Nearly 400 ostriches spared—for now—as Universal Ostrich Farm challenges CFIA order
A last-minute decision by the Supreme Court of Canada has temporarily stopped the destruction of nearly 400 ostriches at Universal Ostrich Farm in Edgewood, British Columbia.
The court granted an interim stay on Thursday, September 24, 2025, pausing the Canadian Food Inspection Agency’s (CFIA) cull order while the farm seeks leave to appeal a long-running legal dispute.
The farm, co-owned by Kaitlyn Pasitney, has been at the centre of a high-profile battle with the CFIA since December 2024, when an outbreak of highly pathogenic avian influenza (HPAI) led to the deaths of nearly 70 ostriches and triggered a federal order to destroy the remaining flock.
Pasitney announced the Supreme Court’s decision in a social media post, stating: “Our lawyer called. The Supreme Court of Canada has granted us an interim stay.”
The CFIA, supported by the RCMP, had already begun preparations to carry out the cull when the court’s order came through. While the stay halts the destruction, it does not remove CFIA personnel from the property. The agency retains legal custody of the birds and continues to maintain a presence on-site.
The situation escalated earlier this week when the CFIA, which had obtained a warrant to search the property earlier in the month, arrived to execute the warrant amid growing protest activity. In coordination with the RCMP, the agency has maintained operations under heightened security.
Pasitney and her mother, Karen Esperson, were arrested after refusing to leave the ostrich enclosure. Both were charged and later released. The RCMP’s Police Liaison Team remains active at the site to support lawful protest and facilitate communication.
What the Court Stay Means
The Supreme Court’s interim stay prevents the CFIA from enforcing its “stamping-out policy”—a mandatory depopulation protocol used during serious disease outbreaks—until the court decides whether to hear the appeal.
The CFIA has until October 3 to respond to the farm’s application. Universal Ostrich Farm will then have two days to submit a final reply. A decision from the court is expected shortly after, though no firm timeline has been provided.
Background: The Cull Order
The original cull order was issued under the Health of Animals Act, which gives the CFIA broad authority to contain and eliminate animal disease outbreaks. HPAI, particularly the H5 and H7 subtypes, poses serious risks to both animal and human health. A human case of H5N1 in B.C. earlier this year required hospitalization.
The CFIA says that allowing exposed birds to remain alive—especially in open-pasture settings—creates a risk of viral mutation or reassortment, increasing the threat to wildlife, domestic flocks, and people.
In May 2025, the Federal Court of Canada upheld the CFIA’s actions, ruling that the agency acted lawfully and reasonably. Universal Ostrich Farm is now seeking to challenge that decision at the country’s highest court.
The CFIA maintains that its disease control protocols are essential not only for public and animal health, but also for protecting Canada’s $6.8 billion poultry industry, which supports thousands of families and generates over $1.75 billion in exports annually.
The agency continues to work with the Province of British Columbia on HPAI response efforts and has not confirmed when—or if—the cull will proceed. Operational details remain confidential for biosecurity reasons.
The Supreme Court’s decision on whether to hear the appeal will determine the fate of the ostrich flock. Until then, the birds remain under CFIA custody, and the legal and public battle continues to draw national attention.