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Katie Pasitney from Universal Ostrich Farms
Day 2 of the Judicial Review @ 701 West Georgia Street, Vancouver BC.
Katie provides an update from Federal Court, where the case of Universal Ostrich Farms against the Canadian Food Inspection Agency (CFIA) is underway.
Good morning everybody. Day Two in Vancouver and we just want to thank you for all your love and support, kind messages again. Thank you to everybody at the farm for being there, showing your support, and watching over our animals.
Please give us lots of prayers for today, that we have a really good rebuttal and please pray over the Department of Defence and the judge. Just pray over them for the most positive outcome, and that we do deserve the right to have policy to be changed.
This is a very drastic measure to take on all farms, is the stamping out policy. We’re not just stamping out these animals and viruses but we’re stamping out natural immunity. And if it doesn’t play a role in our judicial system, we can recognize that natural immunity plays a pivotal role in our ecosystem and how we care for our animals. If we don’t give some power back to the farmers who, where their hands have touched these animals, in our case for over 35 years, that our hands have touched all those animals for this long.
This all deserves a place in our judicial system and this should be a fair fight and fought with fairness.
We love you all very much, thank you for your continued love and support. Remember, if you’re able to, share and keep this discussion going, just keep your prayers with us today. We love you all very very much. Thanks for being there.
Courtroom Notes provided by Kari Simpson
🌟 Update #1
Court convened at 9:32. Justice Zinn began the hearing by raising troubling conduct experienced by staff from certain people attending the hearing.
Justice Zinn informed those attending that court staff were subject to “rude and racist comments.” Justice Zinn rightly chastised those responsible and informed those attending that the court maintains a polite and harassment free service.
(Writer’s comments- Judges as you can see, are vigilant and informed about what is transpiring in and out of the courtroom. Please conduct yourself in a manner that is helpful and allows the focus to remain on the important matter before the court.)
Justice Zinn then delved right into the case and raised concerns about the applicants failure to raise the issue of the Avian Flu pathogen being high or low transmission. He stated that the Respondent CFIA “quite rightly raised this issue as it was not an issue raised in the memorandum.”
The Ostrich farm lawyers assured Justice Zinn that they would address this in reply.
CFIA lawyer Jones then began her attack on the expert reports submitted in support of the ostrich farm.
🌟 Update #2
It is the role of opposing counsel to try to destroy the Applicant’s case. Tax payer funded, Dept of Justice lawyer Ms. Jones acting for CFIA has a tricky way of making untrue statements that seemingly undermine the Ostrich farm but then she adds a twist of truth. so shecreally isnt misleading the court but raising doubt. Here’s an example.
Lawyer Jones began her assault on the Ostrich farm experts right out of the gate. First target is highly respected scientists Dr. Stephen Pelech. First citing the test for what constitutes an expert report, relevance, necessity, absence of exclusionary rule…
Turning to Dr Pelech’s credentials Jones tries to pain a picture that Dr Pelech has no experience with animals, Then she says his only experience is with animals in a laboratory, then she states he has “no experience in animal health.” She uses these tactics to undermine 4 out of the 5 Ostrich farm experts.
🌟 Update #3
CFIA lawyer Saunders has taken over from his co counsel.
Saunders is trying to educate the judge on matters involving stamping out vs exempting specific epidemiological units. Weaving in the WHOA policies and procedures.
Clearly this line of submissions is to counter the fiasco involving the designating the farm as exempted due to the valuable and rare genetics and then 8 days later revoking that distinction.
🌟 Update #4
Morning break and then through to the lunch interesting discussion on CFIAs position on vaccination.
Lawyer Saunders advances CFIAs preference to combating Avian flu is through the stamping out policy, stating that CFIA vaccination policy is continually under review.
At 11:16 Saunders makes this bizarre declaration referring to cases where CFIA would vaccinate. He says, “I want to stress that is that it is for prevention of being infected. That’s what it’s being used for in the policy you don’t vaccinate after the infection for the same reason you wouldn’t get the flu shot after you’ve already got the flu shot for that year.”
(Writers comment- totally different claim the government made during COVID!)
Next discussion was on how WHOA protects trade, lots of time spent on this.
Judge interjects with a question about how zones are defined.
Saunders didn’t seem to understand his question and goes into a long winded response that didn’t answer the question.
Next issues involves exemptions and selective killing vs stamping out. Saunders claims Canadian Poultry associations support stamping out over selective killing because of trade implications but does cite any authority or letter.
Next Saunders refers to legal authorities that address issues of what is fair and reasonable.
Lunch break.
🌟 Update 5
1:35 pm – CFIA lawyer Jones is going thru the process CFIA followed to determine the need to kill all the ostriches.
At 1:42 ish lawyer Michael Carter informs the court that there is a problem with the zoom feed.
Judge addresses the problem with clerks, discussions take place as to continue or not. Justice Zinn, adds a much needed moment of levity to this very serious case and asks, “Maybe Trump imposed a tariff on zoom.”
Justice Zinn’s clever and perfectly delivered zinger was well received by those quietly trying not to laugh too loudly.
It is soon determined that the zoom is working for most and those who can’t connect should retry link.
Back to the submission by Ms Jones.
She starts at the time there was an anonymous call to the sick bird call line. Her account isn’t correct.
She spends a lot of time trying to prove that the CFIA acted in a fair and reasonable manner.
🌟 Update 6
CFIA lawyer is spending a lot of time trying to present a narrative that the farm owners were fully informed in understanding what information was required to be designated as having rare and valuable genetics.
Sparks flying in the court! Shortly after lawyer for CFIA concluded her submissions judge raised issues that have ignited some spirited submissions, happening now!
🌟 Update 7
Court time has been extended. CFIA lawyers took extra time leaving the Ostrich farm lawyers with less time for reply.
Lawyer Lee Turner has informed the court that he is not available to stay for an extended time.
Tension is high. Lawyer for CFIA keeps interrupting, lecture judge again that his job is not based of findings of fact but only whether CFIA acted in a reasonable and fair manner.
🌟 Update 8
Ostrich farm lawyer Lee Turner corrected the misinformation given to the court by CFIA lawyers.
Now Ostrich farm lawyer Michael Carter focusing on the deficiencies in the decision making by CFIA. The evidence proves they made decisions on incomplete information. Didn’t take into consideration the fact the older birds didn’t get sick.
Now reviewing with the court other case precedents that apply to what is irrational decision making. Court must review the reasonableness.
