VICTORIA — Universal Ostrich Farms plans to appeal to the Supreme Court of Canada to halt the culling of 400 ostriches affected by avian flu. The farm's spokesperson, Katie Pasitney, expressed hope for a chance to present their case after a recent ruling by Federal Court of Appeal Justice Gerald Heckman allowed the cull to proceed.

The Canadian Food Inspection Agency (CFIA) initially ordered the slaughter on December 31, 2024, during an outbreak of H5N1 avian flu that resulted in the deaths of 69 ostriches. The farm has been contesting the cull for several months, facing setbacks in both Federal Court and the Federal Court of Appeal. Following the latest ruling, Pasitney described the situation as an “open cull order.”

On Saturday morning, about 20 supporters gathered outside the farm in Edgewood, B.C., awaiting updates. "Everybody’s just offering tons of love and support to one another," Pasitney said. "Everybody’s here in unity and strength for standing up for something that we all believe in — these animals shouldn’t die."

Pasitney stated that the farm intends to file its application to the Supreme Court "immediately." However, Justice Heckman noted in his ruling that the farm has not demonstrated sufficient grounds for further appeal. He emphasized that the harm to the public interest must be considered, stating, "The CFIA must now be allowed to discharge the mandate conferred on it by Parliament and implement its lawful policy."

Heckman acknowledged the farm's opportunity to challenge the cull but also expressed sympathy for their situation, saying, "Judges don’t have hearts of stone." The CFIA has indicated that the ostriches and their living conditions pose ongoing risks, while the farm argues that the birds are healthy and have developed "herd immunity."

The case has attracted attention from critics of government intervention, including U.S. health secretary Robert F. Kennedy Jr., who has advocated for the ostriches to be spared and studied. Pasitney mentioned that this option remains viable, adding that she has not yet received any communication from the CFIA or the federal Ministry of Agriculture and Agri-Food following the recent ruling.