New York billionaire prepared to fund B.C. ostrich farm's legal battle against forced cull

A New York billionaire is intent on saving hundreds of B.C. ostriches from being slaughtered based on an order from the Canadian Food Inspection Agency (CFIA), believing they are crucial to medical research into immunity and treatment of viruses.

Red Apple Group founder, John Catsimatidis, told the Daily Mail earlier this month he is ‘outraged’ at what is happening and that he is prepared to fund Universal Ostrich Farm’s ongoing legal battle.

Last December, the CFIA ordered the farm’s flock of 400 birds be culled. It also fined the farm’s owners after 69 birds died on the farm from avian flu in December and January.

The farm took its dispute with government officials to the Federal Court last spring. The court upheld the CFIA’s cull order , deeming it necessary in the ongoing battle against avian flu.

The farm then appealed to the Federal of Appeal, which in July reserved its decision until a later date. However, it issued a stay of the cull while it reviews the lower court’s decision.

The farm says it will take its fight to the Supreme Court of Canada if necessary.

The farm had also asked for an order permitting it to conduct diagnostic tests on the birds and to suspend any directives from the food inspection agency prohibiting such tests, but the FCA judge denied both requests without explanation.

Meanwhile, it set up a website aimed at rallying support, while also asking for donations to its legal fund. Supporters surrounded the farm as a human shield at one point, following the lower court decision.

Despite these efforts, however, euthanizing infected flocks is widely recognized as the best defence against the spread of avian flu.

The nine-foot tall birds, which are native to Africa, became a passion project for Catsimatidis after he heard about Katie Pasitney, the daughter of the farm’s owners and her  campaign to save the animals.

Catsimatidis recruited Dr. Mehmet Oz, the head of U.S. Medicare and Medicaid, as well as Robert Kennedy Jr., U.S. health secretary, to help with his mission.

The battle over the birds began in mid-December when 69 ostriches are believed to have died from the H5N1 virus, or bird flu. Pasitney insists someone made an anonymous call to the Canadian Food Inspection Agency claiming that the birds had avian flu.

After the deaths, CFIA officials visited the farm and tested two dead birds. After the results came back positive for the H5N1, the farm was put under quarantine. Then the CFIA ordered a cull of the entire herd, part of its efforts to “stamp out” the disease, which has led to more than eight million birds being infected in B.C.

Pasitney argues more of the birds should be tested before moving ahead with an outright cull. She says there have been no more deaths and says the farm continues to do business.

“When we asked them (CFIA) to test our healthy animals they denied us that right. We have been fighting with them for seven months,” she said.

Pasitney is thankful for Catsimatidis’s efforts. “We developed a relationship over saving animals,” she said. “If I didn’t have this strength and support and his voice I don’t know if we would still be here.”

• Ostriches at B.C. farm have version of avian flu not seen elsewhere in Canada: CFIA
• FIRST READING: U.S. gets involved with anti-government standoff at B.C. ostrich farm

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