After nearly eight months of fighting to save its flock, Universal Ostrich Farm in Edgewood, B.C., has lost its final appeal to prevent a government-ordered cull.
The Canadian Food Inspection Agency mandated the destruction of about 400 ostriches following an outbreak of avian influenza on the farm last winter.
“We got a call from our lawyer Thursday,” co-owner Katie Pasitney said. “A 41-page document came in. It was a unanimous no.”
The farm had argued that the birds had been healthy for more than 200 days, showing no signs of the virus and developing herd immunity. Owners hoped the flock could be studied for potential scientific insights into disease resilience. But the Federal Court of Appeal ruled the CFIA acted within reason to protect public health and the country’s poultry industry.
Pasitney called the decision “extremely disappointing,” warning of what it could mean for other independent farmers.
“It sets a dangerous precedent that we can’t even test our own animals for health,” she said. “It feels like they’re not our animals — they’re government-owned.”
The CFIA confirmed it will proceed with “necessary disease control measures” to protect public health and minimize the economic impact on Canada’s poultry industry.
“Our disease response aims to protect both public and animal health, as well as minimize impacts on the $6.8 billion domestic poultry industry, and the Canadian economy. This supports Canadian families and poultry farmers whose livelihoods depend on maintaining international market access for $1.75 billion in exports,” the CFIA said.
Animal Justice slammed the court’s ruling, calling for a reassessment of the CFIA’s disease control approach.
“The ostriches don’t deserve to die — whether by the hands of the CFIA, or by being slaughtered by Universal Ostrich farm for their meat. Ultimately, they are victims of a large-scale factory farming system that has allowed dangerous pathogens like avian influenza to spread and decimate birds trapped in the system,” said Camille Labchuk, lawyer and executive director at Animal Justice.
“The widespread public concern over this case shows why the CFIA must reassess its disease control policies, especially in cases where animals appear to have recovered and transmission risks may be considered low.”
Pasitney says destroying entire flocks — especially those showing signs of recovery — is a policy that needs to evolve.
“Stamping out is a dangerous policy,” Pasitney said. “It should never be a one-size-fits-all solution. We have a recovered flock here in Edgewood that has resiliency.”
Under Canada’s Compensation for Destroyed Animals and Things Regulations, the farm could receive up to $3,000 per bird — roughly $1.2 million in total. But Pasitney says no amount of money can replace what they’re about to lose.
“They have personalities and names. They deserve the decades more of life left in them.”
With no clear timeline on when the cull will begin, Pasitney says she’s now holding out hope for a last-minute emergency stay order — or for Prime Minister Mark Carney to step in and halt the destruction.