Canadian ostrich farm loses lengthy authorized battle to keep away from cull of its birds, regardless of plea from RFK Jr.

The Supreme Court docket of Canada on Thursday unanimously dismissed a last-ditch enchantment by an ostrich farm in British Columbia to avoid wasting its flock of a whole lot of birds. The federal government issued a cull order for the farm’s inventory final yr, and the Canadian Meals Inspection Company stated it might proceed with killing the ostriches to forestall an avian flu outbreak.

“The Canadian Meals Inspection Company (CFIA) shall be shifting ahead to finish depopulation and disposal measures as approved by the Well being of Animals Act and guided by the stamping out coverage for extremely pathogenic avian influenza (HPAI),” the CFIA stated in an announcement following the courtroom’s determination.

The CFIA didn’t say how the ostriches could be killed, however a number of gunshots have been heard on the Common Ostrich Farm on Thursday evening, in keeping with Canadian media. The gunfire could possibly be heard on a reside video stream on farm spokesperson Katie Pasitney’s Fb web page.

Pasitney made an emotional plea to the Supreme Court docket to rule towards the cull simply earlier than Thursday’s courtroom assembly, saying the birds have been wholesome and posed no menace.

“Supreme Court docket of Canada, they’re wholesome. They’re every thing that we’ve got and every thing that we liked for 35 years, please cease,” she stated in a video posted on social media. 

It has been almost a yr since over 300 ostriches on the farm grew to become embroiled in a authorized battle between the CFIA and their homeowners in Edgewood, British Columbia.

In early December 2024, an outbreak of the extremely pathogenic avian influenza virus hit the farm, ensuing within the deaths of almost 70 birds inside a couple of weeks. The CFIA described the outbreak as “unprecedented” and warned that it might have a major impression on Canada’s poultry trade, ordering a cull of the affected birds. 

“You wish to know what ache seems to be like?” Pasitney requested in an emotional video posted on-line proper after the courtroom’s determination on Thursday, displaying her mom, the farm’s proprietor, crying. “She goes to lose every thing she has ever liked for 35 years … that is what ache seems to be like when the federal government fails you.”

The CFIA stated it takes its duty to guard the well being of each animals and Canadians extraordinarily severely, and that it takes all illness management measures deemed mandatory to guard well being and commerce.

“Provided that the flock has had a number of laboratory-confirmed instances of H5N1 and the continuing critical dangers for animal and human well being and commerce, the CFIA continues planning for humane depopulation with veterinary oversight on the contaminated premises,” the company stated.

The case drew consideration from the U.S. authorities, with Well being Secretary Robert F. Kennedy Jr., together with the director of the Nationwide Institutes of Well being and the commissioner of the Meals and Drug Administration, sending a letter to the pinnacle of the CFIA in Could asking him to rethink the cull, arguing that the ostriches could possibly be worthwhile to check.

“We’re respectfully requesting CFIA to contemplate not culling your entire flock of ostriches at Common Ostrich Farm,” Kennedy’s letter stated, “given {that a} proportion of those ostriches have been contaminated with avian influenza (H5N1) final yr, we consider there’s important worth in learning this inhabitants, for a number of causes.”

In a follow-up letter in July, Kenndey urged the CFIA to delay the cull and proposed rapid collaboration between the CFIA, Canadian researchers and the U.S. Nationwide Institutes of Well being and the Facilities for Illness Management and Prevention. 

Dr. Mehmet Oz, administrator for the U.S. Facilities for Medicare & Medicaid Companies, provided the farm’s homeowners the choice of relocating the birds to his ranch in Florida, however the supply was turned down, in keeping with Canada’s nationwide public broadcaster CBC. 

The CFIA stated it might compensate the farm homeowners for the worth of the animals, paying as much as $2,200 per chicken as soon as supporting documentation was accomplished.