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Federal Court Upholds CFIA Order to Cull 400 Ostriches at B.C. Farm After Avian Flu Outbreak

The court ruled the cull reasonable and procedurally fair, rejecting the farm’s argument for herd immunity and research preservation.

Overview

  • A Federal Court judge has dismissed Universal Ostrich Farms' legal challenge to stop the Canadian Food Inspection Agency's cull order, clearing the way for the destruction of 400 ostriches.
  • The CFIA issued the cull order following a December 2024 avian flu outbreak that killed nearly 70 ostriches, believed to have been caused by migratory ducks.
  • The court ruled that the CFIA's decisions were reasonable and procedurally fair, emphasizing deference to the agency's scientific expertise and disease-control policies.
  • Farm owners argued the surviving ostriches had developed herd immunity and could contribute to avian flu research, but the court declined to consider new evidence on their health status.
  • The farm was ordered to pay $15,000 in legal costs to the CFIA, while critics, including a provincial legislator, called the decision an overreach with significant implications for farmers.