Ostrich Farm Owners Concerned Flock May Be Culled Before Judicial Review Amid Avian Flu Outbreak
Owners of an ostrich farm in rural B.C. are worried that they may lose their birds before they can argue their case in court to preserve them from slaughter in relation to a H5N1 outbreak on the farm.
After securing a court injunction on Jan. 31 delaying the cull of 423 ostriches and prompting a judicial review of the case, the Canadian Food Inspection Agency (CFIA) has revamped the quarantine protocol for Universal Ostrich Farms to follow.
Farm spokesperson Katie Pasitney says implementing the new measures is not possible for them, and says she fears the agency may come and perform the cull themselves if they determine the farm is not compliant. The initial CFIA order stipulated that the farm carry out the cull.
“They’ve amended the protocols and they’re outlandish,” an emotional Pasitney told The Epoch Times. “We will never be able to meet them. We’re definitely getting worn down because you just never know what’s going to happen.”
According to Pasitney, the new criteria the farm is expected to follow include building an additional fence three feet from an existing fence, covering all water sources with netting to prevent animals accessing them, and having farm staff wear disposable hazmat suits each time they work alongside the birds. With the ground and pond currently frozen, she said this would be virtually impossible to accomplish. And while they don’t know where to buy a bulk supply of disposable hazmat suits, the larger problem, she said, is that the ostriches become anxious when they are introduced to something they don’t recognize, like the unfamiliar suits, and would behave erratically.
“I’m sure we could show progress that we’re starting it, but again, the ground is frozen solid, so they’re setting you up for failure, then that gives them more authority to move in,” she said.
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The agency took samples from the two ostriches, now deceased, and determined they had H5N1. CFIA protocol called for the 400-plus birds to be slaughtered and disposed of by the farm in a humane way. The farm has said that the flu virus was brought to the farm by migrating ducks.In an email to The Epoch Times, the CFIA outlined its position to protect the public from avian flu outbreaks, including the need to eliminate flocks to prevent further spread.
“Managing outbreaks in animal populations is essential for public health. Controlling disease in domestic poultry, including ostriches, includes depopulation of infected birds, enforcing strict biosecurity measures, and properly disposing of dead birds that may carry disease,” the agency said.
The CFIA said that because avian influenza viruses can infect humans, “it is crucial to manage outbreaks in animal populations to protect public health.”
“While the risk to people is low, there have been human deaths and serious illnesses from avian influenza in North America. Managing outbreaks includes enforcing strict biosecurity measures, depopulation of infected birds, and properly disposing of dead birds that may carry disease,” it said.
Cull Could Still Happen
Along with the new quarantine guidelines, the CFIA determined the court injunction relieved Universal Ostrich from having to cull the birds, but not the agency, according to Pasitney. In her understanding, that declaration allows the CFIA to perform a cull if they deem it necessary.
“They put that in the amended quarantine order, that they can come and go as they please. In their minds, the way they’ve heard it, is that the injunction relieved us from having to kill the ostriches, but CFIA still can,” she said.
In its email, the CFIA noted that it has the authority to enter a property it believes poses a significant health risk, as granted by the Health of Animals Act (HAA).
“Under paragraphs 48(1)(a), (b) and (c) of the HAA, an order to dispose applies to animals and other objects that are suspected of being affected or contaminated by disease or toxic substance, or that have been in contact or in close proximity, to the disease,” it said.
Canadian Food Inspection Agency in Ottawa on June 26, 2019. The Canadian Press/Sean Kilpatrick
Herd Immunity Argument
During the court hearing, the lawyer for the farm presented evidence from the scientific community suggesting the older ostriches had already attained herd immunity, likely from a similar outbreak in 2020 before the CFIA could test for H5N1. And now those antibodies are being used in research to develop vaccines, therapeutics, and other products to help address future outbreaks, the farm argued.
Universal Ostrich Farms is located in the small town of Edgewood about 150 kilometres east of Kelowna, and is owned by Pasitney’s mother, Karen Espersen, and her business partner Dave Bilinski.
One of the birds from Universal Ostrich Farms spared from slaughter by court injunction seen here February 1, 2025. Courtesy of Peyman Askari
Pasitney argues that the CFIA should reconsider culling the healthy and immune birds and instead view it as an irreversible step backward.
“They have the ability to do so much good. They could really help humanity, and there’s nobody listening,” she said. “[The CFIA] don’t even want to talk about it—it’s not even acknowledged.”
The farm has received support from the community. On Feb. 1, the day the birds were originally slated to be destroyed, a crowd of people converged on the farm to show support and possibly influence the CFIA to abandon the cull.
The CFIA says that it’s important to minimize the risk of the virus spreading within Canadian flocks and to other animals.
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