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Supreme Court Sets Nov. 6 Decision on B.C. Ostrich Culling Appeal

A temporary stay keeps the flock intact pending the court’s call on whether the CFIA’s avian‑flu cull order merits a full appeal.

Overview

  • The Supreme Court of Canada will rule Thursday on whether to hear Universal Ostrich Farms’ appeal, a decision that determines if the cull can proceed now or only after a full hearing.
  • If leave is refused and the stay is lifted, there will be no legal barrier to killing hundreds of birds; if leave is granted, the fate of the flock will be decided after arguments on the merits.
  • The CFIA ordered disposal of the entire flock after highly pathogenic avian influenza was detected on Dec. 31, 2024, issuing a Notice to Dispose and later denying an exemption request on Jan. 10, 2025.
  • Lower courts backed the agency: the Federal Court of Appeal dismissed the farm’s appeal and found the CFIA’s decisions reasonable under the Health of Animals Act and its Stamping‑Out Policy.
  • CFIA took control of the Edgewood, B.C., enclosure in September, stating apparently healthy ostriches can still spread the virus, while the farm maintains the surviving birds show no signs of illness.