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Federal Court of Appeal Denies Avian Flu Tests, Stays B.C. Ostrich Cull

This ruling halts the scheduled destruction of nearly 400 ostriches under the CFIA’s stamping out policy until an appeal is heard in late July.

Ostrich farm granted stay order.
A sign calling for the protection of ostriches at the Universal Ostrich Farms is displayed at the farm in Edgewood, B.C., on Saturday, May 17, 2025.
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Overview

  • Judge Sylvie Roussel refused the farm’s request for additional diagnostic tests and declined to suspend CFIA directives against further sampling.
  • The court granted an emergency stay after finding potential irreparable harm to the farm and a balance of convenience favoring a delay in depopulation.
  • Owners of Universal Ostrich Farms are appealing the CFIA’s order that followed an outbreak which killed dozens of birds in December and January.
  • Supporters have camped at the Edgewood, B.C., property and U.S. health officials, including Robert F. Kennedy Jr., called for relocation of the surviving birds for further study.
  • The CFIA confirmed a novel H5N1 reassortment in the flock and argues that a full cull is necessary to contain the highly pathogenic virus and protect public health and trade.