Federal Appeal Court grants B.C. ostriches stay of cull pending review

A flock of nearly 400 ostriches in B.C. that gained international fame after they were ordered to be culled have been given a stay of execution.

A flock of nearly 400 British Columbia ostriches that gained international fame after they were ordered killed due to an avian flu outbreak have been given a stay of execution — at least for now.

The Federal Court of Appeal has granted the stay that pauses the potential cull at Universal Ostrich Farm in Edgewood, B.C., which was ordered by the Canadian Food Inspection Agency in December and has become embroiled in court processes.

Court records show a motion to pause the cull, pending an appeal, was granted Friday in Ottawa.

Katie Pasitney, whose mother, Karen Esperson, co-owns the farm, announced the pause in an online video from the farm in southeast B.C.

Supporters on the farm could be seen hugging and celebrating the news.

“You guys are safe until the appeal, we’re going for the appeal,” she said, referring to the pasture of large birds.

“We got this. We’re going to change policy, we’re going to change laws.”

She said the stay would be for about another month during the appeal process.

The farm’s owners have argued the animals have developed herd immunity against avian flu and are valuable to science.

The inspection agency has said the type of avian flu infection at the farm is a mutation not seen elsewhere in Canada. It remains firm about the need to cull the herd.

“There is no safe and feasible alternative to disposal of the ostriches at (Universal Ostrich Farm) that could effectively address the current risks to animal and human health posed by the outbreak,” Dr. Cathy Furness, deputy chief veterinary officer for Canada, said in an affidavit.

Her affidavit says the agency typically culls birds after a positive test for avian flu within three days, but due to the “protracted disease response (and) time associated with these legal proceedings,” environmental contamination has occurred for substantially longer at the farm than on any other premises subject to the agency’s rapid disease response.

“The quick destruction of infected and exposed birds prevents a large amount of virus from accumulating on the infected premises,” the affidavit says.

Dr. Furness’ affidavit also says social media evidence indicates the farm hasn’t been complying with quarantine requirements, but the owners have appealed violation notices issued by the agency to the Canadian Agricultural Review Tribunal.

“Karen Esperson has been sleeping in a vehicle within the quarantined premises, which contravenes the quarantine requirements,” the affidavit says.

“Members of the public have also posted images on social media platforms which demonstrate that they are in very close proximity to ostriches and within the quarantined area.”

Universal Ostrich Farm, in court submissions, claimed the cull would cause “irreparable harm,” arguing that the case needed to be heard.

“(Universal Ostrich Farm) is not facing a mere downturn in profits; it is facing extinction,” the farm’s submissions said. “The (Canadian Food Inspection Agency’s) culling decisions will, without question, put (Universal Ostrich Farm) out of business.

“The flock, comprising approximately 400 ostriches, is the largest in Canada and forms the entire productive asset of the company.”

In a written post on Facebook, Pasitney thanked supporters.

“We are stronger together and as we go through the next phase of this battle this is where we get our second wind and come back together,” she said.

The plight of the ostriches has brought international attention to the farm, with protesters staying on the property to prevent the cull and activists decrying what they call government overreach.

This report by Ashley Joannou and Darryl Greer, The Canadian Press, was first published June 20, 2025.