A B.C. ostrich farm appeals CFIA’s cull order tied to avian flu. Federal court reserves decision amid debate over policy, testing, and farmer rights.
Federal Court Reserves Ruling in B.C. Ostrich Farm Cull Case
A Federal Court of Appeal panel in Ottawa has reserved its decision on whether a British Columbia ostrich farm must cull over 400 birds due to avian flu concerns. The controversial case, heard on Tuesday, pits public health policy against small farm survival and has gained international attention.
Farm Challenges Blanket Cull Policy
Universal Ostrich, based in Edgewood, B.C., is challenging a Canadian Food Inspection Agency (CFIA) directive issued last December to euthanize its entire herd after two birds tested positive for highly pathogenic avian influenza. The CFIA’s “stamping-out” policy mandates the destruction of all birds on infected premises to prevent viral spread.
Lawyer Umar Sheikh, representing the farm, argued that the policy was applied rigidly and without consideration for the farm’s specific situation. Only two out of 69 initial bird deaths were confirmed to be avian flu cases, and no new infections have occurred since, he said. “Why 100 per cent destruction for 0.5 per cent confirmed infection?” Sheikh questioned.
CFIA Defends Scientific Grounds for Culling
CFIA counsel Aileen Jones maintained that the agency followed standard protocol in accordance with public health risk assessments. She cited the detection of a novel flu strain and explained that the majority of bird carcasses were untestable due to decomposition. Jones added that the farm is effectively trying to re-argue points already settled by a Federal Court ruling in May that upheld the CFIA’s actions.
Farmers, Advocates Call for Reform
Katie Pasitney, whose family owns Universal Ostrich, attended the hearing alongside a small group of supporters. “We’re not backing down,” she told reporters outside court. “This is a fight for all Canadians, a fight for small farmers.” Pasitney said the farm wants to work with the CFIA to test the birds and explore their resistance to reinfection, rather than proceed with mass euthanasia.
The farm’s stance has drawn support from high-profile U.S. figures including Robert F. Kennedy Jr., Dr. Mehmet Oz, and businessman John Catsimatidis. Pasitney confirmed letters had been sent to Prime Minister Mark Carney and said even former U.S. President Donald Trump was made aware of the case.
Risk of Shutdown Looms Over Decades-Old Farm
Universal Ostrich warns that losing the herd would force the closure of its three-decade-old operation. Pasitney and her mother, Karen Espersen, say they are prepared to pursue further advocacy regardless of the court’s ruling. “We need to restore trust in institutions like the CFIA and protect Canada’s agricultural future,” Pasitney said.
Judges Promise Swift Decision
Justice Mary Gleason, one of three judges on the appeal panel, noted the urgency of the matter but did not indicate when a decision would be issued. The cull remains on hold until a final ruling is delivered.
As small farms increasingly challenge federal policies, the outcome of this case could set a precedent for how Canada balances biosecurity with agricultural rights.
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