Supreme Court of Canada dismisses B.C. ostrich farm attempt to save flock

The CFIA has said the application of the avian flu stamping out policy for this farm has been upheld by the Federal Court of Canada and the Federal Court of Appeal.

The Supreme Court of Canada has dismissed an application from a B.C. ostrich farm to hear an appeal to save its flock.

The court unanimously dismissed the applicant’s motion for new evidence and dismissed the farm owner’s appeal, finding that the Stamping-Out Policy, the Notice to Dispose and the Exemption Denial were all reasonable in accordance with the applicable case law.

“The Canadian Food Inspection Agency (CFIA) will be moving forward to complete depopulation and disposal measures as authorized by the Health of Animals Act and guided by the stamping out policy for highly pathogenic avian influenza (HPAI),” the CFIA said in a statement on Thursday morning.

The Universal Ostrich Farm, in Edgewood, B.C., challenged the Canadian Food Inspection Agency’s (CFIA) order to cull the flock after an outbreak of avian flu was detected last Dec. 31.

In an update posted to Facebook on Thursday morning, the daughter of the farm’s co-owner, Katie Pasitney, said, “This is what pain looks like, Canada,” holding back tears.

“She’s going to lose everything she’s ever loved for 35 years,” Pasitney added, referring to her mother, the farm’s co-owner, who could be seen crying in the background.

“That’s what pain looks like when the government fails you.”

The CFIA said the farm owners failed to report the initial cases of illness and deaths when the herd was infected.