The Supreme Court of Canada has granted a last-minute stay over the destruction of a flock of ostriches until the court mulls an application for leave to appeal. 

The Canadian Food Inspection Agency (CFIA) has been on the farm in B.C.’s Interior for days, preparing for the cull of nearly 400 birds. 

The high court’s document, supplied by the farm’s lawyer Umar Sheikh, says the order stays the enforcement of the CFIA’s “stamping-out policy” until the application for leave to appeal is dismissed or, if leave to appeal is granted, until the case is disposed of. 

The news came on the farm just as a crowd of people had gathered for a prayer, and supporters erupted in cheers when the farm’s spokeswoman, Katie Pasitney, announced the stay. 

Additionally, the B.C. RCMP reported a fire on the farm around 4 a.m. that emergency crews successfully extinguished on Wednesday.

“Upon arrival, bales of hay were found to be fully engulfed in flames and smoke. The fire crew was able to contain the fire after several hours. The cause of the fire is currently under investigation, which is believed to be suspicious,” said the RCMP in a press release.

Police remain on the scene and on the farm as well, at the request of the CFIA.

The farm’s co-owner, Karen Espersen, says the news made her feel numb, but overjoyed, and that she wanted to run and hug the birds.

The cull order was made shortly after avian flu was detected in the flock last December, and nearly 70 animals died, but the farm has been fighting the destruction of the animals in court and on social media since then.

With files from Jan Schuermann.