The Supreme Court of Canada declined to hear an appeal that would have blocked the culling of about 330 ostriches at a British Columbia farm after highly pathogenic avian influenza was detected in December 2024. The CFIA says it will proceed under its stamping out policy to protect the nation’s nearly $7 billion poultry industry. Universal Ostrich Farms claims the birds were part of antibody research, a contention the CFIA calls 'unsubstantiated.' High-profile supporters including Robert F. Kennedy Jr. and John Catsimatidis intervened, but the court ruling allows euthanasia to go forward amid protests.
Supreme Court Clears Way for Culling of ~330 B.C. Ostriches Despite RFK Jr. Appeal
The Supreme Court of Canada declined to hear an appeal that would have blocked the culling of about 330 ostriches at a British Columbia farm after highly pathogenic avian influenza was detected in December 2024. The CFIA says it will proceed under its stamping out policy to protect the nation’s nearly $7 billion poultry industry. Universal Ostrich Farms claims the birds were part of antibody research, a contention the CFIA calls 'unsubstantiated.' High-profile supporters including Robert F. Kennedy Jr. and John Catsimatidis intervened, but the court ruling allows euthanasia to go forward amid protests.
23:35, 06.11.2025Health
Canada's top court declines to block CFIA order after bird flu detected
The Supreme Court of Canada has refused to hear an appeal aimed at preventing the culling of roughly 330 ostriches at Universal Ostrich Farms in Edgewood, British Columbia, clearing the path for euthanasia after detection of highly pathogenic avian influenza in late December 2024.
The Canadian Food Inspection Agency (CFIA) said it will proceed under its stamping out policy, which requires removal of infected or exposed animals to stop disease spread. The agency did not provide a timetable for the euthanasia but reiterated that the measure is intended to protect Canada’s nearly $7 billion poultry sector.
'This is the saddest day in Canadian history,' Katie Pasitney, spokesperson for Universal Ostrich Farms and daughter of one of the owners, told CNN following the court announcement.
Universal Ostrich Farms has maintained it was raising the birds to study whether ostriches can produce disease-fighting antibodies. The CFIA has described those research claims as 'unsubstantiated' and said it has not received evidence that the quarantined flock has a unique capacity to produce antibody-rich eggs.
High-profile intervention and legal battle
The farm's plea attracted public attention and intervention from high-profile figures, including US Health Secretary Robert F. Kennedy Jr., who reportedly wrote to CFIA officials after meeting with Canadian representatives in May, asking them to 'consider not culling the entire flock' so scientists could study antibody levels and cellular immunity. Republican businessman John Catsimatidis provided financial backing for the farm's legal team and criticized the decision as government overreach.
CNN has sought comment from Kennedy and Catsimatidis. The Canadian government assumed control of the farm and its animals in September 2024; supporters have frequently protested at the site and the CFIA has warned against impeding operations or flying drones over the farm.
Public-health rationale and expert view
An expert in avian virology told CNN the CFIA's decision aligns with established disease-control practices. Rodrigo Gallardo, a professor of poultry medicine at UC Davis School of Veterinary Medicine, said that when a foreign animal disease is detected, such as avian influenza or Newcastle disease, authorities typically euthanize infected flocks to stop dissemination.
The CFIA emphasized the need to prevent further damage to Canada's poultry industry. According to CFIA statistics cited in court filings, British Columbia has been the hardest-hit province in recent bird-flu waves, with an estimated 11,439,000 birds affected as of October 28, compared with about 2,000,000 in the next-most-impacted province, Alberta.
Supporters of the farm gathered to protest the ruling; Pasitney said about 100 people were at the site on the day the decision was announced. The CFIA said it has respected court orders throughout the legal process and expects owners and supporters to abide by the Supreme Court judgment.
What happens next: With the appeal denied, the CFIA has legal authority to proceed with the cull under its outbreak-control policies. The agency did not set a specific timeline, and investigative or research requests cited by the farm remain contested.