The fate of Universal Ostrich Farms could be decided Thursday, Nov. 6.
That is when the leave application judgement will be made by the Supreme Court of Canada between the Edgewood farm and the Canadian Food Inspection Agency (CFIA).
The judgement will decide whether the court will hear an appeal or not. If the court dismisses the application, the file is closed. If the court grants the application, it will hear the appeal.
The Supreme Court, which is Canada’s final court, issued its list of judgements to be rendered Friday, Oct. 31. The list of five starts at 9:45 a.m., with the ostrich farm and CFIA second on the list. The list may change.
The Federal Court dismissed the applications for judicial review, brought by Universal Ostrich Farms, of two related decisions by CFIA.
The first decision, a Notice to Dispose issued on Dec. 31, 2024, required the farm to dispose of all the ostriches on its farm by Feb. 1, 2025, after laboratory testing confirmed infection of two dead ostriches with the H5N1 strain of highly pathogenic avian influenza.
The second decision, an Exemption Denial on Jan. 10, 2025, denied the applicant’s request to exempt at least some of its ostrich flock from destruction.
The Notice to Dispose had not been complied with because the Federal Court stayed that decision pending determination of the judicial review application in the Federal Court; and then a single judge of the Federal Court of Appeal stayed the decision pending disposition of the applicant’s appeal before the Federal Court of Appeal.
The Federal Court of Appeal in August unanimously dismissed the applicant’s motion for new evidence and dismissed the applicant’s appeal, finding that the CFIA’s Stamping-Out Policy, the Notice to Dispose and the Exemption Denial were all reasonable in accordance with the applicable case law.
Agency and RCMP enforcement
The CFIA have been on the farm with a large RCMP presence since Sept. 22.
Karen Espersen, the co-owner, and her daughter, Katie Pasitney, were arrested the next day while feeding the birds, and later released.
The farm did manage to get an interim stay of the cull, which was granted Sept. 24.
Meanwhile care of the flock has been stripped from the owners and handed over to the CFIA, during which time one bird died on Oct. 4.
The case made by the farm is that in the 10 months since an avian flu outbreak was declared, the ostriches have developed herd immunity. Initially an estimated 69 ostriches died in the flock of approximately 400, but no more since the first few weeks of the outbreak – aside from the recent death under care of the CFIA and two that were allegedly shot by intruders earlier this spring and summer.
Ever since the cull order, hundreds of supporters and protesters have visited the farm, whether for a brief visit or camping out for extended periods.
Recording and observing actions of the CFIA and RCMP, farm owners and supporters have concerns about the health, numbers and care of the ostriches since they have arrived.
They claim that there are fewer ostriches and are implying that they are being killed and removed in large dumpsters spotted leaving the farm.
There are also accusations that the ostriches are not being given enough food or water.
“The estimated number of birds on the farm remains unchanged,” the CFIA told The Morning Star.
The CFIA estimates there are between 300 and 330 birds on the farm. The larger of which would be consistent with initial numbers reported by the farm.
“Given the frequent movement of the birds and visual obstructions on a large site with various structures and forested areas, determining an exact count relying on visual images from drones or telephoto lenses would be challenging,” the agency said, adding no birds have been euthanized or removed from the farm.
“The CFIA is using disposal bins on site to manage waste from its daily operations on the farm. The material being removed from the premises include remains from meals eaten on site, Tyvek (like Hazmat) suits and other personal protection equipment that has been disinfected, and packaging from supplies used on site. The bins have not been used to remove dead ostriches or ostrich body parts.”
Edgewood residents on edge
Outside of the farm, tensions continue to run high for many of the other residents of the small town of Edgewood (235 population, 2021 Census).
Locals are asking why a town hall has never been held or why Vernon-Monashee MP Scott Anderson said he was open to hearing the locals but has yet to commit to a date and time yet continues to support and visit the farm.
A neighbour of the farm was even attacked Sept. 22.
RCMP confirm a report of an assault and arson attempt at a property neighbouring the Universal Ostrich Farm (UOF) took place.
“The suspect who was associated to the protest camp on the UOF, was identified and arrested without incident,” Staff Sgt. Kris Clark, senior media relations officer told The Morning Star. “The victim received medical assistance from RCMP medics on scene.”
The matter is still under investigation.
While many supporters at the farm have extended support in the community of Edgewood, there have also been several instances of disruption including one at the Legion on Thanksgiving.