Supreme Court of Canada grants stay of execution for B.C. ostriches | CBC News

A B.C. ostrich farm fighting to stop a cull of its 400-bird flock over an avian flu outbreak has been granted an interim stay order by the Supreme Court of Canada, delaying the execution of the birds.

The order, issued Wednesday, temporarily halts the Canadian Food Inspection Agency’s (CFIA) Dec. 31, 2024 Notice to Dispose while the farm seeks leave to appeal. 

The court directed that the CFIA maintain custody of the birds and said the farm must not interfere with federal oversight pending a decision on the application. The agency must file any response by Oct. 3, with the farm allowed to reply within two days of that filing.

The CFIA had been preparing to destroy the flock at Universal Ostrich Farm near Edgewood in southeastern B.C. after avian flu was detected in some of the animals last December. 

Earlier this week, Katie Pasitney, whose mother Karen Espersen co-owns Universal Ostrich Farms, said the farm’s lawyer was filing paperwork in an attempt to have their case heard by the Supreme Court of Canada, while police and CFIA staff told the farmers they must leave the property.

Pasitney and Espersen were arrested and released by police on Tuesday.

Officials with the CFIA had begun building enclosures using hay bales Tuesday as part of preparations for the cull.

The wall of hay bales used to corral a flock of ostriches had been charred by fire on Wednesday morning.

Workers could be seen spraying the blackened areas with water as smoke billowed from the three-metre-high enclosure. 

Farm co-owner Dave Bilinski said Wednesday that they would never start a fire nor condone it, and the farm has its own fire system because of concerns of peat or grass fires on the property. 

Ostriches were visible behind the burned wall Wednesday, grazing and moving around, while several RCMP vehicles were stationed in front of the enclosure. 

CBC News has reached out to the RCMP and CFIA for comment.