OTTAWA — The Federal Court of Appeal has rejected a bid by a British Columbia ostrich farm to prevent the culling of its flock that had been infected with avian flu.
The court denied an appeal by Universal Ostrich Farms to allow an application for judicial review of the planned cull of about 400 birds, which was ordered by the Canadian Food Inspection Agency.
The appeal court also rejected an application to bring new evidence in the case.
"In so concluding, we recognize that our decision might lead to the death of over 400 ostriches owned by the appellant, an outcome that would doubtless be very difficult, both financially and emotionally, for the appellant’s principals," the ruling posted Thursday said.
"While we have considerable sympathy for them, the law we are bound to apply inevitably leads to the conclusion that this appeal must be dismissed."
The ruling said the "stamping out" policy of the CFIA, in which infected poultry flocks are killed entirely, is reasonable, and that criteria to apply it had been met in the case of the farm in Edgewood, B.C.
The planned cull had drawn opposition from United States officials, including Health Secretary Robert F. Kennedy Jr.
Universal Ostrich Farm spokeswoman Katie Pasitney, whose mother co-owns the farm, called the news “devastating” in a post online.
She said the decision meant “that at any moment, the Canadian Food Inspection Agency could come and kill our healthy ostriches.”
Pasitney said the farm will apply for a stay of the ruling next week, and she appealed for supporters to go to the farm and "sit with animals that need protection."
"Absolutely zero violence. Peaceful only," she added.
She said the farm would open its gates to the public this weekend.
“These animals are not just livestock. They are living beings that have thrived against all odds. They are a symbol of resilience, of natural immunity, and of what’s possible when we stand up against broken policies that destroy life instead of protecting it."
The ruling says it's not the role of the court to grant exemptions from governmental policy.
"Rather, our sole role is to determine whether the decisions at issue in this appeal were reasonable in accordance with the deferential standard of review set out in the case law of the Supreme Court of Canada, this court, and other Canadian courts," it says.
"Because the stamping-out policy, which underlies the two decisions, the notice to dispose, and the exemption denial, are all reasonable in accordance with that case law, we have unanimously concluded that this appeal cannot succeed."
Sixty-nine of the flock died of highly pathogenic avian flu in December and January.
But the farm’s owners said the surviving birds should be spared, in part because of their scientific value.
Kennedy wrote to the CFIA offering to jointly study the birds, while former TV personality Dr. Mehmet Oz, now the administrator of the U.S. Centers for Medicare and Medicaid Services, said he would be willing to house them at his ranch in Florida.
This report by The Canadian Press was first published Aug. 21, 2025.
The Canadian Press
