Supreme Court of Canada to Decide on Ostrich Cull Case Next Week

The Supreme Court of Canada will announce next Thursday whether it will hear a significant case involving Universal Ostrich Farms in Edgewood, British Columbia. This decision will come on November 6, 2023, and is critical for the future of the farm’s ostrich flock.

The case centers on a cull order issued last December by the Canadian Food Inspection Agency (CFIA), following an outbreak of avian influenza that resulted in the deaths of 69 birds. Testing on two deceased birds confirmed the presence of the H5N1 strain of the virus. In response, the owners of the farm have contested the cull, arguing that the remaining ostriches show no signs of illness and should not be euthanized.

The CFIA maintains that even healthy-looking birds can transmit the virus, including potential new mutations. The agency’s regulations aim to mitigate the spread of avian influenza, which has seen a resurgence in the Fraser Valley region as many migratory birds return for the fall season.

In an earlier ruling, the Supreme Court placed a temporary stay on the cull order, allowing the CFIA to take custody of the ostriches while the court deliberates on whether to take the case. The owners of the farm have faced setbacks in lower courts, making this upcoming decision crucial for their operations.

Should the Supreme Court choose not to hear the case and lift the stay, the cull will proceed as outlined by the CFIA. Conversely, if the court grants leave to appeal, a comprehensive review of the case will follow, ultimately determining the fate of the flock.

The CFIA has reported a significant number of avian influenza outbreaks in the Fraser Valley, with the virus detected in nine commercial poultry flocks over the past two weeks. Among these, six outbreaks have been documented at farms in the Chilliwack area, while three have been noted in Abbotsford.

As the Supreme Court prepares to make its decision, the impact on the farm and the broader poultry industry remains a pressing concern for stakeholders in British Columbia.