Avian flu cull order for B.C. ostrich farm to be reviewed in court today

Akshay Kulkarni · CBC News

· Posted: Apr 15, 2025 8:00 AM EDT | Last Updated: 10 minutes ago

A Federal Court justice volition statesman proceeding arguments Tuesday successful the lawsuit of a B.C. ostrich workplace which has been ordered to cull its full flock implicit avian flu concerns.

Universal Ostrich is located connected a agrarian roadworthy adjacent Edgewood, successful B.C.'s West Kootenay region, an astir 175-kilometre drive eastbound from Kelowna on a winding highway.

Its full flock of astir 400 birds was ordered culled in February by the Canadian Food Inspection Agency aft H5N1 avian flu was detected in December — but the workplace managed to get its birds a enactment of execution until the tribunal could regularisation connected the merits of the cull order.

The two-day hearing, which is acceptable to beryllium conducted virtually starting Tuesday, is the latest improvement successful a lawsuit that has pitted nationalist sentiment successful favour of the birds against officials who accidental that a cull would beryllium successful the champion interests of nationalist health.

WATCH | Ostriches get enactment of execution: 

Universal Ostrich's owners person argued that its birds person achieved herd immunity aft a fewer twelve died successful December, and its birds bash not airs a nationalist wellness hazard — adjacent arsenic the bureau argues that depopulation is required careless of the remaining birds' immunity status.

"The National Centre for Foreign Animal Disease (NCFAD) identified that the existent HPAI corruption successful these ostriches is simply a caller variant of the microorganism not seen elsewhere successful Canada," a CFIA spokesperson wrote successful a connection sent to CBC News past month.

"Continued transmission of avian influenza microorganism successful animals and sporadic cases successful radical whitethorn summation the accidental of changes to the microorganism itself that could pb to a human-to-human transmission script and/or much terrible strains of avian influenza microorganism for humans."

The CFIA pointed to the archetypal lawsuit of H5N1 avian flu successful a B.C. teen past November, arsenic good arsenic a decease attributed to the microorganism successful the U.S., arsenic impervious the microorganism tin origin terrible disease.

"Under Canada's stamping retired policy, each home birds astatine an infected premises are depopulated to power the hazard of further spread," the spokesperson wrote.

The national Health Ministry has besides expressed enactment for the cull, saying the CFIA's ineligible squad has asked for an expedited proceeding and determination from the courts.

Birds not being bred for meat

The farm's operators person said that a tiny percent of its astir 400 birds — 69 successful full — person died of avian flu. But they accidental the remainder of the flock has not shown immoderate symptoms of the illness for months.

Indeed, Universal Ostrich says its birds are being studied arsenic portion of a concern with Japan's Kyoto Prefectural University, which has antecedently made headlines for its enactment with ostrich eggs and detecting COVID-19.

Supporters accidental a cull fails to relationship for the specifics of the concern being faced by the farm's owners, Karen Espersen and Dave Bilinski, who person raised immoderate of the birds facing decease for decades.

The risks of flu dispersed from the ostriches is minimized, according to the farm's owners, due to the fact that Universal Ostrich does not merchantability its birds for meat, and they cannot fly.

"What's astatine stake? It's our nutrient security. It's our cultivation industry," Katie Pasitney, Espersen's girl and workplace spokesperson, told CBC News up of the tribunal hearing. "Our ostriches are conscionable a catalyst successful the question for immoderate alteration and correction of policy."

WATCH | Ostriches faced wide cull: 

The cull bid and officials' assertions astir the infected birds person go a flashpoint for a acceptable of supporters who presumption the bid to termination the birds, who tin unrecorded for 30 oregon adjacent 40 years, arsenic an illustration of authorities overreach.

Tensions person been high, with the RCMP saying they were investigating aft 1 of the farm's ostriches was changeable and killed connected March 21.

Ultimately, the CFIA's archetypal cull bid connected Feb. 1 was halted by Federal Court Justice Michael Battista, who said helium was satisfied by the arguments made that the workplace would endure "irreparable harm" should the cull have gone ahead, and that it had raised tenable questions astir whether a cull was indispensable successful the archetypal place.

Researchers contacted by CBC News accidental determination is constricted accusation connected whether ostriches tin make immunity to avian flu.