EDGEWOOD, BRITISH COLUMBIA, CANADA – The Supreme Court of Canada is set to decide by at least October 30 whether it will hear an appeal concerning a cull of ostriches at a farm in British Columbia. This decision comes after the arrest of an opponent to the cull on Friday. Video footage circulating on social media depicted Jim Kerr, a presenter with a significant following, being detained by Royal Canadian Mounted Police (RCMP) officers.
The RCMP confirmed that Kerr was arrested at the Edgewood farm, which is currently under a search warrant issued by the Canadian Food Inspection Agency (CFIA). The charges brought against Kerr fall under the Health of Animals Act, specifically for obstructing CFIA agents as they performed their duties. Reportedly, he crossed a perimeter established at the farm, which has been subject to heightened tensions as the owners await a court ruling regarding the fate of their flock.
Farm spokeswoman Katie Pasitney noted in a Facebook post that the arrest of Kerr occurred when he allegedly breached a quarantine line at the property. The owners of the farm have been embroiled in a legal struggle since December, when the CFIA ordered the culling of their flock after confirming an outbreak of avian influenza that resulted in the deaths of 69 birds.
After testing two of the deceased birds, both were found positive for the H5N1 strain of avian flu. In response, the farm owners have been advocating for testing of the remaining ostriches, which they assert show no signs of illness and should not be subjected to culling. Nevertheless, the CFIA maintains that birds appearing healthy can still transmit the virus and potentially lead to lethal new mutations.
The Supreme Court has temporarily suspended the cull order and mandated that the CFIA take custody of the ostriches until it determines whether to hear the appeal from the farm's owners, who have previously lost multiple lower court rulings. The court typically announces such decisions on Thursdays, publishing a list of cases to be considered. However, the list released on October 23 did not include Universal Ostrich Farms, implying that a decision regarding the appeal may not materialize until after October 30. If the court declines the appeal and lifts the stay, the cull will proceed. Conversely, if the court grants leave to appeal, a final decision on the flock's fate will follow after further hearings.
This incident marks another chapter in the ongoing conflict surrounding the farm, which has seen protests and opposition for several months. In a previous incident on September 23, two individuals were arrested for similar obstructive actions against CFIA agents yet were released subsequently. Furthermore, the RCMP reported receiving complaints from local businesses regarding threats and intimidation related to the ongoing dispute over the cull.
Pasitney, whose mother, Karen Espersen, co-owns the farm, reiterated the importance of honoring the established quarantine line to regulate access to the property. The situation remains tense as stakeholders wait for the Supreme Court's decision that could ultimately dictate the future of the ostrich flock and the operations of Universal Ostrich Farms.
