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Supreme Court Halts Planned Cull of B.C. Ostriches, Orders CFIA to Hold Custody

The agency now faces an Oct. 3 response deadline under an interim stay issued during heightened enforcement at the Edgewood farm.

Overview

  • Justice Michelle O’Bonsawin granted an interim stay that pauses enforcement of the CFIA’s stamping-out policy and requires the flock to remain in agency custody on site.
  • The Supreme Court set filing deadlines, directing the CFIA to respond to the leave application by Oct. 3, after which the farmers have two days to reply before a decision on whether the appeal can proceed.
  • RCMP arrested co-owner Karen Espersen and her daughter Katie Pasitney on Tuesday after they refused to leave a pen; both were released and the ostrich enclosures remain under CFIA control.
  • A three-metre hay-bale wall built to corral the birds was charred and smouldering on Wednesday as crews doused hotspots, and authorities have not indicated any change to operational posture.
  • The cull order followed avian flu detected last December that killed nearly 70 birds, and lower courts rejected the farm’s challenges as the CFIA cited risks from a more lethal strain.