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Law Professor Doubts Supreme Court Will Hear B.C. Ostrich Cull Case

A single justice granted an interim stay so the full court can consider the farm’s bid for relief.

Overview

  • Universal Ostrich Farms is seeking to prevent the Canadian Food Inspection Agency from culling its flock after an H5N1 outbreak.
  • University of Ottawa law professor Paul Daly says the legal questions have already been tested in lower courts and are not particularly novel or complicated.
  • The Canadian Food Inspection Agency argues the Supreme Court should dismiss the case because the farm is repeating arguments rejected by the Federal Court of Appeal.
  • In filings, the farm says it is asking the court to address an administrative‑law issue about emergency powers and evolving facts rather than to second‑guess scientific judgments.
  • Daly expects the Supreme Court to take a dispassionate view focused on legal merit rather than public attention generated on social media.