The Federal Court of Appeal has dismissed a request for a further stay order to postpone the culling of approximately 400 ostriches at a farm in British Columbia due to an avian flu outbreak. This decision clears the way for the slaughter to proceed as planned.
Universal Ostrich Farms’ spokesperson, Katie Pasitney, disclosed that the interim stay granted earlier to allow the farm to present legal arguments has been revoked following the recent ruling.
The Canadian Food Inspection Agency (CFIA) mandated the cull on December 31, 2024, after an avian flu outbreak resulted in the death of 69 ostriches.
While Pasitney, whose mother is a co-owner of the farm, expressed uncertainties about the next steps in a Facebook video, the farm has persistently contested the cull order. Despite its efforts, the farm lost its legal battles in both the Federal Court and the Federal Court of Appeal.
The CFIA has highlighted ongoing risks associated with the ostrich flock and their living conditions, whereas the farm owners argue that the birds are in good health. They assert that the ostriches have developed herd immunity, making them scientifically valuable.
The farm’s plight has attracted attention from individuals concerned about governmental authority and notable figures such as Robert F. Kennedy Jr., who has advocated for sparing the ostriches for further study.
In a bid to raise awareness, supporters of the farm have been staging events and gatherings on the property. Pasitney has urged supporters to join them peacefully, emphasizing the need for cameras and additional participants.
The Appeal Court’s decision to reject the stay application was based on Justice Gerald Heckman’s dismissal of the farm’s affidavits, aligning with court regulations.
Recent CFIA submissions included an affidavit from Canada’s deputy chief veterinarian, Dr. Cathy Furness, confirming that the ostriches were infected with a particularly lethal strain of avian flu. Further analysis revealed that the virus had been modified at the farm, increasing its pathogenicity.
The strain was identified as one of the most virulent strains tested at Canada’s National Microbiology Laboratory, with even small doses proving fatal to mice within days. The CFIA remains uncertain about the likelihood of ongoing or future infections among the ostriches.
The farm’s legal battle continues as it seeks to challenge the cull order at the Supreme Court of Canada.
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