The Federal Court of Appeal has ruled against an Edgewood ostrich farm that was seeking to overturn an order to cull their animals.
The unanimous ruling today found that the flock did not qualify for an exemption from the Canadian Food Inspection Agency’s order.
The court dismissed the appeal as well a motion to provide fresh evidence.
“In so concluding, we recognize that our decision might lead to the death of over 400 ostriches … an outcome that would doubtless be very difficult, both financially and emotionally, for the appellant’s principals,” the three-member panel wrote.
“While we have considerable sympathy for them, the law we are bound to apply inevitably leads to the conclusion that this appeal must be dismissed.”
In a video posted online, a tearful Katie Pasitney, whose mother co-owns the farm, said without an emergency stay order, “we are essentially just sitting open ducks in a field waiting for the next steps of the CFIA.”
Pasitney said their lawyer is going to seek another emergency stay while they seek leave to appeal to the Supreme Court of Canada. However, given the unanimous judgement today, she said the chances that the high court will hear their case are “very low.”
In June, the federal court issued a stay of execution while it deliberated.
The CFIA ordered the farm to cull its entire flock after it declared an avian influenza outbreak at the property late last year. However, the farm has refused to do so. They said the remaining birds didn’t show any sign of illness and were useful for scientific study.
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