Animal Justice is questioning the necessity of killing nearly 400 ostriches following Thursday's Federal Court of Appeal decision.
Universal Ostrich Farm in Edgewood is devastated that its herd must be destroyed following an avian influenza outbreak last year which the birds have since recovered from.
Animal Justice is also saddened by the news, which has left the farm waiting for the Canadian Food Inspection Agency (CFIA) to come.
"While we support science-based decision-making, particularly in matters of public health, we hope this moment prompts reflection and we again urge the CFIA to consider whether these killings are truly necessary given how much time has passed since the outbreak was identified late last year," said Camille Labchuk, lawyer and executive director at Animal Justice.
"The ostriches don鈥檛 deserve to die鈥攚hether by the hands of the CFIA, or by being slaughtered by Universal Ostrich farm for their meat. Ultimately, they are victims of a large-scale factory farming system that has allowed dangerous pathogens like avian influenza to spread and decimate birds trapped in the system. The widespread public concern over this case shows why the CFIA must reassess its disease control policies, especially in cases where animals appear to have recovered and transmission risks may be considered low."
Universal Ostrich lost a total of 69 birds, the last of which died Jan. 15, according to the court decision.
Instead, the ostriches developed herd immunity, the farm said.
The appeal decision notes this is the first case of CFIA's stamping out policy being used on ostriches.
"HPAI is not as lethal in ostriches, especially older birds, as in other domesticated flocks, like chickens or turkeys, where most will die of an infection. However, according to the CFIA's evidence, infection in ostriches raises particular risks. Exposed and infected ostriches may show no clinical signs of disease but yet be shedding the virus and act as a reservoir for the further spread of infection to people, livestock and wildlife. Moreover, ostriches may contribute genetic mutations to avian influenza viruses that increase its adaptability to mammals."
Yet, the farm owners have continued to interact with the ostriches and have not developed any symptoms themselves.
Universal Ostrich spokesperson Katie Pasitney, whose mom co-owns the farm, wrote a letter to Prime Minister Mark Carney seeking a Royal Prerogative of Mercy in the case.
"This is not about politics. It is about doing the right thing. It is about compassion where the law has failed to provide remedy. It is about protecting life when destruction serves no purpose but fear," her letter reads.
