B.C. Ostrich Farm Heads to Court to Fight Avian Flu Cull Order

A B.C. ostrich farm is taking its fight against a government-mandated cull to the Federal Court of Appeal today, challenging a decision by the Canadian Food Inspection Agency (CFIA) to destroy more than 400 birds following an avian influenza outbreak.

Universal Ostrich, located in Edgewood, was ordered to cull its flock after highly pathogenic avian flu was detected in December 2023. The CFIA implemented the order as part of its "stamping-out" policy to control the spread of the virus, which has affected millions of birds across the province.

The farm, however, argues the virus hasn’t been present on the property for months and that its ostriches are now healthy. Co-owner Karen Espersen and her daughter, spokesperson Katie Pasitney, say they want to work with the CFIA to test the birds, prove immunity, and help reshape policies to avoid unnecessary destruction of animals in future outbreaks.

“We're hoping this case leads to change that helps small farms across Canada,” said Pasitney, adding that their goal is to have the birds recognized as a recovered flock instead of being culled preemptively.

The legal battle has drawn international attention, including support from U.S. public figures like Robert F. Kennedy Jr. and Dr. Mehmet Oz. Despite this, a Federal Court judge in May ruled in favour of the CFIA, finding the agency had followed proper protocols in ordering the cull.

In that decision, Justice Russel Zinn acknowledged the farmers’ situation with “considerable sympathy” but emphasized that public health and food security were at stake.

Today’s appeal hearing in Ottawa comes after the court granted a temporary pause on the cull pending the outcome of the case. Pasitney says the farm is hopeful the court will allow further testing and prevent what she calls an avoidable loss of healthy animals.

The case could set a precedent for how Canada balances disease control with the rights of livestock owners — especially smaller, independent operations.