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Court postpones feds' order to cull 400 ostriches on BC farm

The court said it will issue a definitive ruling once it hears the judicial review.

Jarryd Jäger

A family farm in British Columbia will not have to kill 400 of its ostriches — as least not yet — a court has ruled.

Justice Michael Battista sided with the farm, postponing a final decision on the cull until after the Canadian Food Inspection Agency conducts a full review of its initial order, which would have required the birds to be slaughtered by February 1.

The farm's legal advocate, Kari Simpson, told the Western Standard she expects to be back in court within 40 days.

The CFIA ordered the birds killed after two of their deceased herd-mates tested positive for H5N1, better known as avian flu.

The saga began in December, when an avian flu outbreak was declared at Universal Ostrich farm. Part-owner Karen Espersen said she believed the disease was brought to their property by a flock of migrating ducks, who took shelter in the barn.

Initially, the farm saw as many as four ostriches dying per day, but eventually the deaths petered out. Katie Pasitney, whose mother Karen is also a part-owner, said this was evidence that the birds had acquired herd immunity.

Nonetheless, when the CFIA got wind of the outbreak in December, they sent a team out to investigate, and after testing two carcasses, determined that the entire herd had to be culled. This was incomprehensible to the owners and their families, who have developed strong relationships with each individual bird.

More to come...