A federal court of appeal judgment will take some time to come forth in the matter of Universal Ostrich Farms versus the Canadian Food Inspection Agency (CFIA).
Three judges heard arguments from lawyers from both parties in Ottawa Tuesday, July 15.
The Edgewood ostrich farm is challenging the CFIA order to kill its large flock, which was upheld by federal court in April.
"The case was really well argued and well served by the lawyers," one of three presiding judges concluded, adding they will try to be quick in their decision. "We are going to take this decision on reserve and issue something in writing."
Both parties were also asked to get back to the court Monday on costs sought following a joint meeting ahead of a decision.
The CFIA is seeking $7,000 in costs, while Universal Ostrich did not have an amount at the time.
Farm owner Karen Espersen could be seen clutching her daughter's hand listening to the appeal arguments.
Her daughter, and farm spokesperson, Katie Pasitney, was observed scrolling and typing on her cell phone, checking in on supporters' well wishes.
The farm argues that a cull order was made based on only two tests for the highly pathogenic avian influenza (HPAI) following an outbreak at the farm in January which the nearly 400 large birds have since recovered from.
"182 days beautiful healthy incredible ostriches," Pasitney said ahead of the appeal.
The CFIA argues that when agents visited the farm after 25 birds died over three weeks, they had grounds to issue the cull order.
The stamping out policy was also debated, which "in CFIA's view it is the best option for managing HPAI outbreaks," the agency's lawyer said. "It's reasonable...Given the context, given the policy and given the circumstances in this case."
The lawyer also mentioned that an "absence of infection must be demonstrated for the past 12 months."
It's unknown if Universal Ostrich will be given the chance to prove that absence as the matter rests in the judges' hands.
"Our animals deserve the right to have organizations that protect not attack," Pasitney said. "To acknowledge their own mandate where science and innovation hold a place. Science is meant to evolve and so is policy."
