Supreme Court to Rule on B.C. Ostrich Cull Appeal Next Week

URGENT UPDATE: The Supreme Court of Canada is poised to make a critical decision on November 6, 2024, regarding a contentious appeal that could determine the fate of hundreds of ostriches at a British Columbia farm. This ruling follows the Canadian Food Inspection Agency’s (CFIA) order to cull the flock after an outbreak of avian flu was detected on December 31, 2024.

The court’s decision to hear the appeal from Universal Ostrich Farms will be pivotal. If the Supreme Court opts not to hear the case, the stay on the cull will be lifted, allowing the immediate killing of the ostriches without any further legal obstacles. Conversely, if the court grants the appeal, a hearing will be scheduled, delaying the cull and allowing further examination of the CFIA’s actions.

Officials report that the CFIA mandated the culling of the entire flock following its Stamping-Out Policy, a protocol established by the World Organization for Animal Health. This policy requires the destruction of all animals in a flock if even one is infected, a measure aimed at controlling avian flu outbreaks.

In a series of legal battles, the Federal Court of Canada had previously stayed the CFIA’s Notice to Dispose, which required the farm to euthanize all ostriches by February 1, 2025. However, the Federal Court of Appeal recently dismissed Universal Ostrich Farms’ motion for new evidence and upheld the CFIA’s decision as reasonable under applicable laws.

“The two decisions were made under s. 48 of the Health of Animals Act, S.C. 1990, c. 21, and in accordance with the CFIA’s Stamping-Out Policy,” stated the Supreme Court of Canada.

The growing pushback from Universal Ostrich Farms and its supporters underscores the emotional stakes of this case, as many view the culling of the flock as a devastating loss not only for the farm but also for the local community and economy.

As the clock ticks down to next week’s decision, all eyes are on the Supreme Court. The outcome will not only impact the fate of these ostriches but also set a precedent for how animal health policies are enforced in the future.

Stay tuned for updates as this story develops. The implications are profound, and the urgency is palpable. What happens next could change the landscape of animal agriculture in Canada.