In a recent court session at the Federal Court of Appeal, a British Columbia ostrich farm presented arguments to safeguard its herd from a cull mandated due to an avian flu outbreak. The case has triggered criticism of governmental actions from various quarters in Canada and the United States.
The judges, led by Justice Mary Gleason, indicated that a decision would be deferred to a later date, although efforts would be made to expedite the process given the case’s origin in December. Universal Ostrich, located in Edgewood, B.C., was instructed to cull more than 400 birds after highly pathogenic avian flu was identified on the premise last December.
The Canadian Food Inspection Agency (CFIA) enforced the cull as part of a disease control strategy, highlighting the threat posed by over eight million infected birds in British Columbia alone. The agency argued that the birds could potentially spread the virus, posing risks to Canada’s food security.
Universal Ostrich contested the CFIA’s decision, emphasizing that no avian flu cases had been detected on the farm for months. The farm advocated for testing the birds to assess their resistance to further infections.
The court proceedings in Ottawa revisited the farm’s arguments, with the cull temporarily halted pending the hearing’s outcome. Umar Sheikh, representing Universal Ostrich, criticized the CFIA’s stringent implementation of the stamping-out policy, citing the farm’s unique circumstances that warranted a more flexible approach.
Aileen Jones, the CFIA’s legal representative, defended the swift cull decision, explaining that only two deceased birds were tested due to scavenging or advanced decomposition among the remaining ostriches. She reiterated the agency’s stance on the necessity of the stamping-out policy to contain the avian flu threat.
Farm spokesperson Katie Pasitney, attending the court session, reiterated the farm’s commitment to challenging the cull order. She emphasized the broader implications of unjust culls on Canadian small-scale farmers and called for policy reforms to prevent unnecessary animal killings.
Pasitney expressed gratitude to supporters, including Robert F. Kennedy Jr., Dr. Mehmet Oz, and billionaire John Catsimatidis, for their backing in advocating for the farm’s cause. Despite the ongoing legal battle, Pasitney affirmed the farm’s determination to stand up for Canadian farmers and promote trust in regulatory agencies.
Universal Ostrich Farms emphasized that the loss of its herd would jeopardize its longstanding operations. The Federal Court of Appeal had previously denied the farm’s request for additional diagnostic tests, upholding the CFIA’s cull directive based on the mandate to combat avian flu transmission.
The legal saga surrounding the ostrich farm underscores the complex interplay between agricultural policies, disease control measures, and the livelihoods of farm owners, sparking debates over governmental intervention and industry practices.
