Ostriches are seen at Universal Ostrich Farms in Edgewood, B.C., on May 17. The farm has argued that after the initial bird flu outbreak, their flock of 400 birds have remained healthy, pose no threat and show no signs of illness.AARON HEMENS/The Canadian Press
B.C. farmers who own 400 ostriches ordered destroyed because of bird flu plan to ask Canada’s highest court to once again delay the cull, arguing that the birds are healthy and have posed no threat for months.
Katie Pasitney, whose parents own Universal Ostrich Farms in Edgewater, B.C., said the family is determined to take their case to the Supreme Court of Canada after the Federal Court of Appeal ruled Thursday that the Canadian Food Inspection Agency was operating within its mandate when it concluded the birds should be destroyed.
“We’re trying everything we can to keep these healthy animals alive, and set a precedent,” Ms. Pasitney said.
The family’s lawyer plans to ask the Supreme Court for an emergency stay of the cull order until the family can apply for leave to appeal.
“We’re scared,” Ms. Pasitney said, “but that fear is entwined with hope.”
The case has drawn attention across Canada and from high-profile figures in the United States. The farmers are hoping a convoy of supporters will show up at the farm to protest against any move to kill the birds.
Between Dec. 14, 2024, and Jan. 14, 2025, 69 young birds died, Ms. Pasitney said. The CFIA ordered the birds destroyed after two of them tested positive for bird flu at that time.
The farm has argued that after that initial outbreak, the flock of 400 birds have remained healthy, pose no threat and show no signs of illness. The farmers say that the survivors should be allowed to live, and potentially be studied to see if they can provide insight into how to fight the disease.
As the farmers pursued a review of the CFIA order in December, courts have granted delays to the cull. Months later, it’s unclear whether the remaining birds still carry the virus.
The CFIA declined to reply when asked Friday by The Globe and Mail whether the agency has tested the birds for avian flu in the past eight months. Previously, the CFIA has said that additional testing would not alter its decision to cull the flock.
The CFIA has said that there are “ongoing risks” to animal and human health as well as export-market access for Canadian goods. In a statement Thursday, the agency said the CFIA will publicly not share dates or plans about the forthcoming cull.
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In its ruling, the Federal Court of Appeal noted its role was solely to review the original decision made by the CFIA. It could not consider or compel new evidence, the ruling said.
“It is not the role of this Court to set, vary, or grant exemptions from governmental policy,” the court said.
“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.
“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 agency has repeatedly warned the family that they risk imprisonment if they attempt to test the birds themselves.
Scientists worry that the spread of avian flu will create conditions that will allow the virus to mutate, making it easier to infect humans. The first Canadian to be infected with the virus was a teenaged British Columbia girl who spent two months in hospital before being discharged in January.
Shayan Sharif, a professor at the University of Guelph’s department of pathobiology who has been studying the avian flu since 2007, said it’s possible the birds are still infected with the disease, but it would be impossible to know for sure unless further testing is done.
“It’s a very good question, but it’s a question that CFIA needs to answer,” Dr. Sharif said.
“Generally speaking, testing would need to be done in order to ensure that that the animals are free of the of the virus or not,”
He dismissed suggestions that the surviving ostriches should be preserved for further study, saying there is no shortage of samples of birds who carry avian-flu antibodies and that the ostriches wouldn’t have anything unique to offer.
Dr. Sharif said that some animals, such as chickens and turkeys, are more susceptible to the virus than others.
Bird flu has also turned up in cattle in the United States, but culling is not required by U.S. authorities.
Dr. Sharif said cows are less susceptible to developing complications from avian flu, though they can still transmit the virus to humans.