OTTAWA — The Federal Court of Appeal has rejected a request to delay the culling of approximately 400 ostriches at a farm in British Columbia. This decision follows an outbreak of avian influenza at the facility.

Katie Pasitney, a spokesperson for Universal Ostrich Farms, stated that the ruling means an interim stay, which had been granted last weekend, is no longer in effect. This leaves the farm in Edgewood, B.C., without legal protection against the cull.

The Canadian Food Inspection Agency (CFIA) ordered the slaughter of the ostriches on December 31, 2024, after an outbreak of H5N1 avian flu resulted in the deaths of 69 birds. The farm has been contesting the cull order since it was issued, but it has lost its case in both the Federal Court and the Federal Court of Appeal.

The farm sought another stay to prepare a challenge at the Supreme Court of Canada. However, the Appeal Court denied this request. Justice Gerald Heckman dismissed affidavits submitted by the farm in response to the CFIA's arguments regarding the stay application, citing adherence to court rules.

The situation remains critical for Universal Ostrich Farms as they navigate the legal challenges surrounding the cull order.