A British Columbia ostrich farm has received a temporary reprieve from the looming threat of having approximately 400 of its birds culled due to avian flu concerns. Justice Michael Battista of the Federal Court granted the stay on the cull order issued by the Canadian Food Inspection Agency (CFIA) on January 31, 2025, allowing Universal Ostrich Farms Inc. to pursue judicial review of the CFIA's decision.
During Friday’s proceedings, Justice Battista articulated the risks involved with moving forward with the cull before the matter can be thoroughly addressed, stating it "would expose the applicant to irreparable harm." This ruling offers the farm's owners, Karen Espersen and Dave Bilinski, hope as they continue to fight against the cull order tied to the avian flu outbreak discovered at their facility.
Lawyer Michael Carter, representing Universal Ostrich Farms Inc., argued during the court hearing for exemption from the cull order. He emphasized the unique genetics of the ostriches, which are currently part of valuable research linked to antibody studies. This research discusses the application of ostrich antibodies to combat infectious diseases, including the potential to contribute to advancements against avian flu itself.
Upon hearing the ruling, emotional relief washed over the owners, who had faced the overwhelming prospect of losing decades of work. Their sentiments were shared by Katie Pasitney, Espersen's daughter, who expressed to reporters, "It's been a lot of sleepless nights, and it's been a lot of long days, not knowing if we were looking at having to see 35 years of 400 animals get unnecessarily murdered, killed." Pasitney noted how supporters of the farm were planning to gather to celebrate the positive turn of events, all whilst adhering to the farm’s quarantine guidelines.
Despite the positive outcome of the court ruling, the threat looms large over the farm. The CFIA, which issued the cull order after two dead ostriches tested positive for avian influenza on December 30, 2024, argues its position is rooted firmly in public health safeguards. During the hearing, CFIA’s lawyer, Paul Saunders, stressed the necessity of culling entire herds to mitigate the risk of virus transmission and potential mutations, stating, "There is a risk of human transmission. There is a risk of illness and death." This underpins the agency’s rationale for the drastic measure and highlights the tension between agricultural practices and public health concerns.
Earlier this month, the CFIA rejected the farm's application for an exemption based on the distinctive genetics of its ostriches, which are part of important research conducted with Dr. Yasuhiro Tsukamoto of Kyoto Prefectural University, who is known as Dr. Ostrich. For years, Tsukamoto has been extracting COVID-19 antibodies from ostrich eggs, building on his previous successes using ostrich egg yolk to block infectious diseases. His research may pose significant benefits not just for avian flu but potentially extend to combating other infectious agents as well.
Notably, court documents reveal harrowing statistics, showing 69 of the 450 ostriches on the farm have already died from showing symptoms of avian influenza since mid-December 2024. This alarming reality only heightens the emotional stakes as the farm awaits the outcome of the judicial review and its next steps.
Justice Battista’s ruling may have temporarily shielded the ostriches from immediate culling, but the path to resolution remains uncertain. The judicial review process will examine the CFIA’s decision on its merits, and as of now, farm representatives await notification of when the hearing could take place.
On Saturday, farm supporters were expected to gather at the site, respecting quarantine protocols, yet still wanting to express solidarity with the owners and the ostriches. Pasitney noted, "Ostriches love people. They're very curious. They're very interested in people and they love music, so I'm sure everybody is going to see the ostriches all lined up along the road, at the fence, watching what's going on tomorrow." The deep connection between the farm's inhabitants and its caretakers has always been self-evident and, for now, it appears this bond may continue.