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Ostrich Cull Halted by Federal Judge Amid Avian Flu Outbreak
A federal judge has issued a temporary halt on the culling of around 400 ostriches at a British Columbia farm impacted by an avian flu outbreak, providing a glimmer of hope for the birds and their caretakers.
Justice Michael Battista made this ruling on Friday, thereby suspending a cull order from the Canadian Food Inspection Agency (CFIA) as the farm seeks a judicial review. Battista noted in his written judgment that allowing the cull to proceed without a more thorough examination could lead to “irreparable harm” for the farm.
During the hearings at the Toronto Federal Court, the legal representative for Universal Ostrich Farms Inc., Michael Carter, emphasized the unique genetics of the ostriches involved in an antibody research study, arguing that they are rare and valuable. The farm’s co-owners, Karen Espersen and Dave Bilinski, expressed profound relief and joy upon hearing the news, with Espersen’s daughter, Katie Pasitney, describing the moment as one filled with “happy tears.”
Next Steps in Legal Proceedings
Following this decision, Carter stated that their next step would be to pursue a hearing to scrutinize the CFIA’s decision regarding the cull and assess its reasonableness.
Pasitney shared that those closely associated with the farm are “ecstatic” about the ruling, which alleviates the distress of potentially witnessing the loss of their ostrich population built over 35 years. She described the past few days as marked by sleepless nights and uncertainty regarding the future of the animals.
On Saturday, supporters planned to gather to commemorate what they viewed as a significant victory while respecting quarantine restrictions in place on the farm. Pasitney remarked on the ostriches’ social nature, saying, “They love people. They’re very curious… I’m sure everybody is going to see the ostriches all lined up along the road, at the fence, watching what’s going on tomorrow.”
CFIA’s Stance and Public Health Concerns
Despite the temporary reprieve, Pasitney acknowledged that there is still a lengthy challenge ahead, particularly as they await a scheduling for the judicial review hearing. The CFIA initially issued the cull order after two dead ostriches tested positive for avian flu on December 30, arguing that public health concerns take precedence over the farm’s interests.
During the hearing, CFIA lawyer Paul Saunders articulated the agency’s position, emphasizing that entire herds must be culled to prevent the risk of the virus mutating, even among seemingly healthy birds. “There is a risk of human transmission. There is a risk of illness and death,” Saunders warned.
Despite the farm’s attempt to secure an exemption based on the unique genetics of these birds, the CFIA denied the application on January 10. In his ruling, Justice Battista pointed to the severe consequences of the cull, including the potential shutdown of a 25-year-old business and the loss of decades of hard work in breeding a unique ostrich herd.
The court’s stay on the cull will remain in effect pending the outcome of the judicial review.
Research Collaboration and Future Prospects
The ostriches have been the focus of a research initiative led by Dr. Yasuhiro Tsukamoto of Kyoto Prefectural University in Japan, known as “Dr. Ostrich.” The study aims to extract COVID-19 antibodies from the birds’ eggs, building on previous research indicating that these antibodies could combat infectious diseases, with potential applications for avian flu prevention.
In court, Carter argued for the value of these ostriches beyond mere livestock, criticizing the CFIA’s decision to treat them as typical poultry. Documentation from the farm indicates that 69 out of 450 ostriches succumbed between mid-December and January 15 after exhibiting symptoms of the flu.
As the situation stands, farmers, researchers, and animal welfare advocates will closely monitor the developments, hoping for a resolution that safeguards the flock’s future.
Source
globalnews.ca