The Supreme Court of Canada has dismissed the final appeal against the order to cull a flock of ostriches at the Universal Ostrich Farm in Edgewood, British Columbia. Following this decision, the Canadian Food Inspection Agency (CFIA) confirmed it will move forward with the complete depopulation and disposal of the birds.
"The CFIA will carry on with complete depopulation and disposal measures as authorized by the Health of Animals Act and guided by the stamping out policy for highly pathogenic avian influenza."
The CFIA did not specify a timeline for the execution of the cull. Both the Federal Court of Canada and the Federal Court of Appeal previously ruled that the CFIA acted reasonably and fairly in enforcing the stamping-out policy at the ostrich premises.
"The CFIA has respected all orders and decisions of the courts throughout the legal process and expects the ostrich farm owners and supporters to do the same now that the Supreme Court of Canada has issued its judgment."
The agency reminded those present at the farm that interfering with its operations is illegal under the Health of Animals Act, warning that such actions could lead to prosecution or enforcement measures.
"Any such actions may result in enforcement measures or prosecution. Section 65 of the Health of Animals Act describes the legal consequences of a contravention of the Act."
Additionally, Transport Canada has issued a notice in accordance with Section 5, supporting the enforcement framework related to this case.
The CFIA is proceeding with the mandated ostrich farm cull after the Supreme Court of Canada upheld previous court rulings, emphasizing adherence to the Health of Animals Act and warning against obstruction.