OTTAWA — The Supreme Court of Canada is on the verge of announcing its decision regarding the final appeal from Universal Ostrich Farms, located in Edgewood, British Columbia, aiming to preserve its flock amidst an ongoing avian flu crisis. This appeal comes over ten months after the Canadian Food Inspection Agency (CFIA) issued an order mandating the cull of the farm’s birds due to a reported outbreak of avian influenza in December 2024.
Universal Ostrich Farms, home to approximately 300 ostriches, has previously faced setbacks in its legal battle, having lost in both Federal Court and the Federal Court of Appeal. The ultimate fate of the farm’s birds now rests with the Supreme Court as it deliberates whether to take on the case. A stay was granted by the high court in September, pausing the cull while the justices consider whether to hear the appeal. Should the court decline to hear the case, the CFIA would be free to proceed with the culling without any legal impediments.
Legal experts suggest that the odds appear to be against the ostrich farm, given the unfavorable outcomes in prior rulings from federal courts this year. The Supreme Court does not provide reasons for its decisions to dismiss or accept cases, which adds an element of uncertainty to the proceedings.
The situation surrounding Universal Ostrich Farms has drawn public attention, with supporters gathering at the farm to protest the potential cull. Notably, U.S. Health Secretary Robert F. Kennedy Jr. has weighed in on the issue, advocating for the preservation of the birds due to their scientific significance.
Farm owners argue that the CFIA’s policy of destroying flocks following an avian flu detection is flawed. They contend that their ostriches have developed "herd immunity," which they believe should be taken into consideration. In contrast, the CFIA maintains that even birds that appear healthy can still transmit the disease, justifying their stance on culling infected flocks.
Currently, the CFIA retains custody of the ostriches, with the farm owners claiming that the agency, along with the Royal Canadian Mounted Police (RCMP), forcibly and unlawfully removed the birds from their property. The ongoing conflict raises broader questions regarding animal welfare, agricultural policy, and disease management in the context of the food industry.
This tense situation exemplifies the complexities involved in balancing public health concerns with the rights and livelihoods of farmers. As the Supreme Court prepares to make a decision, both sides remain on edge, highlighting the emotional and legal tussles intertwined with the farming community's relationship with regulatory bodies.
