A Federal Court judge has rejected two judicial reviews filed by Universal Ostrich Farms in British Columbia, allowing the Canadian Food Inspection Agency (CFIA) to proceed with culling 400 ostriches on a farm affected by an avian flu outbreak.
Court Decision
The court’s decision was made public on Tuesday, following the agency’s order in December to kill the flock and its subsequent denial of an exemption in January. The farm’s owner, Katie Pasitney, stated that her parents plan "to fight this legally as far as we can go." They are inviting supporters to show "kindness, peacefulness, and love" at the Edgewood farm in southeastern B.C., where culling is expected to begin soon.
Arguments Against Culling
Pasitney’s family argued that killing 400 birds would be unnecessary because some have developed herd immunity through exposure during previous outbreaks. However, Judge Russel Zinn ruled that courts cannot consider new information presented after December 21st, when disposal notices were issued.
In his written reasons for rejecting their bids for judicial review, Zinn acknowledged ongoing debate among scientists about whether older birds, like those at Universal Ostrich Farm, should be culled. He noted that courts generally stay out of scientific debates and do not substitute their own views for those of experts.
Public Response
The Canadian Food Inspection Agency did not immediately comment on Tuesday’s court ruling. The plight of Universal Ostrich Farm has sparked street protests and a social media campaign to "Save Our Ostriches," with activists decrying government overreach in its decision to kill birds deemed too old or sickly for slaughter.
Judge Zinn found that any evidence collected between January 15th, when CFIA refused exemptions, and February 28th is not admissible because it came later than the deadlines set by law governing such cases. This means judges cannot consider factors like financial losses or relative risks associated with different methods used elsewhere around the world, which Pasitney had hoped might sway them into granting exemptions from culling orders already issued under federal law governing animal health emergencies such as avian flu outbreaks.
Future Actions
Pasitney expressed disappointment but determination: "We will continue fighting." She stated, "We’re going forward," from her home near Vancouver Island after receiving news from her lawyers about Judge Zinn’s ruling. Although they still have other legal avenues open, she emphasized, “we’re just trying really hard right now.”
Pasitney also expressed gratitude towards those who have shown support during this difficult time: “I want to thank everyone who’s been supporting us along the way. We really appreciate all the kindness and love you’ve shown us.”
She invited supporters to gather outside Edgewood farm Wednesday morning, where culling is expected to start soon, stating that there will be signs and banners available for peaceful expression without disrupting the work being done. She reminded supporters to respect boundaries and prior arrangements.
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