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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.

A herd of ostriches is seen on a remote farm in Edgewood, B.C., in an undated photo supplied by Universal Ostrich Farms Inc. THE CANADIAN PRESS/HO-Katie Pasitney
Karen Espersen, owner of Universal Ostrich Farm, shown with some of the 400 ostriches she owns that must be culled due to an outbreak of avian flu.
Dave Bilinski and Karen Espersen of Universal Ostrich pose with a portion of their flock of birds in April 2025.
 Universal Ostrich Farm has been ordered to kill its entire flock due to an avian flu outbreak.

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.