A British Columbia ostrich farm which fights to prevent the slaughter of its herd of 400 ostriches after an avian flu epidemic obtained a provisional suspended from the Ottawa Federal Court of Appeal, thus delaying the execution of birds.
Universal Ostrich Farms, in Edgewood, British Columbia, has been trying to prevent the Canadian Food Inspection Agency from slaughtering birds since the slaughter was ordered in December, after an avian flu epidemic which resulted in the death of 69 ostriches.
The breeding lost to the Federal Court and the Federal Court of Appeal, but on Thursday, his lawyer asked for a new stay of the slaughter order, depositing a series of documents while the farm requested a hearing before the highest court in Canada.
In a decision rendered on Saturday, the Federal Court of Appeal granted a provisional suspension until the suspended request “is decided on the basis of a complete file”.
The decision stipulates that the notice of slaughter of birds is “by this suspended pending the settlement of the suspended request”, the deadline for the response of the ACIA being on Tuesday.
“It leaves us a little time, not much,” said lawyer Umar Sheikh, who represents the farm, during an interview shortly after acceptance of the provisional suspension request.
The farm, which claims that birds are now in good health, has maintained that they represent no threats and that they have scientific value.
Me Sheikh indicated that the farm had requested the provisional measure at the same time as the suspension, explaining that it wanted to prevent the Ecia from shooting down the ostriches before the court decides on the suspension.
The lawyer had declared in a letter deposited at the Federal Court of Appeal that the agency was mobilizing “imminently” to enforce the slaughter order.
Katie Pasitney, farm spokesperson and the co-owner’s daughter, said in a video published on social networks on Saturday afternoon that the provisional suspension granted several days of respite.
“In recent days have been very moving. They are still this today, ”said Mr.me Pasitney in the video, recorded in front of an ostrich enclosure where she has published many news from the farm.
The farm claims that the herd has been in good health for more than 230 days, without new infection by avian flu, and that the last death was recorded in mid-January.
The ACIA indicates on its website that leaving alive a herd previously exposed to avian flu means that a potential source of the virus persists and increases the risk of restocking or changing the virus.
The situation of the farm attracted the attention of managers of the American administration of President Donald Trump, in particular of the health secretary Robert F. Kennedy Jr., who has repeatedly asked that animals be spared and studied. Supporters seeking to avoid slaughter also camped on the farm and organized concerts.
The provisional suspension motion specifies that the SCIA is always authorized to take preparatory measures to shoot down birds. It is indicated that after the ECIA has submitted its response to the request for suspension of the slaughter decree, the farm will have until Wednesday to answer.
