Canada’s top court has refused to hear an appeal to stop the controversial cull of hundreds of ostriches at a farm in British Columbia, leaving the farmers with few legal options to prevent it.
The cull was ordered by the Canadian Food Inspection Agency (CFIA) late last year after two birds tested positive with the avian flu, following an outbreak that killed dozens of the animals.
Universal Ostrich Farms has fought the order since, and the case has attracted international attention including from senior White House officials who have criticised it as an example of government overreach.
The Supreme Court of Canada’s decision means the cull can now legally go ahead.
It is unclear, however, if the farmers will try to pursue other avenues to save the birds, such as asking the federal government to reconsider the order.
In a statement following the Supreme Court dismissal on Thursday, the CFIA said it will be “moving forward” with the cull, but did not provide a timeline on when.
It added that it “expects the ostrich farm owners and supporters” to respect the legal decision.
Katie Pasitney, whose family owns the farm, reacted tearfully in a video posted on Facebook. “Shame on you Canada,” she said.
“Please pray for a miracle in the next hour for our family, for these animals outside,” she added.
The farmers have argued that the ostriches should be spared and used instead for scientific research, noting those that remain had survived the avian flu outbreak that killed 69 of the flock.
The CFIA, on the other hand, has said that the birds should be killed because their exposure to the flu poses a risk to wildlife and humans. They also dispute the claim that the surviving birds have developed immunity to the virus.
Lower courts have sided with the CFIA’s order to cull the birds.
The ostriches remain on the farm but have been under the custody of the food inspection agency since late September. More than 60 protesters had gathered at the farm early on Thursday morning as the Supreme Court released its decision.