Federal officers were already on site when the news broke
The Supreme Court of Canada has granted a temporary stay in the case of a southeastern British Columbia ostrich farm fighting a government-ordered cull of its flock.
The decision, issued Wednesday, halts the Canadian Food Inspection Agency’s (CFIA) plan to destroy roughly 400 ostriches at Universal Ostrich Farm near Edgewood, after avian flu was detected in the flock last December. The order pauses a Dec. 31, 2024 “Notice to Dispose” while the farm seeks leave to appeal a lower court decision upholding the cull.
According to the Supreme Court, the application will be dealt with on an expedited basis. The agency will retain custody of the birds, which must remain under federal oversight pending the outcome. The CFIA has until Oct. 3 to respond, with the farm permitted to reply within two days.
In a statement sent late Wednesday, the CFIA said it would comply with the court’s directions. “The CFIA will provide appropriate feed and water with veterinary oversight while the birds are in the Agency’s custody,” it said, while also noting ongoing “threats of violence and death” reported by businesses linked to the cull.
CBC News reported that the ruling was met with emotional scenes at the farm, where supporters had gathered for prayer. Spokesperson Katie Pasitney embraced her mother, co-owner Karen Espersen, and announced, “They live today.” Espersen described the reprieve as “the power of prayer.” She said, “I just want to run in and hug my birds, but I can’t right now.”
The fight over the ostriches has played out in multiple courts. Both the Federal Court and the Federal Court of Appeal dismissed the farm’s arguments that the birds were now healthy and scientifically valuable. CFIA veterinarians have countered that avian influenza can linger in the environment, posing a risk of reinfection.
Tensions escalated earlier this week when Pasitney and Espersen were arrested by RCMP for refusing to leave the ostriches’ enclosure, though they were later released. On Wednesday, fire destroyed hay bales erected by the CFIA as part of its preparations, an incident police are investigating as suspicious.
Animal Justice lawyer Camille Labchuk called the Supreme Court’s decision “an eleventh-hour lifeline,” saying it “sends an important signal that animals like the ostriches are individuals whose lives matter.”
CBC News noted that the Supreme Court’s stay has not ended the case, but it gives the farm additional time as it continues its fight against the cull.
