A Vancouver lawyer says the looming destruction of 400 ostriches on a remote B.C. farm could be deemed unlawful animal cruelty.
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On Tuesday, Rebeka Breder weighed in on the controversy around a Canadian Food Inspection Agency order that Universal Ostrich Farm in Edgewood destroy its entire flock after an outbreak of avian flu. Some of the birds are over 30 years old and have lived on the farm their entire lives.
“It is really unfortunate and heartbreaking,” said Breder, who specializes in animal cruelty cases. “I don’t know how they can kill this many large birds humanely or without cruelty.”
Ostriches can grow to as large as 140 kilograms.
Breder said cruelty to animals is against the Criminal Code of Canada and the Prevention of Cruelty to Animals Act in B.C. Section 441 of the Criminal Code states an animal owner cannot wilfully “permit to be caused unnecessary pain, suffering or injury to an animal or a bird.”
Katie Pasitney, whose mother Karen Espersen owns Universal Ostrich Farm, said the family did not know how it would meet the deadline to kill all the birds by Feb. 1.
She said they could not shoot them because it would cause mass panic. They did not have an enclosed space to gas them and it would difficult to round them up and slit their throats.
According to the CFIA, the farm’s plan to kill the birds must be approved by the agency and “adhere to expected standards,” which must be humane and in compliance with the applicable provincial animal welfare regulations and standards.
The CFIA said this was the first time it has ordered the destruction of ostriches due to the avian flu. So far in B.C. more than eight million chickens have been ordered to be killed due to outbreaks. Avian flu can spread to humans and has led to serious illness for a teenager in B.C. and the death of a person in the U.S.
“The depopulation may be carried out either by the owner, the CFIA, or by a third party,” the CFIA said.
The agency was unable to comment directly on the Universal Ostrich Farms case, but said it provided mental health supports for farmers who had to kill their flocks.
There are also programs to compensate farmers for their losses.
On Jan. 8, Dr. Lyle Oberg, a board member of the Alberta Health Service Board, wrote a letter to the CFIA stating, “I would urge you to not automatically move to complete culling as you would with other smaller birds.”
On Jan. 9, Steve Morissette, the B.C. NDP MLA for Kootenay-Monashee, wrote a letter to the CFIA stating his opposition to the cull order.
Pasitney said that the farm was working with a lawyer to try to get an extension on the Feb. 1 deadline and, beyond that, to try to challenge the order.
They’re making the case that the flightless birds – which are part of an ongoing international research project on COVID-19 antibodies – can instead be used to study the mechanics of the avian flu that infected the youngest members of their herd.
With file from Canadian Press