Particle.news

Download on the App Store

Appeal Court Upholds CFIA Order to Cull B.C. Ostrich Flock After H5N1 Outbreak

The court found the agency’s stamping-out policy a reasonable, lawful response to avian flu risks, declining to consider new evidence about the flock’s current condition.

A sign calling for the protection of ostriches at the Universal Ostrich Farms is displayed at the farm in Edgewood.
Image
Katie Pasitney, of Universal Ostrich Farm, speaks during a press conference on Parliament Hill in Ottawa on Tuesday, July 15, 2025. THE CANADIAN PRESS/Spencer Colby
Image

Overview

  • The unanimous Federal Court of Appeal ruling rejected Universal Ostrich Farm’s bid to block the cull and said courts do not grant exemptions from government policy.
  • There is no stay in place, and the CFIA has said it will not disclose operational timing for carrying out the depopulation.
  • Farm spokesperson Katie Pasitney called the decision devastating, said the birds have shown no symptoms for 219 days, plans to seek a stay next week, and urged a peaceful on-site presence by supporters.
  • The CFIA ordered the destruction of about 400 ostriches after 69 died and tests found a novel H5N1 reassortment, citing ongoing risks to animal and human health and to export markets.
  • The farm was previously issued $20,000 in penalties for non-compliance, the appeal decision awarded $7,000 in costs, and local reporting says compensation remains unclear if the CFIA conducts the cull itself.