Appeal to stop ostrich cull dismissed by Canada's top court

Canada's top court has refused to hear an appeal to stop the 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 for 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.

• Ostriches facing cull at Canada farm find unexpected allies

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.

The legal battle has also attracted support from US Health Secretary Robert F Kennedy Jr, who met with CFIA officials in May to ask that the agency study the birds instead.

Dr Mehmet Oz, the administrator for the US Centers for Medicare & Medicaid Services, offered to re-home the birds on his Florida ranch.

Another supporter has been New York grocery billionaire John Catsimadtidis, who has spoken frequently about the plight of the ostriches on his radio show and revealed he was helping to fund the farm's legal battle.