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B.C. ostrich farm granted interim stay of cull

Busy day at the farm following an early-morning hay fire, news of Indigenous

It's been a busy morning at Universal Ostrich Farm following a hay fire, Indigenous protection and news that the cull is on hold.

"Our lawyer called and the Supreme Court of Canada granted us an interim stay," said Katie Pasitney, spokesperson for the farm which her mother co-owns.

Court documents show the CFIA has until Friday, Oct. 3 to respond to the application and the ostriches will remain in its custody with no interference from Universal Ostrich.

Pasitney and her mom Karen Espersen were arrested Tuesday, after RCMP and Canadian Food Inspection Agency (CFIA) officials arrived at the farm Monday. They were both released shortly after the arrest, which was for obstructing CFIA agents from performing their duties.

Later Tuesday night, the farm owners say they met with Secwepemc representatives over the land, which is within the Syilx Okanagan traditional territory. The Secwepemc Signatory Tribe, according to Pasitney, have declared the property on unceded land and have ordered a cease and desist to protect the animals and land.

The Syilx Okanagan Nation though does not take a position on the ostrich cull itself.

"As Syilx people, our collective mandate remains to uphold our responsibilities to the land, waters, and the native species that belong to our territory. This responsibility is grounded in our Syilx laws and declarations, which affirm our inherent role as caretakers of tmixw—the life force and all living beings within our homelands," the nation said in a Sept. 25 statement.

"We emphasize that our focus is on the health and protection of native species in Syilx Okanagan territory."

Then early Wednesday morning a fire broke out at the farm. The fire was contained to a wall of hay bails, which CFIA and RCMP built next to the ostrich pens on Tuesday.

RCMP served search warrants at the Edgewood farm Monday, Sept. 22 for the CFIA cull order.

"Due to the ongoing protest activity at the farm and increased tensions resulting from the various court proceedings over several months, the BC RCMP was requested to attend the farm by the CFIA to keep the peace and enforce the law while their agents conduct their lawful authority to search the property," according to BC RCMP communications services.

Pasitney is spokesperson for the farm and has been keeping the world in the loop on Facebook.

Vernon-Lake Country-Monashee MP Scott Anderson said his chief of staff was at the farm Monday and had the use of drones stopped as it was scaring the ostriches. That didn't stop supporters on Tuesday, who were using drones to check on the situation.

Anderson said they were working behind the scenes to get intervention.

The Morning Star has reached out to CFIA with no response for several days.

Animal Justice is again urging CFIA to rethink the cull and allow independent testing.

“We are deeply concerned about the fate of these ostriches, and question whether it makes sense to kill them so many months after avian flu was first detected,” said Camille Labchuk, lawyer and executive director of Animal Justice.

Meanwhile, a worker who is hired by the government in the animal and law enforcement sector is shedding some light on the situation. Their name has been withheld for fear of retribution and losing their job.

"We attend multiple calls every day for sick/injured/dead wildlife that have succumbed to different diseases – including avian bird flu strains," the worker told The Morning Star. "This disease has been confirmed via testing done through CFIA and universities to which carcasses have been sent.

"What I find hard to believe, and am confused about, is why the government (and specifically CFIA) is attending this address to cull all of the ostriches?"

Following the case since an avian flu outbreak was declared in December 2024, the worker has educated themselves on the situation through the court cases the farm has unsuccessfully filed to have the cull lifted.

The CFIA has a policy to cull any avian influenza-infected flock. The farm and supporters have been challenging that policy since the ostriches have proven to be resilient against the disease and are showing herd immunity. This is in contrast to flocks of, say, chickens, which are usually wiped out by the disease.

The farm also does not use the ostriches for meat; instead, the owners claim they are trying to use them for scientific research to fight such diseases.

"I work through the courts and so I understand disclosure, court proceedings and the unfortunate reality of how difficult it is to update old policies/laws that must be updated for the well-being of us all – and animals," said the worker. "Unfortunately, the reality is – it’s nearly impossible to update a municipal bylaw, let alone a federal policy, like the one CFIA is using against Universal Ostrich Farm.

"I can imagine how frustrating it would be to work for the CFIA today, knowing current testing was not done to prove there is even H5N1 at the Universal Ostrich Farm – I feel for those employees that are going home today, doubting if their government agency/employer is doing the right thing or not."

Unlike initial visits to the farm in January when CFIA agents were in hazmat suits, now the agents and RCMP are at the farm without any personal protective equipment. There are dozens of supporters who have been on and off the farm for months, and the farm owners.

"I know through my training that whenever we deal with any wild animal and its suspected avian bird flu is involved, we must wear PPE: including hazmat suits, boot covers, medical nitrile gloves and more," the government worker said.

"I have spoken to many of my colleagues – from different departments who work for the government as officers, scientists, people in the CFIA, and more who all say the same thing: we are gridlocked in doing what is right, because if we stand up for that – against old, outdated policies - we will lose our jobs. We have our own families to feed and take care of in an economy that is on the brink of collapse."

Pasitney and supporters at the farm have been shaming police officers on scene, saying they don't have to kill the ostriches and can walk away, either way, "your children and grandchildren will remember you for this."

So far, violence has been avoided as Pasitney is asking for peace, but emotions and tensions are rising in Edgewood and around the world.

"The RCMP would like to emphasize that the CFIA is the lead agency in this dispute," BC RCMP said. "We are committed to remaining impartial and are mindful of our roles and responsibilities to the public to keep the peace and be part of the solution."

Supporters and Pasitney have also been calling on businesses to stop supporting any actions at the farm. They managed to convince Sunbelt Rentals of Vernon to pull its equipment from the operation. A hotel in Vernon is reportedly no longer housing the RCMP. And now a fencing company and hay delivery outfit are being called to pull their resources.

"The people all across the country, across the world are waking up," said Dave Bilinski, who co-owns the farm with Espersen.

But there have also been reports of supporters going too far.

"The RCMP has also received complaints from businesses in the area of threats, intimidation and harassment due to the dispute," the police said. "We are investigating these incidents and will take steps to ensure that those who unlawfully interfere with or threaten the safety of any person or property may be held accountable in accordance with the laws of Canada," the police state.

For the government worker, knowing the cull is going to take place has made going to work difficult.

"I had hoped that the CFIA would at least offer new testing to the birds – especially given the fact that they hold antibodies that will help humans and animals in the future."

It's been more than nine months since the initial outbreak, when the ostriches were first tested. The farm and supporters have been calling for further testing, which has not taken place. 

"Are we protecting Canadians? Are we protecting the animals? It seems like we are doing the complete opposite of what science tells us to do," the worker said.

Bilinski adds, "It's sickening that they are going to come here and kill these healthy ostriches. 

"It will end when people wake up to the policies that are in place."

 



Jennifer Smith

About the Author: Jennifer Smith

20-year-Morning Star veteran
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