Ostrich Farm Takes Legal Fight Higher
A B.C. ostrich farm is preparing to bring its battle against an avian flu cull to the Supreme Court of Canada. Universal Ostrich Farms hopes the country’s top court will review its case and halt the destruction of nearly 400 birds ordered by the Canadian Food Inspection Agency (CFIA).
Farm spokesperson Katie Pasitney said the decision to push forward comes after the Federal Court of Appeal upheld a ruling allowing the cull to move ahead. Despite setbacks, she emphasized the farm’s determination to fight for its flock.
Court Rulings and the Open Cull Order
The CFIA originally ordered the slaughter on December 31, 2024, during an outbreak of H5N1 avian flu that killed 69 ostriches. Since then, the farm has challenged the order in both Federal Court and the Federal Court of Appeal, losing at each stage.
Friday’s ruling from Justice Gerald Heckman confirmed that the cull could proceed, leaving what Pasitney described as an “open cull order.” The farm now faces an urgent deadline to file its Supreme Court appeal by October 3.
Community Support and Farm’s Stance
On Saturday morning, about 20 supporters gathered outside the farm in Edgewood, B.C., to show solidarity. Pasitney said the group remains united, offering encouragement and strength as they continue resisting the cull.
“We believe these animals shouldn’t die,” she explained, adding that the birds are healthy and have developed what the farm calls “herd immunity.” She stressed that the health of the ostriches is central to the fight.
Judges Show Sympathy but Uphold Law
While Heckman noted that the farm received a full opportunity to challenge the order, he also expressed empathy. “Judges don’t have hearts of stone,” he said, but argued that the farm failed to show greater harm than the risks posed to the public.
The CFIA maintains that the ostriches and their conditions pose ongoing threats, and that swift action is needed to protect both animals and people.
Wider Attention and Calls for Alternatives
The case has drawn attention beyond Canada. Critics of government overreach and even figures linked to the U.S. administration of Donald Trump have voiced support for sparing the birds. U.S. health secretary Robert F. Kennedy, Jr. has called for the ostriches to be studied rather than destroyed.
Pasitney noted that this option remains open, but said she has not heard from CFIA or the federal Ministry of Agriculture and Agri-Food since Friday’s ruling. The farm is now preparing its Supreme Court application “immediately,” hoping the highest court will allow all evidence to be heard.
What Comes Next?
As the deadline approaches, the future of the ostriches remains uncertain. The outcome could shape not only the farm’s fate but also broader debates on how Canada balances animal health, public safety, and government authority.
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