Ostrich Farm Sues Government Over Lost Pill Business

Legal Battle Over Avian Flu Cull

Universal Ostrich Farms, located in Edgewood, British Columbia, has initiated a lawsuit against the federal government, the Canadian Food Inspection Agency (CFIA), and the RCMP. The legal action follows a controversial cull operation that resulted in the death of hundreds of ostriches on the property. Central to the lawsuit is the claim that the government’s actions caused the total loss of a burgeoning business venture. The farm owners assert that they were on the verge of launching a commercial dietary supplement and pill product derived from ostrich eggs.

According to the legal filings, the CFIA seized 1,200 ostrich eggs during the operation. The plaintiffs argue that this seizure was unlawful and irreversibly destroyed a business venture with projected revenues exceeding $200 million. The lawsuit seeks significant damages for the loss of this potential market launch, claiming the government’s intervention halted the commercialization of the supplement at a critical juncture.

Allegations Of Misconduct And Cruelty

The lawsuit, filed in Vernon on October 30, includes several allegations regarding the conduct of the officials involved. Landco Ventures, the owner of the property leased to Universal Ostrich Farms, is also named as a plaintiff. The claim asserts that CFIA staff and other officials trespassed on the land, arguing that the warrants served provided no legal, moral, or statutory right to occupy the property. Specifically, the claim notes that warrants were served to Katie Pasitney, the daughter of co-owner Karen Espersen, despite Pasitney not being an owner or shareholder of the farm.

Beyond the property disputes, the lawsuit alleges that CFIA staff either engaged in or permitted acts of cruelty while dealing with the flock of more than 300 ostriches. The farmers had previously engaged in a protracted legal and social media campaign to save the birds. This effort drew significant public attention, including protesters who camped on the property to oppose the cull order.

Discrepancies In Bird Counts And Compensation

Another point of contention in the lawsuit involves the number of birds destroyed and the subsequent compensation offered. The farm claims that there were 351 ostriches on the property at the time the warrants were served. However, the lawsuit alleges that the government only offered compensation for the destruction of 314 birds. The plaintiffs state that no explanation has been provided regarding the fate of the remaining 37 missing birds.

The CFIA has maintained that the cull, carried out by marksmen, was a necessary response to an outbreak of avian influenza. The agency stated that ostriches on the farm had tested positive for the virus approximately 11 months prior to the operation. Despite the farmers’ efforts to block the cull through the court system, the Supreme Court of Canada ultimately declined to hear their final appeal, which cleared the way for the CFIA to proceed with the operation last year.

In response to the lawsuit, the RCMP stated they are aware of the claim but noted it would be inappropriate to comment while the court process is ongoing. The agency indicated that the Department of Justice will review the claim once served, after which a statement of defense will be issued. The CFIA did not immediately provide a response to requests for comment regarding the specific allegations of cruelty or the missing birds.

The claims presented in the lawsuit have not yet been tested in court. The case highlights the tension between government biosecurity measures intended to stop the spread of avian flu and the economic interests of private agricultural enterprises. The outcome will likely depend on whether the court finds the seizure of the eggs and the execution of the cull warrants to be within the legal authority of the federal agencies involved.