Supreme Court declines to hear B.C. ostrich farm appeal over avian flu cull

The Supreme Court of Canada has refused to hear an appeal from the owners of a British Columbia ostrich farm challenging a federal order to destroy hundreds of their birds following an avian flu outbreak.

The Canadian Food Inspection Agency (CFIA) directed the cull on December 31, 2024, after detecting the virus on the property near Edgewood in B.C.’s southern Interior. The farm owners sought to overturn the order, arguing that the surviving ostriches showed no symptoms of infection and should not be euthanized.

Federal officials maintained that even apparently healthy birds can carry and transmit the virus, posing risks to other poultry operations and public health. The CFIA has custody of the flock, though the farm owners allege the birds were improperly seized by the agency and the RCMP.

The country’s top court had temporarily paused the cull while deciding whether to hear the case, but Thursday’s ruling clears the way for the CFIA to proceed. The agency has not yet confirmed when the cull will take place.