A B.C. ostrich farm fighting to stop a cull of its 400-bird flock over an avian flu outbreak has been granted an interim stay order by the Supreme Court of Canada, delaying the execution of the birds.
The order, issued Wednesday, temporarily halts the Canadian Food Inspection Agency's (CFIA) Dec. 31, 2024 Notice to Dispose while the farm seeks leave to appeal.
The court directed that the CFIA maintain custody of the birds and said the farm must not interfere with federal oversight pending a decision on the application. The agency must file any response by Oct. 3, with the farm allowed to reply within two days of that filing.
The CFIA had been preparing to destroy the flock at Universal Ostrich Farm near Edgewood in southeastern B.C. after avian flu was detected in some of the animals last December.
'They live today': supporters welcome reprieve
Earlier this week, Katie Pasitney, whose mother Karen Espersen co-owns Universal Ostrich Farms, said the farm's lawyer was filing paperwork in an attempt to have their case heard by the Supreme Court of Canada, while police and CFIA staff told the farmers they must leave the property.
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Pasitney and Espersen were arrested and released (new window) by police on Tuesday.
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2 people arrested at B.C. ostrich farm facing cull over avian flu
September 23Duration1:59Tensions are high at an ostrich farm in West Kootenay. As the CBC's Brady Strachan reports, police arrested two farmers for resisting a cull order by government officials that will kill about 400 birds.
News of the interim stay order came on the farm just as a crowd of people had gathered for a prayer, and supporters erupted in cheers when Pasitney announced the decision.
The mother and daughter embraced in celebration, with Pasitney declaring, They live today.
We have time and there's some time to figure out what's the next steps, she added.
Espersen says the news made her feel numb, but overjoyed and that she wanted to run and hug the birds.
Hay bale enclosure charred by fire
Officials with the CFIA had begun building enclosures using hay bales Tuesday as part of preparations for the cull.
The wall of hay bales used to corral a flock of ostriches had been charred by fire on Wednesday morning.
Workers could be seen spraying the blackened areas with water as smoke billowed from the three-metre-high enclosure.
Farm co-owner Dave Bilinski said Wednesday that they would never start a fire nor condone it, and the farm has its own fire system because of concerns of peat or grass fires on the property.
Ostriches were visible behind the burned wall Wednesday, grazing and moving around, while several RCMP vehicles were stationed in front of the enclosure.
Lengthy court battle continues
The farmers have brought their fight to save about 400 surviving ostriches to multiple levels of court, arguing they are now healthy and scientifically valuable, while the CFIA has said the birds were infected with a more lethal strain of the avian flu virus.
The owners have repeatedly called for testing to determine the birds' status.
The federal agency, however, has said in court documents that its policies do not allow for additional testing of the flock. It said the risk of the ostriches being infected or becoming infected again is unknown due to gaps in the available science regarding how long immunity to [avian influenza] viruses may last in an individual ostrich.
The CFIA says sources of infection can remain in the environment long after infected birds have recovered, posing a risk of reinfection.
CBC News has reached out to the RCMP and CFIA for their comment on the interim stay order.
CBC News with files from Yasmine Ghania, Georgie Smyth and The Canadian Press
[SRC] https://ici.radio-canada.ca/rci/en/news/2194933/supreme-court-of-canada-grants-stay-of-execution-for-b-c-ostriches
