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Supporters of Universal Ostrich Farms stand near ostriches at the farm’s property in Edgewood, B.C., on Saturday.AARON HEMENS/The Canadian Press

The owners of a remote B.C. ranch where federal authorities have ordered 400 ostriches to be destroyed are sleeping alongside the birds in their pen, in an effort to ward off enforcement as they pursue another legal challenge.

Karen Espersen and Dave Bilinski, owners of Universal Ostrich Farm in Edgewood, in southeast British Columbia, say they are working to appeal a May 13 Federal Court decision that upheld a Dec. 31 cull order from the Canadian Food Inspection Agency over fears of the spread of avian flu. The owners said they will be seeking a stay order.

The CFIA has said that the cull is necessary to protect both animal and human health, and that the “humane depopulation and disposal” of the birds will proceed, without publicly revealing when or how.

The ostrich owners have mounted an emotional plea to save their beasts, birds that have a lifespan of up to 75 years. Ms. Espersen and Mr. Bilinski have been tending to the flock as part of bioscience research conducted by scientists in the U.S. and Japan, for which they’ve garnered widespread attention.

MPs and MLAs have visited the site. Dozens of supporters are camping out at the ranch and various right-wing figures have taken up the cause, decrying government overreach. A reporter with the right-wing outlet Rebel News is fundraising online to extend her stay at the farm.

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Carrie Lee is one of dozens of supporters who are camping out at the ranch in Edgewood.AARON HEMENS/The Canadian Press

U.S. Health Secretary Robert F. Kennedy Jr. has called the cull a “huge mistake,” telling U.S. radio talk show host John Catsimatidis that “we should not be killing them; we should be studying them.”

On Wednesday morning, B.C. RCMP liaison officers arrived at the farm, telling the owners and their supporters they were there only to talk. Police liaison teams are responsible for outreach efforts to various interest groups to ensure that protests and demonstrations are executed safely and lawfully.

Multiple livestreams show Ms. Espersen’s daughter, Katie Pasitney, tearfully telling the officers that the CFIA said members would be coming without notice and didn’t provide details on how the cull would be executed.

“I know you guys can only do what you can do, but I just hope it’s not going to be like this, and we see your faces, that are local, and then them coming,” Ms. Pasitney said, pleading for advance warning so they could make an effort to protect their birds.

The officers expressed sympathy in an interaction livestreamed by supporters at the farm, with one saying they would do their best to communicate plans. If enforcement does take place, the officers want to make sure it happens in a peaceful manner, the officer said.

The birds were slated to be destroyed in January after a virulent strain of avian flu, known as H5N1, was discovered in the flock late in December. In all, 69 of their birds – about 10 per cent of the herd – have died from H5N1 since Dec. 26. But the sick have recovered, and Ms. Espersen believes the rest have acquired herd immunity. Their last death was Jan. 19.

Federal judge says cull of 400 ostriches at B.C. farm hit by avian flu can proceed

The CFIA did not respond to questions from The Globe and Mail by deadline. The agency has said that allowing a domestic poultry flock known to be exposed to the virus to remain alive allows a potential source of the virus to persist.

In a May 14 statement, the agency said leaving the ostriches alive would increase the possibility of mutation, particularly with birds raised in open pasture where there is ongoing exposure to wildlife.

The owners of the farm, who sought the judicial review, noted that the Federal Court judge could only decide whether the CFIA’s decisions were reasonable and procedurally fair based on the same information that the agency had at the time of those decisions – Jan. 10 being the latest.

“That means the current health of our animals – the current health of our 400 healthy animals, any new test results, any recovery or scientific data – none of it could be considered,” Ms. Pasitney told a Regional District of Central Kootenay board meeting on May 15.

The board passed a motion to refuse acceptance of the carcasses at any landfill pending further testing from the CFIA.

The federal court decision noted that the owners could be compensated for up to $3,000 per ostrich under the Health of Animals Act, but that payment is contingent on compliance with CFIA directives.

When the police officers approached the ostrich pen to speak to Ms. Espersen and Mr. Bilinski on Wednesday, the pair were politely defiant.

“We aren’t going anywhere, because they can’t shoot if we’re in here,” Ms. Espersen said.

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