In Edgewood, British Columbia, Canada, the Universal Ostrich Farms has been embroiled in a protracted legal battle that has lasted over ten months. The conflict arose after the Canadian Food Inspection Agency (CFIA) issued a cull order that would result in the deaths of hundreds of ostriches due to a reported outbreak of H5N1 avian influenza. The Supreme Court of Canada is expected to announce on Thursday whether it will hear a final appeal against this cull order. If the court decides not to grant leave to appeal, the stay order currently in place will be lifted, allowing the CFIA to proceed with the cull.
The timeline of this situation began in early December 2024 when ostriches at the farm exhibited what the owners described as "flu-like" symptoms, leading to the deaths of approximately 25 to 30 birds within a brief three-week period. Following an anonymous tip about the deaths at the farm, the CFIA intervened on December 28, 2024, and verbally imposed a quarantine order. By December 31, testing confirmed that two carcasses had tested positive for H5 avian influenza, specifically H5N1. Consequently, the CFIA issued a cull order on that day, mandating the disposal of all affected birds by February 1, 2025.
In an effort to preserve the ostriches, which they claimed to have "rare and valuable genetics," the farm applied for an exemption to the cull from January 4 to 9. However, this request was denied on January 10. By January 15, the count of ostrich deaths had risen to 69, culminating in a Federal Court stay of the cull order on January 31 while the farm sought a judicial review.
The farm's application for a judicial review was ultimately unsuccessful. On May 13, the Federal Court ruled that the CFIA's decisions regarding the cull were "reasonable" and "procedurally fair." Following this, a significant protest event called "Ostrich Fest" took place from May 16 to 18, attracting hundreds of supporters opposed to the cull order. Furthermore, on May 23, U.S. Health Secretary Robert F. Kennedy Jr. sent a letter to CFIA President Paul MacKinnon, urging consideration against the cull on the grounds that the ostriches might be valuable for research.
Amid mounting support for the farm, on May 27, farm spokeswoman Katie Pasitney revealed that American health official Dr. Mehmet Oz had proposed relocating the ostriches to his ranch in Florida, an offer the farm ultimately declined. On June 20, the Federal Court of Appeal granted a second stay of the cull order, but by August 21, the farm's appeal was dismissed unanimously by the same court. Subsequently, on September 6, another stay was granted to delay the execution of the cull.
As the situation intensified, on September 12, a Federal Court of Appeal judge ruled that the cull must proceed, denying another stay request while the farm sought to be heard by the Supreme Court of Canada. On September 22, CFIA and RCMP officials arrived at the farm to prepare for the cull, leading to the arrests of Pasitney and her mother, co-owner Karen Espersen, on September 23 after they refused to vacate the ostriches’ pen.
In response to ongoing tension, on September 24, the Supreme Court of Canada issued an interim stay of the cull while it contemplated whether to hear a final appeal. A fire incident on the same day, which charred hay bales placed around the ostriches' enclosure by the CFIA, further complicated the situation. By October 4, the CFIA reported the death of one ostrich under its care.
As of October 31, the Supreme Court is set to announce its decision on November 6 regarding the farmers' final appeal. The CFIA has issued statements countering online rumors of secret cull actions, while Pasitney has continued to rally support, urging congregations at the farm in anticipation of the court's decision.
