Supreme Court Backs CFIA Ostrich Farm Cull

CFIA proceeds with avian flu depopulation to protect poultry health

Agency staff began rounding up the birds mid-afternoon on November 6, corralling the ostriches into an enclosure made of hay bales about three to four metres high. The cull order was originally given ten months ago, on December 31, after lab tests confirmed the presence of highly pathogenic avian influenza. The outbreak had already killed about 70 birds.

The farm owners challenged the Canadian Food Inspection Agency (CFIA) order in court but lost both in Federal Court and later at the Federal Court of Appeal. After several stays delayed enforcement, the Supreme Court of Canada recently dismissed Universal Ostrich Farms’ final appeal, clearing the way for the CFIA to act.

The CFIA announced it would move forward with depopulation and disposal measures authorized under the Health of Animals Act, guided by its stamping out policy for avian influenza.

Both lower courts confirmed that CFIA’s actions were reasonable and procedurally fair in applying disease control measures to protect animal and public health.

The agency reminded all individuals that obstructing CFIA inspectors is an offence under subsection 35(1) of the Health of Animals Act, which could lead to prosecution. Transport Canada also issued a notice restricting airspace, including drone use, above the farm to maintain operational safety.

The agriculture community was split regarding the cull issue. In September, Farms.com asked farmers “Are you in favour of the Surpreme Court of Canada’s last-minute stay?” Almost 45 percent of farmers who responded said they were in favour of the stay, almost 25 percent then were not in favour, and 30% indicated they were ambivalent. (Read: Poll Reveals Mixed Public Sentiment on BC Ostrich Cull Decision).

CFIA’s says the stamping out policy aims to protect human and animal health while safeguarding Canada’s poultry sector, which contributes $6.8 billion domestically and supports $1.75 billion in exports. CFIA says its decision reinforces confidence in Canada’s biosecurity system and ensures continued access to international markets vital for farm families and the national economy.

For a detailed history of the case read: Supreme Court Halts Ostrich Cull in B.C. Amid Avian Flu Dispute