Canada’s Supreme Court denied an appeal to stop the killing of hundreds of ostriches at a farm in British Columbia, leaving farmers with little hope to prevent it. The Canadian Food Inspection Agency (CFIA) ordered the mass culling in late 2024 after two birds contracted avian flu, following an outbreak that caused the deaths of dozens of animals.
The top court’s refusal to hear an appeal deals a blow to Universal Ostrich Farms, which has sought to halt the culling since the CFIA order.
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The decision legally authorizes the government-ordered culling to go forth. But it’s unclear whether farmers opposed to the move will attempt other avenues to save the birds, including requesting the federal government rescind its order.
An unclear timeline
Following the Supreme Court ruling Thursday, the CFIA announced it will be “moving forward” with the culling with the aim of preventing the spread of avian flu.
However, the agency did not reveal an exact timeline for when the birds would be killed. It said it “expects the ostrich farm owners and supporters” to comply with the high court decision.
‘Shame on you’
Katie Pasitney, whose family owns the farm fighting the order, posted a video to Facebook, in which she tearfully declared, “Shame on you, Canada.”
“Please pray for a miracle in the next hour for our family, for these animals outside,” she added.
Some farmers argue that the ostriches should be allowed to live and used for research, since they survived an outbreak within the flock that killed 69 birds.
As of Thursday, the ostriches remained on the farm, where they have been under CFIA supervision since September, according to the BBC. More than 60 activists reportedly protested at the farm Thursday as the Supreme Court announced its refusal to hear an appeal.
Canada’s food inspection agency says it’s about safety
The CFIA contends that it is necessary to kill the birds because their exposure to the flu presents a risk to humans, livestock and wildlife.
Officials dispute claims that the remaining birds in the flock have developed immunity to the virus.
The U.S. Centers for Disease Control and Prevention said avian flu rarely spreads to humans. However, it is monitoring people exposed to infected birds.
Significant international attention to case
The case has captured attention from around the globe, including the Trump administration, which accuses Canadian officials of government overreach.
Health and Human Services Secretary Robert F. Kennedy Jr. met with the CFIA’s top brass earlier this year to advocate for using the birds for research instead of killing them.
The administrator for the U.S. Centers for Medicare & Medicaid Services, Dr. Mehmet Oz, even offered up his Florida ranch as a new home for the birds to prevent their deaths.
New York billionaire John Catsmaditis has also reportedly disclosed that he is helping finance the farm’s legal fight against the culling order.
