Ottawa/Edgewood, B.C. (Rajeev Sharma): A small ostrich farm in British Columbia will have its day in court Tuesday as the Federal Court of Appeal in Ottawa hears arguments over whether the Canadian Food Inspection Agency (CFIA) can proceed with a controversial order to cull more than 400 birds due to avian influenza.
Universal Ostrich, located in Edgewood, B.C., was ordered to destroy its entire flock after highly pathogenic avian flu was detected on the premises last December. The CFIA has defended the cull as part of a nationwide stamping-out policy to curb the spread of the disease, which has infected over eight million birds in B.C. alone and poses a significant threat to Canada’s food security.
But Universal Ostrich argues that no active infections have been detected on their farm for months and insists the birds should be tested for possible immunity to further infection.
“We want to test the animals, prove that they’re healthy, and work with the CFIA as a recovered flock,” said farm spokesperson Katie Pasitney, whose mother, Karen Espersen, co-owns Universal Ostrich. “We don’t need to keep needlessly killing animals.”
Their legal battle has drawn support from both sides of the border, including high-profile figures such as U.S. Health Secretary Robert F. Kennedy Jr. and television personality Dr. Mehmet Oz, fueling debate over whether the government’s policies are too rigid and harmful to small farmers.
Earlier this year, Federal Court Justice Russel Zinn sided with the CFIA, ruling in May that the agency had followed proper procedures under its mandate to protect animal and public health. Although Justice Zinn expressed “considerable sympathy” for the farm’s plight, he denied their request to conduct further diagnostic testing on the ostriches.
However, the Federal Court of Appeal intervened to pause the cull until the appeal could be heard.
“There’s a lot of people really looking forward to joining us in Ottawa,” said Pasitney, who believes the outcome could set a critical precedent for how future outbreaks are managed.
Universal Ostrich maintains that their birds have shown no symptoms since dozens died in December during the initial outbreak, and they see their fight as a push for policy reforms that could spare healthy animals from unnecessary slaughter.
“We’re trying to help farms in the future,” Pasitney said in an interview with CBC’s Radio West, “so that we don’t have to keep destroying healthy flocks.”
The one-day hearing is expected to attract significant attention from both legal observers and animal welfare advocates.
