Blogs Mondaq Canada Close Cull: SCC Stays Cull Of Ostrich Farm Exposed To Avian Flu

Close Cull: SCC Stays Cull Of Ostrich Farm Exposed To Avian Flu

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On September 24, 2025, the Supreme Court of Canada (SCC) granted a temporary stay of the Canadian Food Inspection Agency's (CFIA) Notice to Dispose, which ordered the culling of approximately 400 ostriches exposed to an outbreak of avian influenza (H5N1) at Universal Ostrich Farms (Universal Farms) in Edgewood, British Columbia. The SCC's decision to stay the order pending appeal marks the latest development in a series of judicial reviews and appeals that have attracted national and international attention since early 2025.

Background

In December 2024, the CFIA received an anonymous report concerning multiple ostrich deaths (approximately 30 deaths in 3 weeks), at Universal Farms. Following CFIA intervention, the Canadian Animal Health Surveillance Network confirmed that two of the deceased ostriches had tested positive for H5N1 avian influenza. In response, on December 31, 2024, the CFIA issued a Notice to Dispose, mandating the culling of all affected ostriches by February 1, 2025.1

Ostrich deaths continued at Universal Farms, ultimately reaching 69 deaths, with the last death occurring on January 15, 2025. Universal Farms applied to the CFIA for an exemption of the Notice to Dispose, arguing that its ostriches possessed "rare and valuable genetics" that justified preservation. The CFIA denied the request for exemption, stating that the Universal Farms had provided...

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