{"id":41978,"date":"2025-09-25T04:23:06","date_gmt":"2025-09-25T04:23:06","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/41978\/"},"modified":"2025-09-25T04:23:06","modified_gmt":"2025-09-25T04:23:06","slug":"canadas-top-court-stays-execution-of-nearly-400-ostriches-for-now","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/41978\/","title":{"rendered":"Canada&#8217;s top court stays execution of nearly 400 ostriches, for now"},"content":{"rendered":"<p class=\"sc-9a00e533-0 bJoRPJ\">Canada&#8217;s Supreme Court has delayed a planned execution of nearly 400 ostriches at a farm in British Columbia over an avian flu outbreak, after the farm owners protested the cull order.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">It is the latest in a case that has drawn international attention, including from senior White House officials.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">The Supreme Court of Canada&#8217;s decision, made on Wednesday, will temporarily halt the planned culling of the birds by the Canadian Food Inspection Agency (CFIA) while the owners appeal.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">It comes a day after police briefly arrested the owners of Universal Ostrich Farms for obstructing food inspection agents &#8220;from performing their duties&#8221;, the Royal Canadian Mounted Police (RCMP) said. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">In a statement, police said the food inspection agents were granted a warrant to search the farm&#8217;s property. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">RCMP officers were requested to accompany them, they said, due to &#8220;increased tensions&#8221; and &#8220;protests&#8221; on the farm. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">The CFIA said that it will maintain custody of the birds as ordered by the court and  provide appropriate feed and water with veterinary oversight. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">It also said that search warrants authorising the agency to take control of specific areas of the farm remain in effect and access is limited without CFIA permission. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Katie Pastiney, one of the owners of Universal Ostrich Farms in Edgewood, British Columbia, said in a Facebook post on Tuesday that she and her mother Karen Espersen were arrested while trying to feed the ostriches.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Ms Pastiney and Ms Espersen have vehemently opposed the cull order on the ostriches, and had launched a months-long court battle in a bid to stop it. <\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">That battle has attracted international attention, including from US Health Secretary Robert F Kennedy, who penned a letter in May to the head of the CFIA asking the agency to study the birds instead.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Dr Mehmet Oz, the administrator for the US Centers for Medicare and Medicaid Services, offered separately to re-home the birds on his Florida ranch, Ms Pastiney told CBC News in May, though the farm rejected the offer.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">She had previously urged US President Donald Trump and billionaire Elon Musk, who has Canadian citizenship, to intervene.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">The CFIA ordered that the birds be culled in December after an avian flu outbreak on the farm killed 69 ostriches.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">&#8220;Allowing a domestic poultry flock known to be exposed to avian influenza to remain alive allows a potential source of the virus to persist,&#8221; the CFIA had said.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">&#8220;It would increase the possibility of reassortment or mutation, particularly with birds raised in open pasture where there is ongoing exposure to wildlife. This could also increase the human health risk.&#8221;<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Video posted by Ms Pastiney on Facebook on Tuesday shows CFIA officials building enclosures on the farm using hay bales, which she said were being used &#8220;to chase our ostriches into square corrals&#8221;.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Local media reported that part of the hay-bale wall caught fire early on Wednesday morning, and firefighters were seen hosing down the flames. It is unclear what caused the fire.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Protestors have been gathered at the farm since Monday, following the arrival of the RCMP and CFIA officials.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">The Supreme Court&#8217;s intervention comes after a Federal Court of Appeal judge ruled on 12 September that the cull can go ahead.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">Judge Gerald Heckman said in his ruling that the farm has failed to establish any &#8220;serious or arguable issue&#8221; for why its case should be heard by the highest court.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">In Wednesday&#8217;s order,  Supreme Court Justice Michelle O&#8217;Bonsawin said the CFIA must maintain custody of the birds and the farm must not interfere while it decides on whether to hear the case.<\/p>\n<p class=\"sc-9a00e533-0 bJoRPJ\">The federal inspection agency must respond to the appeal by 3 October, Justice O&#8217;Bonsawin ordered.<\/p>\n","protected":false},"excerpt":{"rendered":"Canada&#8217;s Supreme Court has delayed a planned execution of nearly 400 ostriches at a farm in British Columbia&hellip;\n","protected":false},"author":2,"featured_media":41979,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[111,139,69,147,406],"class_list":["post-41978","post","type-post","status-publish","format-standard","has-post-thumbnail","category-wildlife","tag-new-zealand","tag-newzealand","tag-nz","tag-science","tag-wildlife"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/41978","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=41978"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/41978\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/41979"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=41978"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=41978"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=41978"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}