The Federal Court of Appeal has dismissed a request for a further stay order to postpone the culling of approximately 400 ostriches at a farm in British Columbia due to an outbreak of avian influenza. This decision lifts a legal barrier against the slaughter moving forward.
Universal Ostrich Farms’ spokesperson, Katie Pasitney, announced that the previous interim stay, granted to allow the farm in Edgewood, B.C., time to present legal arguments, is no longer in effect following the recent ruling.
The Canadian Food Inspection Agency (CFIA) mandated the cull on December 31, 2024, amid an H5N1 avian flu outbreak that resulted in the death of 69 ostriches.
Pasitney, whose mother is a co-owner of the farm, expressed uncertainty about the next steps in a Facebook video, as they are now facing an imminent cull order.
Despite ongoing efforts by the farm to challenge the cull order, both the Federal Court and the Federal Court of Appeal ruled against them. The farm had been seeking another stay to contest the decision at the Supreme Court of Canada.
The CFIA has highlighted continued risks associated with the ostrich flock and their living conditions, while the farmers argue that the birds are in good health. They also claim that the birds have developed herd immunity, making them scientifically valuable.
The farm’s situation has attracted attention from individuals concerned about governmental intervention and the U.S. administration under President Donald Trump. Health Secretary Robert F. Kennedy Jr. has advocated for the birds to be spared and studied.
Supporters of the farm have been demonstrating on the property, organizing music concerts and other events to raise awareness about the case. Pasitney urged supporters to gather peacefully without resorting to violence.
The Appeal Court, in rejecting the stay application, stated that Justice Gerald Heckman disregarded affidavits submitted by the farm in response to the CFIA’s arguments, citing adherence to court regulations.
Recent CFIA submissions included an affidavit from Canada’s deputy chief veterinarian, Dr. Cathy Furness, confirming that the ostriches had been infected with a distinct and more lethal strain of avian influenza. This strain was identified as one of the most virulent strains tested at Canada’s National Microbiology Laboratory, capable of causing swift mortality in mice even at low doses.
However, Furness noted that the CFIA could not determine the likelihood of the remaining ostriches at the farm being infected or becoming infected in the future.
