Legal counsel for both the Canadian Food Inspection Agency (CFIA) and an ostrich farm in the West Kootenay region continued their arguments Wednesday, the second day of a judicial review involving the fate of 400 ostriches.
Dozens of the birds died in December from an avian flu outbreak at Universal Ostrich Farms near Edgewood, prompting the CFIA to order a cull of the entire remaining flock.
The farm’s owners fought the order and received a reprieve earlier in the year pending the outcome of the review in federal court.
“The fact of the matter is our animals are alive, happy and healthy, and they’re thriving,” said Katie Pasitney of Universal Ostrich Farms. “To kill them right now would be cruel.”
According to farm operators, the birds have achieved herd immunity with no sign of illness since Jan. 15.
They also argue that this group of ostriches is scientifically valuable and part of an international study on antibody production.
“A very unique herd of ostriches that, you know, have been used for research for a number of years now, and they are learning a lot from their antibodies and immune systems,” said Kelowna-based lawyer Lee Turner, who is representing the ostrich farm.
It’s research, Pasitney said, could help in the fight against the H5N1 avian flu pandemic, which has wiped out entire chicken farms.
“With our antibodies, we’re offering, offering a solution to other industries by helping them within their commercial poultry facility, saving millions of animals,” Pasitney said. “I don’t understand why organizations are not taking this into account and taking it seriously.”
Lawyers representing CFIA argued the ‘stamping out’ order is an international standard for the public’s safety, adding depopulation is the most effective means of preventing the spread of the disease.
They also argued that the policy protects Canada’s poultry exports and economy.
However, farm owners believe saving the ostriches is in the public’s best interest.
“They should come in with different ways of helping our farms protect their survivors,” Paistney said. “You don’t kill the survivors. We protect the survivors. They’re what’s going to take us through giving us immunity with the next virus.”
The case has garnered international attention.
It’s not known when a decision on the fate of the birds will come down.