A legal dispute is unfolding at Universal Ostrich Farms in southeastern British Columbia, where the Canadian Food Inspection Agency (CFIA) ordered the culling of ostriches due to an outbreak of H5N1 avian flu. The order was issued on December 31, 2022, after the disease was detected, likely transmitted by wild ducks visiting the farm. Approximately 70 of the farm's 450 ostriches died from the outbreak, but the owners claim the last sick bird died on January 15, 2023, and assert that the remaining birds are healthy.

The farm has been breeding ostriches for decades, selling their meat, showcasing them to tourists, and supplying the scientific community with their large eggs. The owners are distressed by the prospect of losing their flock and starting over, a concern shared by many in animal husbandry. Unlike cattle or chickens, ostriches have longer lifespans and exhibit distinct personalities, which has helped the farm garner support from public figures and animal rights advocates.

The legal battle has escalated, reaching the Supreme Court of Canada. The court has temporarily stayed the CFIA's order to destroy the birds while it considers the case. This decision follows previous rulings from the Federal Court and the Federal Court of Appeal, which upheld the cull order. The legal arguments center around whether the CFIA's decision was reasonable and fair. The farm's lawyers are attempting to demonstrate that the CFIA's actions were unjustified, but judges have indicated they cannot intervene in the decisions made by inspectors and veterinarians.

The farm is advocating for the CFIA to reconsider its culling order and conduct tests on the surviving birds. Some scientific support exists for the idea that ostriches can recover from avian flu and become virus-free. However, if they are deemed a potential reservoir for the virus, their destruction may be necessary for public health.

The CFIA does provide compensation for farmers affected by disease culls, but the payout is capped at $3,000 per ostrich. The farm's owners have argued that their flock possesses unique genetic traits that should exempt them from the cull, but they have struggled to provide sufficient evidence to support this claim.

Justice Russel Zinn noted that the farm's submissions focused more on commercial applications and business plans rather than the scientific validation needed to prove the genetic distinctiveness of the birds. The owners have also suggested that the flock may have developed immunity from a previous illness outbreak in 2020, but they did not report that incident or test the birds at the time.

The ongoing legal proceedings highlight the complexities of animal health regulations and the challenges faced by farmers in protecting their livestock amid disease outbreaks.