An ostrich farm in British Columbia is currently in a legal battle to prevent a cull of its 400-strong flock due to an avian flu outbreak. The Federal Court of Appeal in Ottawa has granted an interim stay order, halting the execution of the birds at Universal Ostrich Farms in Edgewood, B.C. The Canadian Food Inspection Agency (CFIA) had ordered the cull following the outbreak in December that resulted in the death of 69 ostriches.
Despite previous losses in the Federal Court and Federal Court of Appeal, the farm’s lawyer filed for another stay on the cull order, submitting various documents as they seek a hearing in Canada’s highest court. The Federal Court of Appeal’s decision on Saturday granted an interim stay until a full record is considered for the stay motion. The notice to cull the birds is temporarily halted pending the outcome of the stay motion, with CFIA required to respond by Tuesday.
The farm contends that the birds are now healthy and pose no threat, emphasizing their scientific value. The case has garnered significant support, including from prominent U.S. officials such as Health Secretary Robert F. Kennedy Jr. and health official Dr. Mehmet Oz, as well as groups of supporters who have rallied at the farm in B.C.’s Kootenay region.
The farm has faced stringent quarantine measures since the cull order was issued earlier this year. They argue that proceeding with the cull would undermine a potential Supreme Court appeal. The farm’s appeal documents assert that continuing existing supervision poses no harm to CFIA, while destroying the flock prematurely would result in permanent loss and impede the court’s progress.
Umar Sheikh, the farm’s lawyer, mentioned that the stay would enable the farm to directly petition the federal agriculture minister for a reconsideration of the cull order based on fresh evidence. CFIA maintains that culling the birds is essential to safeguard Canada’s food chain integrity, citing the risk of virus mutations from avian flu transmitted by migratory birds, potentially affecting other poultry and humans.
The interim stay motion clarifies that CFIA can take preliminary actions to prepare for culling. Following CFIA’s response to the stay application, the farm will have until Wednesday to reply.