An ull of about 400 BC ostriches exposed to avian flu can go on, one of Canada's Supreme Court ruled Thursday.
The federal court of appeals has refused to appeal by Universal Ostritch Farm in Edgewood, British Columbia, attempting to block the Canadian Food Inspection Agency (CFIA) ull order.
In its decision, the court concluded that the CFIA decision was “all reasonable” and that the agency had “broad discretion” under the law to order the destruction of animals based on mere suspicion of infection.
In a social media post, farm owner Katie Pacitney called the domination “devastating news.”
“The court has made a unanimous decision. There is no stay order, meaning that Canadian food testing agencies can come and kill healthy ostriches at any time,” she wrote, adding that the farm will try to secure a legal stay order next week.
“These animals are more than just 'lives'. They are creatures that thrive against all possibilities.
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Pacitony said he “opened the gates of our farm” over the weekend, calling for supporters to come and “sit down with the animals” and document their interaction with the CFIA.
“There is absolutely no violence, it's just peace,” she added.
The CFIA ordered Universal Ostritch Farm to ull approximately 400 birds after 69 ostriches died in December and January.
The agency tested two of the birds that died in January and found a “new re-cooperation” of the highly contagious avian influenza virus that was not found anywhere else in Canada.
At the trial, the farm challenged CIFA's “Stamping Out” policy. This requires depopulation of animals that run the risk of transmitting highly pathogenic avian influenza (HPAI).
The farm argued that the CFIA failed to consider the ostrich peculiarity, and did not consult with the ostrich owners in developing the policy, nor did they conduct additional testing on the birds on the farm or allow more targeted culling.
In its decision, the court concluded that the entire Stamping Out Policy was a reasonable response to “HPAI's domestic disease control, public health and risks to its ability to export Canadian poultry to its international trading partners,” and was approved under the Health of Animals Act of Canada.
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The court found that the CFIA had not consulted with ostrich owners in developing the policy, but reviewed scientific studies demonstrating ostrich susceptibility to avian influenza.
Furthermore, we determined it was reasonable to culle the entire herd without additional testing, as animal health “explicitly allows destruction in the face of mere suspicion of exposure to infection or suspected infection.”
“It is clear that the Immunity Committee has taken into consideration the health of the herd, biosecurity measures, and the importance of the herd to the appellant and its principal,” the court ruled.
“After considering whether the appellant could maintain a subset of ostrichs, the committee determined that it would be dangerous to assume “selective culling,” as the appellant proposed, or that infections could be “burned” on the farm. ”
In the course of the marathon court battle, the fate of the ostrich became national and international news. The farm has gathered support from US President Donald Trump's administration officials, including Alberta Premier Daniel Smith and Medicare and Medicaid Services Administrator Dr. Medimet Oz and Health and Human Services Robert F. Kennedy Jr.
Editor's Note: Previous versions of this story state that the ruling was taken over by the Supreme Court of Canada. In fact, it's the federal court of appeals.
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