Cull order on B.C. ostriches a ‘one-size-fits-all' approach, federal appeals court hears

Globe and Mail

3 days ago

A fight to save nearly 400 ostriches earmarked for slaughter in British Columbia that have received global notoriety and support of the biggest players in U.S. health landed in an Ottawa courtroom Tuesday.
A lawyer representing Universal Ostrich Farms, Umar Sheikh, argued at a hearing held by the Federal Court of Appeal that the Canadian Food Inspection Agency plans to apply a 'one-size-fits-all' approach to execute its 'stamping out policy' on the flock. The policy sees birds exposed to avian influenza killed. The virus is a public health concern that scientists fear could develop into a human pandemic.
Since April, 2022, the CFIA has killed more than 8.7 million birds in B.C. and 14.5 million nationally in an attempt to contain further spread of the virus. The agency says its approach is consistent with federal legislation and aligns with guidelines from the World Organisation for Animal Health, which co-ordinates animal disease control measures.
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Tuesday's hearing, which is the result of a challenge to a May Federal Court decision that upheld the CFIA's position to cull the ostriches, is the latest development in a tussle over the flock's fate.
The birds have a wide net of supporters who want to see them saved, including the highest-ranking health officials south of the border. On the other hand, they are of particular concern to the Canadian government: the National Centre for Foreign Animal Disease identified the birds as having a genotype not otherwise seen in Canada, linked to a human infection of an Ohio poultry worker.
In December, an outbreak began on the farm in Edgewood, a remote community in B.C., and 69 ostriches in the flock of 468 died. In late January, the CFIA said the surviving members would be depopulated, meaning they would be killed.
Mr. Sheikh told the court only two surviving ostriches have been tested and 93 per cent of the flock has survived since their exposure to avian influenza. Ostriches differ from chickens and have a greater chance of surviving the virus, he added, noting the birds are still alive today.
Lawyers representing the CFIA's position also made submissions to court Tuesday, including on the agency's stamping out policy, which the Federal Court determined to be reasonable. Counsel said the two ostriches tested were positive for avian influenza and the agency's policy is designed to mitigate the spread of the virus.
The lawyers also told court that failing to adhere to the policy carries negative trade implications and the agency has considered, but ultimately rejected, a different approach after conducting an analysis.
The flock's supporters are not backing down.
On the weekend, a fundraiser was held that included a musical performance made by Tamara Lich. She was the central organizer of the 2022 Ottawa convoy, where demonstrators with big-rig trucks stayed in the city for more than three weeks and vocalized opposition to COVID-19 vaccination mandates. Ms. Lich, found guilty of mischief in April in connection with those events, posted on X that she was thrilled to play a small part in the fundraiser.
The birds also received backing from Robert F. Kennedy Jr., the U.S. Secretary of Health and Human Services, who wrote to CFIA President Paul MacKinnon earlier this year. He said the birds could offer insight for new vaccines and therapeutics. Dr. Mehmet Oz, a former TV personality who now leads medicare in the U.S., also offered sanctuary for the birds on his Florida ranch.
The farm's owners say the ostriches are like family and they wish to keep them in B.C. Some, such as one named Q-Tip because of his big, fluffy head, have been with them for more than two decades. In recent weeks, dozens of supporters have travelled to the site.
One supporter is a 13-year-old teenager from Fraser Valley, B.C., who became Canada's first domestically acquired case of avian flu last fall. She visited the farm with her parents in May.
'They don't deserve to die,' said the young woman, only identified as Joselynn, in an appearance captured by B.C. television reporters.