The Federal Court of Appeal has rejected a request for a stay to halt the culling of approximately 400 ostriches at a farm in British Columbia due to an avian influenza outbreak. The decision paves the way for the planned slaughter to proceed, following an earlier temporary halt granted to the farm to make legal arguments.
Universal Ostrich Farms’ spokesperson, Katie Pasitney, disclosed that the Canadian Food Inspection Agency mandated the cull on December 31, 2024, after an avian flu outbreak claimed the lives of 69 ostriches. Pasitney, whose family co-owns the farm, expressed concerns about the fate of the healthy ostriches facing an impending cull.
Despite legal efforts by the farm to challenge the culling order, including unsuccessful appeals in both the Federal Court and the Federal Court of Appeal, a Supreme Court challenge was sought. The CFIA cites ongoing risks posed by the ostrich flock’s conditions, while the farm argues for the animals’ health and scientific value due to acquired “herd immunity.”
The farm’s plight has garnered support, with individuals staging protests and events to raise awareness. The Appeal Court’s decision to deny the stay request was based on the farm’s response to CFIA submissions and the agency’s assertion of a more lethal strain of the avian flu virus affecting the ostriches.