The Supreme Court of Canada will issue a decision next week on whether to hear a final appeal against the order to cull a flock of ostriches at a British Columbia farm. The court will rule on a list of leave applications on Thursday, including the challenge by Universal Ostrich Farms to an order from the Canadian Food Inspection Agency (CFIA) dated December 31, 2024.
The CFIA's order mandates the culling of the ostrich flock following an outbreak of avian flu. If the Supreme Court refuses to hear the case and lifts a stay on the cull, the mass killing of the birds will proceed without legal obstacles. If permission to appeal is granted, a final decision will occur after a full hearing.
Katie Pasitney, spokesperson and daughter of one of the farm’s owners, expressed her feelings on Facebook after learning about the upcoming decision. She said,
“My stomach sank a little bit. The world needs to pray for us. I walk in faith as my feet hit the ground each day. This story has already been written. The ending has been decided, we just need to believe.”
Legal analysts doubt the Supreme Court will take up the case, noting the controversy has largely been settled. Both the Federal Court and the Federal Court of Appeal ruled in favor of the Canadian Food Inspection Agency earlier.
Emmett Macfarlane, a political science professor at the University of Waterloo, said last month that the likelihood of the Supreme Court hearing the farm’s appeal is “very low.”
The Supreme Court’s ruling will determine whether Universal Ostrich Farms can legally challenge the CFIA’s avian flu culling order, with experts skeptical the appeal will proceed.