CFIA says B.C. ostrich cull will go ahead despite regional district refusing to accept the carcasses

The Canadian Food Inspection Agency (CFIA) says it is going ahead with a cull of nearly 400 ostriches living in southeastern B.C. over fears of avian flu.

It doubled down on its decision on Saturday, despite the local regional district passing a motion earlier this week saying it will not accept the birds' carcasses at local landfills after they are killed until the CFIA conducts more tests on the birds and makes those results public.

The federal agency told CBC News it's aware of the motion.

"The CFIA will begin the humane depopulation and disposal of birds at the infected premises with veterinary oversight. Operational plans and dates will not be shared with the public in advance," the CFIA said in a statement.

"We have a duty to protect Canadians from the serious potential risks that avian influenza presents to our people and our economy."

Community rallies for birds

The owners of Universal Ostrich Farm had been fighting the cull order in court but a federal judge recently ruled that the CFIA can proceed.

Katie Pasitney, spokesperson for the farm owned by her parents, said she's disappointed with the CFIA's decision and wants the agency to retest the birds.

"We can prove to you we pose no public health and safety risk," she said in an interview Sunday.

"There's a family sitting here trying to do the right thing. We put our feet on the ground every morning. We pray, we open our hearts that there's hope that the Canadian Food Inspection Agency would revisit their [decision]."

The order to have the birds killed has attracted the attention of hundreds of supporters, who have made monetary donations to the farm's legal fund and held rallies in favour of saving the ostriches.

The owners of Universal Ostrich, in Edgewood in southeastern B.C., argue the birds that have survived the outbreak are happy and healthy and could provide valuable insight into fighting the disease.

The farm said a total of 69 ostriches are reported to have been killed by avian flu but it said the last death came in January and in the time since none of the remaining birds have been exhibiting symptoms of disease.

A number of supporters have gathered at the farm in anticipation of a standoff with the CFIA. Videos and photos posted on social media show dozens of people, tents, caravans and vehicles on the property, with flags and banners draped on fences.  

One of the protesters, Jim Kerr, said more than 200 people showed up on Saturday to oppose the cull, and the plan at this moment is to stay "peaceful, loving, and lawful." 

But Kerr said that doesn't mean they will make it easy for the authorities if they come by, saying the group intends to "slow them down" or catch them doing anything that would be "deemed to be against the law."

Opponents of the cull have been shooting videos and livestreaming from the farm over the weekend, with one person saying on a video that they will take on a "much more serious long-term activism role."

The farmers' cause has also been mentioned by U.S. Health Secretary Robert F. Kennedy Jr., who told a New York radio show last month he was "horrified by the idea that they are going to kill these animals."

The CFIA said in a weekend statement that under the Health of Animals Act, if an owner refuses to meet the depopulation requirements outlined by the CFIA, the agency could move forward with depopulation itself or use a third-party contractor. 

The authority says this could mean withholding part or all compensation for the depopulation from the owners. 

The court decision says the farm could be compensated up to a maximum of $3,000 per ostrich.

Premier 'frustrated' with CFIA

B.C. Premier David Eby also weighed in on the matter on Wednesday, saying he was "frustrated" that the CFIA won't make decisions on a case-by-case basis.

More than 8.7 million birds have been culled in B.C. at hundreds of farms, most of them commercial, since the first outbreak of a highly contagious form of the avian flu in the spring of 2022. 

The cull at Universal Ostrich was first ordered on Dec. 31, 2024, after avian flu was detected in several birds at the farm.

But the farm managed to stave off that cull through a court injunction that allowed both sides to make their case before a federal judge in April.

Though Federal Court Justice Russel Zinn wrote that he has "considerable sympathy" for the farmers, he also found that the CFIA ordered the cull after following proper procedure and its mandate to attempt to stop the spread of the deadly bird virus.