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yesterday

Federal Court of Appeal Pauses Decision on B.C. Ostrich Cull Case

Judges reserved their ruling on challenges to the CFIA’s stamping-out policy following a two-day appeal hearing.

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Ostriches at Universal Ostrich Farms in Edgewood, a remote community in B.C., on June 6. After an outbreak late last year, the Canadian Food Inspection Agency said nearly 400 surviving ostriches would be killed.
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Overview

  • The court maintained a stay on the order to cull about 400 surviving ostriches at Universal Ostrich Farms after hearing arguments July 14–15.
  • Farm lawyers argued no birds have died since January and urged further H5N1 testing instead of automatic destruction under the cull directive.
  • CFIA counsel told judges that its stamping-out policy, adopted in 2004 under WOAH guidelines, requires culling exposed flocks to curb viral mutation and uphold Canada’s trade commitments.
  • Authorities fined Universal Ostrich Farms $20,000 for failing to report the outbreak promptly and for breaching quarantine measures after a novel avian flu reassortment was detected last winter.
  • Judges said they will render their decision quickly on whether independent testing or research exemptions to the cull order can proceed.