The Supreme Court of Canada is set to release its decision on whether to hear a British Columbia ostrich farm's latest appeal to save its herd, more than 10 months after the Canadian Food Inspection Agency ordered the cull amid a bird flu outbreak last December.
Universal's ostrich farm in the southern inland community of Edgewood, British Columbia, has already lost legal battles in the Federal Court and the Federal Court of Appeal, and the fate of a flock of about 300 birds now depends on the high court's decision.
In September, the Supreme Court of Canada put the cull on hold while it considers whether to take up the case, and if it decides not to do so, there will be no legal hurdle for the agency that carried out the killings.
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The court did not disclose reasons for dismissing or resolving the case, and legal experts say the odds are stacked against the farm today when considering federal court rulings issued earlier this year.
The flock's saga led to supporters gathering in the area to oppose the possible cull, as well as the intervention of U.S. Health Secretary Robert F. Kennedy Jr., who said the birds should be saved because of their scientific value.
Farm owners say the CFIA's policy of wiping out herds after bird flu is discovered is wrong and their ostriches have developed “herd immunity,” while the CFIA claims ostriches that appear healthy can still spread the disease.
The CFIA currently has custody of the birds, and the farm's owners claim they were forcibly and illegally removed from the property by the agency and the RCMP.
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