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Federal Court of Appeal Stays Cull of Nearly 400 B.C. Ostriches Pending Appeal

The decision pauses CFIA’s depopulation plan over a unique H5N1 outbreak, allowing the farm to prepare its appeal in Ottawa.

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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.

Overview

  • On June 20, the Federal Court of Appeal granted a stay that halts plans to cull approximately 400 ostriches at Universal Ostrich Farm until the appeal process concludes.
  • The farm’s owners filed a notice of appeal on May 26 and a motion for a stay on June 2 after the Federal Court dismissed their judicial reviews, securing time to gather arguments.
  • The Canadian Food Inspection Agency will postpone the depopulation order but remains bound by its December 31, 2024 declaration that the flock carries highly pathogenic avian influenza.
  • Officials have reported multiple laboratory-confirmed H5N1 cases involving a mutation not previously detected in Canada, citing serious risks to animal and human health.
  • Future CFIA operations at the farm must proceed under Royal Canadian Mounted Police oversight, highlighting the enforcement and security challenges ahead.