A federal judge has effectively lifted a Saturday deadline for a B.C. farm to kill about 400 ostriches hit by an outbreak of avian flu.
Justice Michael Battista ruled Friday to stay the cull order imposed by the Canadian Food Inspection Agency while the farm involved seeks a judicial review of the case.
Battista said in a written decision that going ahead with Saturday’s order before the matter could be further examined “would expose the applicant to irreparable harm.”
A lawyer for Universal Ostrich Farms Inc. had argued in a Friday hearing that the ostriches should be exempted from the order because their genetics are the subject of an antibody research study, making them rare and valuable.
Michael Carter says his clients—farm co-owners Karen Espersen and Dave Bilinski—had “happy tears” when they learned the news after watching the proceedings virtually from Edgewood, approximately 200 kilometres east of Kelowna.
The CFIA issued the order after avian flu was detected in two dead ostriches Dec. 30 and its lawyer argued Friday that public health concerns outweigh the farm’s position.
The farm initially applied for a CFIA exemption that exists for animals with rare genetics, but the federal agency denied their application Jan. 10.
