B.C. Ostrich Cull to Proceed as Court Rejects Farm's Appeal Against Avian Flu Order

B.C. Ostrich Cull to Proceed as Court Rejects Farm's Appeal Against Avian Flu Order

B.C. ostrich farm loses appeal, faces cull over avian flu fears. Legal battle highlights tensions over government orders.


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Based on coverage from CBC, Global, and Rocky Mountain Outlook.

In a saga that has captured the attention of both local farmers and international observers, a British Columbia ostrich farm is facing the grim reality of a court-ordered cull of its flock due to an avian flu outbreak. The Federal Court of Appeal has denied Universal Ostrich Farms' latest bid to delay the slaughter of approximately 400 ostriches, marking another chapter in a legal battle that has seen the farm's owners and supporters rally against what they perceive as government overreach.

The Canadian Food Inspection Agency (CFIA) initially ordered the cull on December 31, 2024, after an outbreak of the H5N1 avian flu resulted in the death of 69 ostriches at the farm. The CFIA's decision was based on concerns about the ongoing risk posed by the flock and the conditions in which they are kept. However, the farm's owners argue that the birds are now healthy and have developed herd immunity, making them scientifically valuable.

Katie Pasitney, spokesperson for the farm and daughter of one of the co-owners, expressed disappointment in a Facebook video following the court's decision. She noted that the interim stay granted last weekend, which temporarily halted the cull, "no longer exists." The farm had hoped to use this time to make further legal submissions, including a potential challenge at the Supreme Court of Canada.

The CFIA's stance is backed by new findings from Canada's National Microbiology Laboratory, which identified a "novel reassortment" of the virus at the farm. Dr. Cathy Furness, a CFIA official, stated that this strain is "among the most virulent" tested, with even low doses proving lethal to mice. Despite these findings, the CFIA admitted uncertainty about whether the ostriches remain infected or could become infected again.

The farm's plight has attracted a diverse array of supporters, including those concerned about government intervention and even members of the U.S. administration under President Donald Trump. Robert F. Kennedy Jr., Trump's health secretary, has publicly advocated for sparing the birds, suggesting they should be studied instead.

Supporters have been actively gathering at the farm, organizing events like music concerts to draw attention to the case. Pasitney has called for more supporters to join them, emphasizing the need for peaceful protest. "We need cameras, and we need bodies," she urged in her video message.

Justice Gerald Heckman, who presided over the appeal, acknowledged the emotional and financial toll on the farm's owners but ultimately ruled that the CFIA must be allowed to carry out its mandate. He noted that the farm had been given ample opportunity to challenge the cull's legality but had not succeeded in establishing a "serious or arguable issue" for the Supreme Court to consider.

While the farm's legal avenues appear to be narrowing, Pasitney indicated that they are still exploring options, including a formal petition to the Minister of Agriculture to rescind the cull order. As the situation unfolds, the farm remains a focal point for debates on public health, animal rights, and the limits of governmental authority.

For now, the fate of the ostriches hangs in the balance, with no clear indication of when the cull might proceed. As the farm continues its fight, the story serves as a poignant reminder of the complex interplay between science, law, and the human-animal bond.

Source 1 | Source 2 | Source 3


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