Control of Edgewood's Universal Ostrich Farm remains with the Canadian Food Inspection Agency (CFIA), which states it will comply with the interim order issued by the Supreme Court of Canada to not kill the birds.
The CFIA says it will be filing its response to the request for leave to appeal as soon as possible.
"The CFIA will maintain custody of the birds as ordered by the Supreme Court of Canada," the agency states. "The CFIA will provide appropriate feed and water with veterinary oversight while the birds are in the agency’s custody."
There has been some upset and confusion at the farm, where dozens of protesters are camped out, seeing agents feeding the birds. But the farm owners are no longer allowed to feed their animals since search warrants were issued and CFIA took control of the property.
Search warrants which authorized the CFIA to take control of specific properties at the ostrich farm remain in effect.
There is no access to the properties under CFIA control without permission from the CFIA.
CFIA reminds individuals approaching the ostrich farm that they should pay particular attention to Sections 35(1) and 65(1) of the Health of Animals Act which state:
35 (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an analyst, inspector or officer who is performing duties or functions under this Act or the regulations.
65 (1) Every person who contravenes any provision of this Act, other than section 15, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of
a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or
b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.
"The CFIA is committed to the safety and security of its employees and contractors and continues to work with the Royal Canadian Mounted Police for onsite security and follow up on ongoing threats of violence and death by apparent supporters of the ostrich farm," the agency said.
"Our disease response aims to protect both public and animal health, as well as minimize impacts on the $6.8 billion domestic poultry industry, and the Canadian economy. This supports Canadian families and poultry farmers whose livelihoods depend on maintaining international market access for $1.75 billion in exports.
"Canada’s animal health status is an essential element of agricultural exports and the national economy. Our stamping out policy plays a critical role in animal disease control and preparedness."