Photo: Katie Pasitney

The fate of 400 ostriches will be decided anytime between April 17 and April 22.

The two-day judicial hearing between Universal Ostrich Farms Inc. and the Canadian Food Inspection Agency (CFIA) concluded on Wednesday, and a decision on the fate of 400 birds is expected to be made anytime between now and April 22.

The legal proceedings started on Dec. 31, when the CFIA issued a notice ordering the culling of the farm’s 400 ostriches following an avian flu outbreak.

During the first day of the hearings, the lawyer representing the farmers addressed the court. Michael Carter detailed the correspondence between the farm and the CFIA leading up to the hearing. He argued the CFIA failed to follow its policies and that the government agency failed to properly address the new emerging variant of avian flu.

Carter added that the CFIA’s definition of poultry should not include the farm's ostriches and did not fall under the agency's guidelines. Referring to the Dec. 31 notice issued by the CFIA, Carter argued that the government didn't have enough proof at the time and that the decision was “fatally flawed.”

Another lawyer representing the farm, Lee Turner, argued that the CFIA had failed to meet the required responsibilities for testing, monitoring and research. They went on to say the CFIA failed to consider antibody research being offered by other medical professionals.

Carter concluded by speaking about the farmers 35-year dedication to the farm.

"These animals have names," he said "They're pets."

During the second day of the hearing, the CFIA argued that a doctor's testimony submitted by the farm, which argued the birds had herd immunity and shouldn't be culled, should be struck from the record and deemed "inadmissible."

The CFIA said their main concerns pertain to the new-found strain of avian flu. They said that even if the majority of the birds appear healthy, they can still harbour the disease and spread it to other migratory birds.

The government also expressed concerns surrounding reports of increased mammal-to-human transmission. Lawyers cited a case where a B.C. teen was hospitalized after they were believed to be the first person to be infected with avian flu (H5N1) in Canada. The teen has since recovered.

The judge assured the courts that each side would be provided an equal amount of time to state their case, but farm owner Katie Pasitney claims that didn't happen.

"We didn't get an appropriate amount of time, we agreed it was going to be 50-50, and it didn't end up that way," she said. "They did it on purpose."

The judge was expected to make a decision by the end of the day on Thursday. Due to the upcoming long-weekend, the latest time a decision will be announced is April 22.

"We're prepared for the worst cases scenario and we're prepared for the best cases scenario," said Pasitney.