citing uncertainties regarding the duration of immunity in ostriches from avian flu viruses. The agency asserts that the ostriches were infected with a highly lethal strain of the virus, and the risk of reinfection remains due to potential sources of infection lingering in the environment.
Efforts to contact the RCMP and CFIA for their response to the stay order are ongoing.