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The Supreme Court of Canada has dismissed an application for leave to appeal from the judgment of the Federal Court of Appeal regarding Universal Ostrich Farms Inc. Vs. Canadian Food Inspection Agency.

This means there is no longer any legal impediment to the cull of the ostriches.

The court made the announcement on its website without explanation, which is typical.

There are plenty of RCMP officers at the farm this morning. So, what’s the police’s role in this?

After several visits, the RCMP established a presence at the farm in September, when the CFIA took control of the property.

Throughout, officers have emphasized that their role is simply to uphold the law and maintain safety, and that any decisions about how to handle a cull is up to the CFIA.

There have been four arrests at the farm that we know of: co-owner Karen Espersen and spokesperson Katie Pasitney were removed from the property shortly after the CFIA took control, and another man was removed in October for breaching the CFIA perimeter.

A fourth arrest was made in September after an alleged arson attempt and assault at a neighbouring property. The farm immediately condemned the attack and urged non-violence.

When Universal challenged the CFIA’s cull order in federal court this May, it called on three experts who argued that the “stamping-out” policy wasn’t required in this case because the ostriches should be treated differently from other poultry.

That’s because the ostriches have a longer lifespan (three to five decades) and live in less densely populated conditions than most poultry, argued the trio: Steven Pelech, a UBC professor and biochemist; Byram Brindle, an immunologist at the University of Guelph; and Jeff Wilson, a former senior epidemiologist and manager at the Public Health Agency of Canada.

But the judge’s decision noted that, to date, there has been only one exemption granted for this policy during the ongoing H5N1 outbreak: a March 2022 decision at a turkey production facility.

In that case, the CFIA ordered the destruction of only some of the birds because the farm was able to show it had completely separated the infected birds from the rest of the flock using multiple biosecurity measures.

Avian flu is a respiratory illness mainly found in birds that can spread quickly if not contained.

It can be transmitted to mammals as well, including wild animals, livestock and even humans — as evidenced by a case in B.C. Last year where a teenager was diagnosed with the H5N1 subtype.

The Public Health Agency of Canada says the risk to the general public remains low, but pandemic researchers worry avian flu could mutate into a widespread human illness.

The CFIA takes preventing the spread of avian flu seriously in order to keep humans and animals safe — and to protect Canada’s $6.8-billion poultry industry.

That includes requiring farmers to report if they suspect their poultry or livestock have avian flu, and employing the “stamping out” policy that requires all animals in a flock to be killed if even just one tests positive.

Several politicians, including B.C. Premier David Eby, have expressed frustration that the CFIA hasn’t been more flexible on this case.

"We understand the importance of containing the bird flu and the important role that agency plays," Eby said at an unrelated news conference in May. "What's hard to watch is a lack of discretion and ability to evaluate case-by-case scenarios."

Conservative MP Scott Anderson, who represents the riding of Vernon-Lake Country-Monashee where the farm is located, also asked the agency to “hold off” on the cull, saying the CFIA order had caused widespread fear in the animal husbandry industry.

Last month, Health Minister Marjorie Michel, who oversees the CFIA, said she was concerned about the situation at the farm but wouldn’t comment further since it’s now a court matter.

Conservative Leader Pierre Poilievre pointed the finger at the Liberal government for mismanaging the situation, but avoided commenting on whether or not he supports the farm.

Meanwhile, Green Party Leader Elizabeth May said she had written to the health minister in January asking for the ostriches to be retested, but added that the politics surrounding the farm had made her "sympathize with the ostriches less."

Hi everyone, this is Sarah Petz, I’m a writer with the live pages team in Toronto.

Back in May, the farm found support from some high-profile U.S. Officials and a prominent billionaire.

Former TV host Dr. Mehmet Oz, now the administrator for the U.S. Centers for Medicare and Medicaid Services, offered to relocate the birds to his Florida ranch, although the offer was declined by the farm’s owners.

That came after U.S. Health Secretary Robert F. Kennedy Jr. Urged the CFIA to reconsider the cull, arguing the birds could be studied instead.

American billionaire John Catsimatidis has also publicly urged Canadian officials to allow the ostriches to live.

This is my second time at the farm. The sun is starting to rise here and more supporters are starting to wake up. We were told about 60 of them had dinner together here last night.

The ostrich farm is in Edgewood, a remote community in B.C.’s mountainous West Kootenay region. It's only 100 kilometres east of Kelowna as the crow flies, but it's a 185-kilometre drive that takes you north, east and then south again — with a lot of curves and ups and downs.

Cell coverage, once you get there, is pretty patchy.

Access to the farm is via a one-lane country road. As we headed to the property on the highway early this morning, we passed an RCMP checkpoint.

There were also several RCMP officers staying at the same hotel as us and they made their way to the farm in a convoy of about 14 vehicles, travelling in front of one of my colleagues.

Universal has asked supporters to be present at the farm for the SCC decision. On Wednesday, my Radio-Canada colleague Benoît Ferradini estimated a few dozen were already outside the property, sheltering from the rain.

They included a couple who identified themselves as Steven and Deanna, who said they had driven here from B.C.’s Lower Mainland — around five hours away.

“This whole situation has blossomed into something that is beyond belief,” Steven told Benoît. €œNo family should have to endure what this family has had to.”

Despite its remote location, the farm has attracted hundreds of supporters over the past year, some of whom have camped out at the site.

CFIA officials are also there, within the property, after the federal agency took control of the farm and the ostriches earlier this fall.

Several RCMP units are also present to support the CFIA, with Benoît estimating around 10-15 vehicles at the site on Wednesday. A similar number were spotted today.

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