A federal appeal court has upheld a controversial order allowing the Canadian Food Inspection Agency (CFIA) to destroy about 400 ostriches at Universal Ostrich Farms in Edgewood, B.C., after avian influenza killed nearly 70 birds and lab tests detected a novel H5N1 strain.

The case has revived long-standing concerns in agriculture, where producers often bear the full weight of precautionary measures even when evidence later shows risks were overstated or actions exceeded the actual threat. Federal authorities maintain the flock poses a risk despite showing no symptoms for months, while the farm argues the birds are healthy and valuable.

The CFIA invoked the Health of Animals Act and its “stamping-out” policy to issue the cull order on Dec. 31, 2024, after confirming H5N1 in two deceased ostriches and identifying a novel reassortant strain. In May 2025, the Federal Court dismissed the farm’s judicial-review application, ruling CFIA’s actions were reasonable and procedurally fair. The Federal Court of Appeal affirmed the ruling on Aug. 21, 2025, clearing the way for the cull to proceed.

CFIA maintains the eradication is essential to prevent transmission to other birds and wildlife and to protect Canada’s export markets. Officials cite the detection of a novel H5N1 reassortant and alignment with standard highly pathogenic avian influenza control protocols. The farm contends the surviving flock poses no risk and characterizes the government’s order as overreach.

Past Disease-Control Actions in Canada

2010 – Brucellosis in B.C.

Cattle were quarantined after U.S. tests flagged possible brucellosis. Canadian follow-up cleared the animals when the results proved false.

2003 – BSE in Alberta

Nearly 2,700 cattle were destroyed after one confirmed case of BSE. All other animals tested negative, but beef exports collapsed.

2009 – H1N1 in Alberta

An Alberta hog farm culled 475 pigs, not from illness, but because quarantine restrictions created overcrowding.

Universal Ostrich Farms says the birds have remained symptom-free for months and may have developed herd immunity. Spokesperson Katie Pasitney says independent live-bird testing would confirm the flock is healthy and valuable for research rather than destruction. The farm describes the cull as punitive, scientifically unjustified, and damaging to a niche agricultural operation.

Since spring 2025, a grassroots protest has formed outside the farm, with supporters, small-farm advocates, and local residents decrying Ottawa’s intrusion into rural life. RCMP presence at the encampment highlights tensions between enforcement and community protest.

The ostrich case follows previous incidents that illustrate weaknesses in Canada’s disease-control framework. In 2010, three cattle from British Columbia were flagged for brucellosis after routine testing at a U.S. slaughter plant. The results led to quarantines and temporary trade restrictions. Follow-up tests in Canada cleared the animals, determining the initial positives were false and caused by cross-reactivity with another bacterium. Despite the absence of disease, farms faced weeks of disruption and economic consequences.

In 2003, a single cow in Alberta tested positive for bovine spongiform encephalopathy. Nearly 2,700 cattle were destroyed across multiple farms under quarantine. All other animals tested negative, but the broad depopulation demonstrated how a single detection could trigger widespread losses.

In 2009, an Alberta hog farm was quarantined after pigs contracted the H1N1 influenza virus. About 475 pigs were culled, not because of the disease itself, but due to overcrowding caused by movement restrictions during the quarantine. The incident underscored how control measures can create secondary losses unrelated to illness.

CFIA fined Universal Ostrich Farms $20,000 for non-compliance with control measures. The timeline for the cull remains undisclosed, and without confirmed compensation for the destroyed birds, the farm faces significant economic losses and the permanent loss of the birds.

Supporters say they intend to pursue further legal avenues, including potential stays.