Federal Court to Hear Challenge to Avian Flu Cull Order at B.C. Ostrich Farm

A legal battle over the fate of 400 ostriches at a rural British Columbia farm is unfolding in Federal Court this week, as Universal Ostrich challenges a Canadian Food Inspection Agency (CFIA) order to cull its entire flock over avian flu concerns.

The Edgewood-based farm, located in B.C.’s West Kootenay region, was ordered to cull its birds in February after the highly pathogenic H5N1 avian flu was detected in the flock in December. However, the farm obtained a temporary stay, halting the cull until a full hearing on the matter could be held.

That hearing — scheduled to run over two days — begins virtually Tuesday, marking the latest chapter in a dispute that has sparked both scientific debate and public sympathy for the long-lived birds.

Owners Say Flock Is Now Healthy

Farm operators Karen Espersen and Dave Bilinski argue that after 69 ostriches died in December, the surviving birds have shown no signs of illness, suggesting they may have developed herd immunity. They also note the farm does not breed birds for meat, and that the risk of transmission is low, as ostriches cannot fly and are housed on a contained property.

Supporters say the case underscores broader issues about agricultural policy and public health decisions.

“What’s at stake? It’s our food security. It’s our agricultural industry,” said Katie Pasitney, Espersen’s daughter and the farm’s spokesperson. “Our ostriches are just a catalyst in the movement for some change and correction of policy.”

CFIA: Virus Is a New Variant, Risk Remains

The CFIA insists that the cull is necessary, citing the detection of a new variant of H5N1 at the farm and concerns over continued transmission and viral mutation.

“Continued transmission … may increase the chance of changes to the virus itself that could lead to a human-to-human transmission scenario and/or more severe strains,” a CFIA spokesperson said.

The agency cited a case in B.C. last November in which a teen tested positive for H5N1, as well as a fatal U.S. case, to highlight the potential danger. The federal Health Ministry supports the CFIA’s decision and has requested an expedited ruling.

Under Canada’s “stamping out” policy, the standard response to a positive avian flu test is to cull all birds on the affected premises.

Limited Research on Ostrich Immunity

Universal Ostrich has partnered with Kyoto Prefectural University in Japan to study the birds, which have also been part of previous medical research, including COVID-19 detection. The farm’s operators maintain that scientific data about ostrich immunity to avian flu is limited, and that their birds offer a unique opportunity for research.

Researchers contacted by CBC News confirmed that there is little peer-reviewed research on whether ostriches can develop lasting immunity to H5N1.

Tensions Rise

The case has drawn national attention and even threats. In March, one of the ostriches was shot and killed on the property. RCMP are investigating.

The cull order was initially scheduled to take effect February 1 but was halted by Federal Court Justice Michael Battista, who ruled that the farm could suffer "irreparable harm" and that its legal arguments deserved full consideration.

The outcome of this week’s hearing could set a precedent for how future avian flu cases involving non-traditional livestock are handled in Canada.