Avian flu cull order for B.C. ostrich farm to be reviewed in court today
Universal Ostrich in Edgewood had faced Feb. 1 deadline to cull birds after H5N1 was detected on farm
A Federal Court judge will begin hearing arguments Tuesday in the case of a B.C. ostrich farm which has been ordered to cull its entire flock over avian flu concerns.
Universal Ostrich is located on a rural road near Edgewood, in B.C.'s West Kootenay region, an approximately 175-kilometre drive east from Kelowna along a winding highway.
Its entire flock of about 400 birds was ordered culled in February by the Canadian Food Inspection Agency after H5N1 avian flu was detected in December — but the farm managed to get its birds a stay of execution until the court could rule on the merits of the cull order.
The two-day hearing, which is set to be conducted virtually starting Tuesday, is the latest development in a case that has pitted public opinion in favour of the birds against officials who say that a cull would be in the best interests of public health.
Universal Ostrich's owners have argued that its birds have achieved herd immunity after a few dozen died in December, and its birds do not pose a public health risk — even as the agency argues that depopulation is required regardless of the remaining birds' immunity status.
"The National Centre for Foreign Animal Disease (NCFAD) identified that the current HPAI infection in these ostriches is a new variant of the virus not seen elsewhere in Canada," a CFIA spokesperson wrote in a statement sent to CBC News last month.
"Continued transmission of avian influenza virus in animals and sporadic cases in people may increase the chance of changes to the virus itself that could lead to a human-to-human transmission scenario and/or more severe strains of avian influenza virus for humans."
The CFIA pointed to the first case of H5N1 avian flu in a B.C. teen last November, as well as a death attributed to the virus in the U.S., as proof the virus can cause severe disease.
"Under Canada's stamping out policy, all domestic birds at an infected premises are depopulated to control the risk of further spread," the spokesperson wrote.
The federal Health Ministry has also expressed support for the cull, saying the CFIA's legal team has asked for an expedited hearing and decision from the courts.
Birds not being bred for meat
The farm's operators have said that a small percentage of its around 400 birds — 69 in total — have died of avian flu. But they say the rest of the flock has not shown any symptoms of the disease for months.
Indeed, Universal Ostrich says its birds are being studied as part of a partnership with Japan's Kyoto Prefectural University, which has previously made headlines for its work with ostrich eggs and detecting COVID-19.
Supporters say a cull fails to account for the specifics of the situation being faced by the farm's owners, Karen Espersen and Dave Bilinski, who have raised some of the birds facing death for decades.
The risks of flu spread from the ostriches is minimized, according to the farm's owners, because Universal Ostrich does not sell its birds for meat, and they cannot fly.
"What's at stake? It's our food security. It's our agricultural industry," Katie Pasitney, Espersen's daughter and farm spokesperson, told CBC News ahead of the court hearing. "Our ostriches are just a catalyst in the movement for some change and correction of policy."
The cull order and officials' assertions about the infected birds have become a flashpoint for a set of supporters who view the order to kill the birds, who can live for 30 or even 40 years, as an example of government overreach.
Tensions have been high, with the RCMP saying they were investigating after one of the farm's ostriches was shot and killed on March 21.
Ultimately, the CFIA's original cull order on Feb. 1 was halted by Federal Court Justice Michael Battista, who said he was satisfied by the arguments made that the farm would suffer "irreparable harm" should the cull have gone ahead, and that it had raised reasonable questions about whether a cull was necessary in the first place.
Researchers contacted by CBC News say there is limited information on whether ostriches can develop immunity to avian flu.
With files from Brady Strachan, Andrew Kurjata, Sarah Penton and Yvette Brend