A legal expert specializing in the Supreme Court of Canada has indicated that a British Columbia ostrich farm is facing significant challenges in their attempt to halt the culling of approximately 400 birds.
Emmett Macfarlane, a professor of political science at the University of Waterloo who has authored a book on Canada’s highest court, explains that the Supreme Court typically focuses on cases involving legal uncertainties rather than re-examining specific individual disputes.
Regarding the Universal Ostrich Farms in Edgewood, B.C., Macfarlane notes that multiple lower courts have already ruled against stopping the cull, suggesting a lack of substantial legal controversy in the matter.
The farm has been engaged in a prolonged legal battle to prevent the Canadian Food Inspection Agency from carrying out the culling of the ostriches due to an avian flu outbreak. Despite claiming the birds are now healthy and of scientific importance, the farm’s efforts to challenge the culling order have been unsuccessful in both the Federal Court and the Federal Court of Appeal.
Federal Court of Appeal Judge Gerald Heckman’s recent decision denied the farm’s request for another stay of the culling order, emphasizing that the farm has not demonstrated the presence of a significant legal issue in their proposed appeal.