‘Devastating’ Court Ruling Rejects B.C. Ostrich Farm’s Bid To Prevent Avian Flu Cull

Story by Ashley Joannou

The Federal Court of Appeal has rejected a bid by a British Columbia ostrich farm to prevent the culling of its flock that had been infected with avian flu, in a case that has drawn international attention and protests about government overreach.

But a spokeswoman for Universal Ostrich Farms Inc. said they would fight on by seeking another court stay, while encouraging supporters to converge on the farm in Edgewood, B.C., to protect the ostriches.

The court on Thursday upheld an earlier Federal Court decision rejecting the farm’s applications for two judicial reviews relating to the planned cull of about 400 birds.

One application sought review of the cull order issued by the Canadian Food Inspection Agency on Dec. 31 last year, 41 minutes after samples from two dead ostriches came back positive for H5N1 avian flu. The other rejected application sought review of an exemption denial by the CFIA.

The appeal court also rejected an application to bring new evidence in the case.

“In so concluding, we recognize that our decision might lead to the death of over 400 ostriches owned by the appellant, an outcome that would doubtless be very difficult, both financially and emotionally, for the appellant’s principals,” the ruling says.

“While we have considerable sympathy for them, the law we are bound to apply inevitably leads to the conclusion that this appeal must be dismissed.”

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