A legal expert from the University of Ottawa doubts that the Supreme Court of Canada will intervene in the case of a British Columbia ostrich farm facing a cull by the Canadian Food Inspection Agency.
Paul Daly, an administrative law and governance expert at the university, clarified that contrary to reports, the High Court has not granted a full stay on the cull. Only one judge has temporarily halted the cull to allow all nine judges to review the farm’s plea for a stay and a hearing.
If the Supreme Court rejects the farm’s appeal, the fate of the ostriches will likely be sealed, according to Daly.
The Canadian Food Inspection Agency has reported conflicting numbers on the ostrich flock, estimating between 300 and 330 birds, while the farm claims the actual count is closer to 400.
Legal documents have been filed by both the farm and the CFIA with the Supreme Court, which has ordered the birds to remain in the agency’s custody until a decision is reached.
In response to online campaigns urging supporters to flood the CFIA’s phone lines with fake requests for inspections, the agency has warned that such actions could hinder its ability to provide essential services for food and animal safety.
The latest statement from the CFIA states that the ostriches are being cared for without signs of distress, despite the ongoing legal battle.
The farm’s owners were briefly detained after refusing to vacate the ostrich enclosure during a CFIA operation, which involved police presence to ensure compliance with a search warrant.
Daly believes the court’s decision may not be influenced by public opinion but rather based on the legal merits of the case, which he considers not particularly complex.