Supreme Court Upholds Order to Cull Canadian Ostrich Flock After H5N1 Outbreak

Supreme Court Upholds Depopulation Order at Universal Ostrich Farm

The Supreme Court of Canada on Thursday unanimously rejected a last‑ditch appeal by Universal Ostrich Farm in Edgewood, British Columbia, clearing the way for federal authorities to depopulate the farm's flock after an outbreak of highly pathogenic avian influenza (H5N1).

The Canadian Food Inspection Agency (CFIA) said it would proceed with "depopulation and disposal measures as authorized by the Health of Animals Act and guided by the stamping‑out policy for highly pathogenic avian influenza (HPAI)." The agency added that actions would be carried out with veterinary oversight and in accordance with animal‑health standards.

Media and witnesses reported hearing multiple gunshots at the farm on Thursday night; the noise was audible on a live video stream posted by farm spokesperson Katie Pasitney. The CFIA did not release details about specific euthanasia methods used, but said it is planning humane depopulation and disposal at the infected premises.

The legal dispute began after an H5N1 outbreak in early December 2024 infected more than 300 ostriches at the farm and killed nearly 70 birds within weeks. The CFIA described the incident as "unprecedented" and warned of risks to animal and human health as well as to trade in Canada's poultry sector.

Farm representatives pleaded with the courts to spare the birds. In a social‑media video before the hearing, Pasitney urged the Supreme Court to block the cull, saying the birds were healthy and that the farm had cared for them for decades:

"Supreme Court of Canada, they are healthy. They are everything that we have and everything that we loved for 35 years, please stop."

After the ruling, Pasitney posted another emotional video showing the farm owner in tears and saying the family would lose what they had built over 35 years.

The case attracted international attention. In May, U.S. Health Secretary Robert F. Kennedy Jr., together with senior U.S. health agency officials, wrote to CFIA urging officials to consider sparing at least part of the flock for scientific study. In July, Kennedy followed up by proposing collaborative research involving the CFIA, Canadian scientists, the U.S. National Institutes of Health and the Centers for Disease Control and Prevention.

Television personality Dr. Mehmet Oz — described in media reports as offering assistance — reportedly offered to relocate the birds to a ranch in Florida; the owners declined, according to the Canadian Broadcasting Corporation.

The CFIA said it will compensate the farm owners for the animals' value, offering up to $2,200 per bird once required documentation is submitted. The agency reiterated that its primary obligation is to protect animal and human health and to mitigate risks to trade.

What this means

The decision reaffirms federal authority to use depopulation as a disease‑control measure under the Health of Animals Act and underscores the tension that can arise between public‑health policy and individual farm owners during major disease outbreaks.