Federal Agency to Feed, Take Charge of Ostriches at BC Farm After Supreme Court Issues Stay of Cull Order

The Canadian Food Inspection Agency (CFIA) says it will remain at a B.C. ostrich farm to feed and oversee the flock that has been under a cull order since last December, following a temporary suspension of the cull by the Supreme Court.

The CFIA said it has full custody of the ostriches at Universal Ostrich Farms in Edgewood, B.C. and advised that any obstruction of their actions is a criminal offence, according to a Sept. 26 release. The agency also said the ongoing delay in culling the flock presents increased danger to human and animal health.

“The CFIA will continue to provide appropriate feed and water to the ostriches under CFIA veterinary oversight,” the agency wrote, adding that it “will be using feed provided by the ostrich farm’s regular supplier once it is delivered.”

Supreme Court Justice Michelle O’Bonsawin directed the CFIA to retain full control of the ostriches until the court determines whether it will hear the farm’s appeal, according to a copy of the Sept. 24 ruling provided to the Epoch Times by the farm’s lawyer Umar Sheikh. The CFIA has until Oct. 3 to respond to the request for the farm’s leave to appeal.

After the CFIA’s response, the farm will have two days to submit a final reply, after which the Supreme Court will decide whether to hear the case.

The Sept. 24 ruling suspends the CFIA’s implementation of its “stamping-out policy” until the farm’s application for leave to appeal is decided, or, if granted, until the case is resolved.

The cull order against the farm was issued in December of last year after two ostriches tested positive for avian influenza in PCR tests. Illness broke out among the birds between Dec. 15, 2024 to Jan. 15, 2025, during which 69 ostriches died.

The farm has tried and failed in several courts to stop the cull order, arguing that the ostriches are healthy, show no symptoms, and are valuable for scientific research.

Farm spokesperson Katie Pasitney says the U.S. Food and Drug Administration has offered to test the birds for free, but the CFIA refused, after previously denying the farm’s earlier request for independent testing.

The case has gained international attention, with support from U.S. public figures including administrator for the U.S. Centers for Medicare and Medicaid Services Dr. Mehmet Oz, American billionaire John Catsimatidis, and U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. All have urged Canada to cancel the cull order.

CFIA’s Sept. 26 statement said it has counted between 300 and 330 ostriches on the farm, contrary to the farm’s statements that it owns 399 ostriches. The agency said “there will be ongoing efforts to determine a more precise number,” and added that the CFIA has found an ill ostrich on the farm and are speaking with the farm owners about any treatment plans already in place with the farm’s veterinarian.

Details of the ostrich’s alleged illness have not been released.

Pasitney and her mother, farm co-owner Karen Espersen, were arrested and released without being charged on Sept. 24. CFIA said they were obstructing the cull order from going ahead by refusing to leave the ostrich pen, while farm co-owner Dave Bilinski said they were told that they could feed the ostriches but were then arrested in a corner area of the pen, a move he described as a breach of “trust” with the CFIA.

The CFIA’s position on the cull is that the flock carries a dangerous strain of avian influenza that could pose a risk to humans, and that it is following the “stamping out” policy recommended by the World Organisation for Animal Health, in an attempt to prevent potential spread of the disease.

Pasitney said that the ostriches have been symptom-free since Jan. 15 of this year and have developed herd immunity. She also disputes the accuracy of the PCR tests conducted in December of last year.