Protesters Gather to Save BC Ostrich Farm Birds After Court Dismisses Case Against Culling Due to Avian Flu

Protesters Gather to Save BC Ostrich Farm Birds After Court Dismisses Case Against Culling Due to Avian Flu
Karen Espersen, co-owner of Universal Ostrich Farm, with some of her birds. Courtesy of Universal Ostrich Farm
Chandra Philip
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Owners of a B.C. ostrich farm say lots of people have been stopping by the farm to prevent the culling of the ostriches after the family lost its court case to save the birds against the Canadian Food Inspection Agency (CFIA).

The government agency ordered the culling over concerns of avian flu, while the farm had argued that the older birds have herd immunity and are being used for research.

The birds were first identified by the CFIA in December, after two ostriches died and were tested for H5N1, also known as avian flu. After the test came back positive, the agency said the other birds would need to be culled. However, the family that runs the farm was able to get a court injunction until the judicial review was held.

The federal court dismissed the judicial review filed by Universal Ostrich Farms in Edgewood, B.C., on May 13, saying the CFIA’s decision was “reasonable based on the record before the decision-maker and [was] made in a procedurally fair manner.” The farm is about 150 kilometres south of Kelowna.

The CFIA said it plans to move ahead with “humane depopulation” of the birds on the farm, but will not be releasing the dates for its actions.

The family said they were upset by the court decision.

“We are heartbroken by this outcome and uncertain about the future of our farm,” they said on social media. “As we navigate this incredibly difficult time, we ask for your patience and continued support.”

The farm is run by Karen Espersen and her business partner Dave Bilinski.

Espersen said they’ve received lots of support from people who want to save the birds and they have gone into “operation security” mode on the farm until they are able to get a court appeal ready.

“We’ve got all our gates blocked, and we’ve got people around the clock around the perimeter of the facilities, so we’re doing everything to make sure that we can take it to the next level,” she said in a video posted to the farm’s Facebook page.

“Our birds are happy and healthy. They look beautiful. They’re performing for everybody that stops by ... And we really want the world to see that this is wrong, what’s going on. And we’re not going to let it happen.”

Along with losing the case, the farm has been ordered to pay $15,000 by the courts to CFIA.

Conservative MP Scott Anderson said he’s working on a plan to save the animals.

“My team is working on a plan to save the ostriches while satisfying the requirements of the Canadian Food Inspection Agency,” he said in a May 15 post on Facebook. “I will be formally asking the CFIA to hold off on the cull tomorrow morning while we explore the possibility of saving the ostriches for further immunology research.”

The Regional District of Central Kootenay said it had already received provincial permission for its landfill in Castlegar, B.C., to handle the carcasses.

The farm has said that the flu virus was brought to the farm by migrating ducks.

Birds Used for Antibody Research

The farm has previously said that the older birds had herd immunity from an outbreak in 2020. The owners also said that the birds’ antibodies were being used in research to develop vaccines and therapies.

The farm, together with a group of researchers from Canada, the United States, and Japan, has formed Struthio Bioscience. The ostriches are studied and used to create antibodies to fight viruses like H5N1 in animals and humans.

“They have the ability to do so much good. They could really help humanity, and there’s nobody listening,” farm spokesperson Katie Pasitney said in a previous interview.

CFIA said it was important to cull the animals to prevent the spread of the virus. It also said proper disposal of the bodies was required.

The agency said that while the risk to humans was low, there have been cases of serious illness and death from avian flu in North America.

“Managing outbreaks includes enforcing strict biosecurity measures, depopulation of infected birds, and properly disposing of dead birds that may carry disease,” the agency said.

Jeff Sandes contributed to this article.