A B.C. ostrich farm located in Edgewood has successfully obtained an interim stay order from the Federal Court of Appeal in Ottawa to halt the culling of its 400-strong flock due to an avian flu outbreak. Universal Ostrich Farms has been in a legal battle with the Canadian Food Inspection Agency (CFIA) over the destruction of the birds following the outbreak that claimed the lives of 69 ostriches in December.
Despite previous legal defeats in the Federal Court and the Federal Court of Appeal, the farm’s lawyer recently filed for another stay on the cull order and submitted additional documents in a bid to secure a hearing in Canada’s highest court. The Federal Court of Appeal decision, issued on Saturday, grants an interim stay until a full review is conducted on the stay motion, putting a hold on the notice to cull the birds until the motion is resolved, with a deadline for CFIA to respond by Tuesday.
Universal Ostrich Farms contends that the birds are now healthy and pose no threat, emphasizing their scientific significance. The farm has garnered widespread support, including from prominent U.S. officials like Health Secretary Robert F. Kennedy Jr. and health expert Dr. Mehmet Oz, along with groups of supporters who have rallied at the farm in B.C.’s Kootenay region.
The farm has been under strict quarantine measures since the cull order was issued, arguing that proceeding with the cull would undermine a potential Supreme Court appeal. The farm’s appeal documents state that maintaining the current supervision does not harm CFIA, while destroying the flock prematurely would result in irreversible losses and disrupt the legal process.
Umar Sheikh, the farm’s legal representative, mentioned that the stay would enable the farm to directly petition the federal agriculture minister for a reconsideration of the cull order, backed by new evidence. CFIA maintains that culling the birds is crucial for safeguarding Canada’s food chain integrity, citing the risk of avian flu mutations spreading from migratory birds to other poultry and potentially to humans.
Despite the interim stay, CFIA retains the authority to take preliminary measures for bird euthanasia. Following CFIA’s response to the stay application, the farm will have until Wednesday to reply, as outlined in the stay motion.