B.C. ostrich farm wins interim stay of order to cull birds over bird flu

A B.C. ostrich farm fighting to stop a cull of its 400-strong flock over an avian flu outbreak has been granted an interim stay order by the Federal Court of Appeal in Ottawa, delaying the execution of the birds.

Universal Ostrich Farms in Edgewood, B.C., has been attempting to stop the Canadian Food Inspection Agency (CFIA) from destroying the birds since the cull was ordered amid an avian flu outbreak in December that would go on to kill 69 ostriches.

The farm has lost in Federal Court and the Federal Court of Appeal, but on Thursday its lawyer sought another stay on the cull order, filing a series of documents as the farm seeks a hearing in Canada’s high court.

In a decision dated Saturday, the Federal Court of Appeal granted an interim stay until the stay motion “is decided on the basis of a full record.”

The decision says a notice to cull the birds is “hereby stayed pending the disposition of the stay motion,” with the deadline for the CFIA to respond to that stay motion being Tuesday.

The farm, which argues the birds are now healthy, has maintained that they pose no threat and are scientifically valuable. 

It is a case that has sparked widespread support, including from top U.S. officials like Health Secretary Robert F. Kennedy Jr. and health official Dr. Mehmet Oz, and groups of supporters who have camped out at the farm in B.C.’s Kootenay region.

Federal court denies appeal from ostrich farm to prevent culling of flock infected with avian flu

A B.C. ostrich farm has lost its case to save its birds from a cull order issued by the Canadian Food Inspection Agency (CFIA) in January. A federal court has rejected the farm’s appeal to prevent the culling of its flock, which had been infected with avian flu. The farm’s owners say they will not be giving up, and have called on supporters to gather with them this weekend to “stand against destruction and shine a light of love.”

Universal Ostrich has seen strict quarantine orders since the cull order was issued earlier this year, and in court filings, the farm argues a cull would render a proposed Supreme Court appeal moot.

“The record shows no prejudice to CFIA from continuing existing supervision while the Court-identified processes unfold,” the appeal documents read.

“By contrast, the Appellant faces permanent loss and the Court’s own roadmap is frustrated if the flock is destroyed now.”

Do the B.C. ostriches hold bird flu secrets? Experts doubt it

A group of supporters, including TV personality and U.S. health official Dr. Mehmet Oz, are fighting to save hundreds of B.C. ostriches facing a cull order, claiming they have ‘huge scientific value’ after surviving a bird flu outbreak. For The National, CBC’s Ashley Fraser asks the experts to break down the claims and the risks.

Umar Sheikh, the farm’s lawyer, also said the stay would allow the farm to apply directly to the federal agriculture minister and ask them to reconsider the cull order.

“We’ve put together a comprehensive submission for the minister and CFIA to consider, based on the fresh evidence,” he told CBC News on Friday.

For its part, the CFIA maintains that culling the birds is necessary to preserve the integrity of Canada’s food chain, given that avian flu spread through migratory birds could lead to virus mutations, affecting other poultry birds and potentially humans.

The interim stay motion notes that the CFIA is still allowed to take preparatory steps to kill the birds. It says that after the CFIA files its response to the application for a stay of the cull order, the farm will have until Wednesday to respond.

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