The cull of over 400 ostriches on a B.C. farm will go ahead, according to a new court ruling.
Universal Ostrich Farm in Edgewood has been in an ongoing battle with the Canadian Food Inspection Agency (CFIA) ever since it ordered the cull of the birds in December of last year following the deaths of 69 birds and two positive PCR tests for H5N1.
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The farm appealed the CFIA’s order and the cull was delayed, but that appeal was unanimously denied Thursday.
Court draws attention to biosecurity risks
The spread of highly-pathogenic avian influenza has been a major cause for concern in Canadian agriculture. The court decision noted this, saying the “stamping-out” policy is recognized as the only viable option when exposure to the virus is detected.
In June, a Canada Research Chair in Communicable Disease Epidemiology told AgCanada any number of positive samples of avian influenza lead to extreme caution.
The court drew attention to several biosecurity risks, including Universal’s failure to disclose the 2024 outbreak and to reduce the risk of transmission.
The decision expressed the court’s sympathy and consideration for the farm while asserting the necessity of the cull.
“We recognize that our decision might lead to the death of over 400 ostriches owned by the appellant (Universal Ostrich), an outcome that would doubtless be very difficult, both financially and emotionally, for the appellant’s principals,” the decision read. “While we have considerable sympathy for them, the law we are bound to apply inevitably leads to the conclusion that this appeal must be dismissed.”
Case drew international attention
The case drew widespread attention, including protests in support of the farm’s appeal.
The farm claimed the birds had developed herd immunity and should be studied to help fight avian flu and contribute to antibody research. According to a CFIA’s statement, the farm has not substantiated their claims of on-farm research and provided no research documentation during a request for exemption from the disposal order.
The case gained international traction as well. U.S. Secretary for Health and Human Services Robert F. Kennedy Jr. sent an open letter to the CFIA asking them to reconsider the cull. Dr. Mehmet Oz offered to house the birds in Florida, which the farm’s owners reportedly declined.
John A. Catsimatidis, a Republican businessman and talk show host who is also CEO of the Red Apple Group conglomerate in the eastern U.S., offered to fund Universal Ostrich Farm’s legal battle in Canada’s Federal Court of Appeal.
