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Appeal Court Clears Way for CFIA Ostrich Cull in B.C.

The ruling upholds the CFIA’s stamping‑out policy as a lawful response to H5N1 risk.

A sign calling for the protection of ostriches at the Universal Ostrich Farms is displayed at the farm in Edgewood.
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Overview

  • A three‑judge panel unanimously dismissed Universal Ostrich Farm’s appeal, clearing the CFIA to carry out the depopulation of roughly 400 birds in Edgewood, B.C.
  • Judges declined to admit the owners’ new affidavit on flock health, saying judicial review is limited to the record before the decision‑maker and the filing was not independent scientific proof.
  • The court found the agency’s authority to order destruction on suspicion of infection reasonable under the Health of Animals Act, noting 69 ostriches died and tests detected a novel H5N1 reassortant.
  • No stay is in place; the farm says it will seek one next week and has invited supporters to gather peacefully on the property as the CFIA withholds operational details.
  • The CFIA previously issued $20,000 in penalties to the farm, and the case drew attention from figures including U.S. Health Secretary Robert F. Kennedy Jr. and CMS administrator Dr. Mehmet Oz.