A federal court has upheld an order from the federal government to kill 400 ostriches on a family farm in British Columbia.Justice Russel Zinn sided with the Canadian Food Inspection Agency, which had previously sought to have the birds culled."We are absolutely devastated to share today's Federal Court decision," the farm wrote in a post on Facebook. "The court ruled in favour of the Canadian Food Inspection Agency, upholding their order to destroy our beloved ostriches and rejecting our plea to save them."The farm explained that the judge had "accepted the CFIA's justification under the Health of Animals Act and their use of the Stamping-Out Policy, which mandates the destruction of animals to control disease outbreaks, regardless of their health status."."The court confirmed the CFIA's approach," they lamented, "prioritizing trade obligations over the welfare of our animals."In addition to having their birds killed, the farm has also been ordered to pay $15,000 of CFIA's legal costs."We are heartbroken by this outcome and uncertain about the future of our farm," they added. "As we navigate this incredibly difficult time, we ask for your patience and continued support. If you are able, please consider making a donation to help us manage the financial and emotional toll this has taken."."Beyond the economic loss, the destruction of a long-established ostrich population is also a source of emotional distress, particularly given the decades of work and investment the principals have dedicated to breeding and raising their flock," Zinn wrote in his decision. "I have considerable sympathy for them. Nonetheless, such personal losses must be weighed against the broader public interest in protecting public health and maintaining trade stability."He went on to note that "avian influenza is a virus capable of causing serious harm to both animals and humans, with significant implications for Canada's poultry businesses and international trade status," and as such, "Parliament has authorized the CFIA to act decisively making swift decisions with far-reaching consequences, often under conditions of scientific uncertainty.".The saga began in December 2024, when an avian flu outbreak was declared at the farm. Co-owner Karen Espersen said she believed the disease was brought to their property by a flock of migrating ducks, who took shelter in the barn.Initially, the farm saw as many as four ostriches dying per day, but eventually the deaths petered out. Pasitney said this was evidence that the birds had acquired herd immunity.Nonetheless, when the CFIA got wind of the outbreak in December, they sent a team out to investigate, and after testing two carcasses, determined that the entire herd had to be culled. This was incomprehensible to the owners and their families, who have developed strong relationships with each individual bird..BC ostrich farm seeking support as feds continue to push for slaughter of 400 healthy birds. The CFIA ordered the birds killed by February 1 after two of their deceased herd-mates tested positive for H5N1, better known as avian flu. It was only on January 31 that the emergency injunction was filed, calling for a judicial review to be completed before any animal was slaughtered.
