The Supreme Court docket of Canada on Thursday unanimously dismissed a last-ditch enchantment by an ostrich farm in British Columbia to save lots of its flock of a whole bunch of birds. The federal government issued a cull order for the farm’s inventory final yr, and the Canadian Meals Inspection Company mentioned it could proceed with killing the ostriches to forestall an avian flu outbreak.
“The Canadian Meals Inspection Company (CFIA) shall be transferring ahead to finish depopulation and disposal measures as approved by the Well being of Animals Act and guided by the stamping out coverage for extremely pathogenic avian influenza (HPAI),” the CFIA mentioned in an announcement following the court docket’s resolution.
The CFIA didn’t say how the ostriches can be killed, however a number of gunshots had been heard on the Common Ostrich Farm on Thursday evening, in response to Canadian media. The gunfire might be heard on a dwell video stream on farm spokesperson Katie Pasitney’s Fb web page.
Katie Pasitney/Common Ostrich Farms/Fb
Pasitney made an emotional plea to the Supreme Court docket to rule towards the cull simply earlier than Thursday’s court docket assembly, saying the birds had been wholesome and posed no risk.
“Supreme Court docket of Canada, they’re wholesome. They’re every part that we’ve and every part that we beloved for 35 years, please cease,” she mentioned in a video posted on social media.
It has been practically a yr since over 300 ostriches on the farm grew to become embroiled in a authorized battle between the CFIA and their homeowners in Edgewood, British Columbia.
In early December 2024, an outbreak of the extremely pathogenic avian influenza virus hit the farm, ensuing within the deaths of practically 70 birds inside a number of weeks. The CFIA described the outbreak as “unprecedented” and warned that it may have a big affect on Canada’s poultry business, ordering a cull of the affected birds.
“You wish to know what ache seems like?” Pasitney requested in an emotional video posted on-line proper after the court docket’s resolution on Thursday, displaying her mom, the farm’s proprietor, crying. “She goes to lose every part she has ever beloved for 35 years … that is what ache seems like when the federal government fails you.”
Aaron Hemens/The Canadian Press by way of AP 
The CFIA mentioned it takes its accountability to guard the well being of each animals and Canadians extraordinarily severely, and that it takes all illness management measures deemed obligatory to guard well being and commerce.
“Provided that the flock has had a number of laboratory-confirmed circumstances of H5N1 and the continued critical dangers for animal and human well being and commerce, the CFIA continues planning for humane depopulation with veterinary oversight on the contaminated premises,” the company mentioned.
The case drew consideration from the U.S. authorities, with Well being Secretary Robert F. Kennedy Jr., together with the director of the Nationwide Institutes of Well being and the commissioner of the Meals and Drug Administration, sending a letter to the top of the CFIA in Could asking him to rethink the cull, arguing that the ostriches might be helpful to review.
“We’re respectfully requesting CFIA to think about not culling the complete flock of ostriches at Common Ostrich Farm,” Kennedy’s letter mentioned, “given {that a} proportion of those ostriches had been contaminated with avian influenza (H5N1) final yr, we imagine there’s vital worth in finding out this inhabitants, for a number of causes.”
In a follow-up letter in July, Kenndey urged the CFIA to delay the cull and proposed speedy collaboration between the CFIA, Canadian researchers and the U.S. Nationwide Institutes of Well being and the Facilities for Illness Management and Prevention.
Dr. Mehmet Oz, administrator for the U.S. Facilities for Medicare & Medicaid Providers, provided the farm’s homeowners the choice of relocating the birds to his ranch in Florida, however the provide was turned down, in response to Canada’s nationwide public broadcaster CBC.
The CFIA mentioned it could compensate the farm homeowners for the worth of the animals, paying as much as $2,200 per fowl as soon as supporting documentation was accomplished.
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