A last-minute interim stay issued by the Supreme Court of Canada has halted the destruction of nearly 400 ostriches at a British Columbia farm, pending the outcome of an application for leave to appeal a long-running dispute with the Canadian Food Inspection Agency (CFIA).
The stay, granted September 24, 2025, provides temporary relief for Universal Ostrich Farm in Edgewood, B.C., which has been at the centre of a high-profile legal and public battle since December 2024, when an outbreak of highly pathogenic avian influenza (HPAI) led to the deaths of nearly 70 ostriches and the issuance of a CFIA cull order.
Universal Ostrich Farm co-owner Kaitlyn Pasitney announced the Supreme Court’s decision in a social media post, writing:“Our lawyer called. The Supreme Court of Canada has granted us an interim stay.”
The CFIA had been on the farm preparing to carry out the cull, supported by the RCMP, when the order came through. However, the Supreme Court’s stay does not remove the CFIA from the property. The agency retains legal custody of the birds and is maintaining a presence while the case proceeds.
Tensions Rise Amid Legal Battle
The conflict escalated when the CFIA was granted a warrant to search the farm amid mounting protest activity and legal delays. It executed the warrent earlier this week. In coordination with the RCMP, the CFIA has maintained operations at the site under heightened security.
In an incident that drew significant media attention, Pasitney and her mother, Karen Esperson, were arrested earlier this week after refusing to leave the ostrich enclosure. They were charged and later released.
The RCMP’s Police Liaison Team has been active at the site, it says to support both the execution of the warrant as well as the lawful protest and communication between authorities and demonstrators.
What the Court Stay Means
The Supreme Court’s stay order, provided by the farm's legal counsel Umar Sheikh, prevents the CFIA from enforcing its “stamping-out policy” — a mandatory depopulation protocol used in cases of serious disease outbreaks — until the court either denies the application for leave to appeal or hears and rules on the case.
The CFIA has until October 3 to file its response to the application. The farm will then have two days to submit a final reply, with the court expected to make a determination shortly afterward, though no firm timeline has been provided.
Background: The Cull Order
The original order to destroy the flock was issued under the Health of Animals Act, the legislation that grants the CFIA broad powers to contain and eliminate animal disease outbreaks. HPAI, particularly H5 and H7 subtypes, is considered a serious threat to both animal and human health.
While the CFIA acknowledges the difficulty of such decisions, the agency maintains that the risk of mutation or reassortment of the virus—especially in flocks raised on open pasture near wildlife—necessitates strict containment measures. Human cases of H5N1 have been reported in B.C., including one instance earlier this year that resulted in hospitalization.
Following a judicial review in May 2025, the Federal Court of Canada upheld the CFIA's actions, ruling that the agency had acted lawfully and reasonably based on the evidence. Universal Ostrich Farm’s legal team has since sought to challenge that ruling at the country’s highest court.
CFIA’s Position
In a public statement earlier this year, the CFIA emphasized that its disease control protocols are not only about protecting public and animal health, but also about safeguarding Canada’s $6.8 billion poultry industry, which supports thousands of families and exports over $1.75 billion annually.
The agency continues to work in coordination with the Province of British Columbia on HPAI response efforts and maintains that depopulation is the most effective way to halt the spread of the virus from infected or exposed flocks.
CFIA has not confirmed when or if the cull will proceed, stating that operational details are not shared in advance.
What’s Next
The Supreme Court's decision on whether to hear the appeal will determine the future of the ostrich flock. Until then, the birds remain under CFIA custody, and the conflict between the farm and federal authorities continues to draw national attention.
What do you think? Small Farm Canada would like to understand the views of the farming community on this sensitive issue. If you live on a farm or work in the agriculture industry, please take our Small Farm Canada poll to share your views on the Ostrich cull.
Here are some of the comments that have been left by Small Farm Readers since the article was posted.
I don't think this is necessarily about the poultry industry anymore, if it really ever was. How the CFIA and the RCMP handled this has eroded trust of a lot of farmers and harvesters.
If they want collaboration and transparency it should be that way for both sides of the table and this is only about compliance.
I’m betting many smaller farmers reading this will be hesitant to offer any information to the CFIA going forward and they are probably even hesitant to even comment fearing retribution for their stance on this topic.
Another reader posted this comment:
Absolutely not! Do we go killing humans who get the flu? Healthy animals will fight the flu, unhealthy ones will die, its been happening in mother nature for 100s of years. Government needs to stop playing God.