The Supreme Court of Canada has refused to hear an appeal regarding the proposed culling of British Columbia’s ostrich flock, which has attracted the attention of U.S. Health Secretary Robert F. Kennedy Jr. and his “Make America Healthy Again” campaign.
The court’s rejection clears the way for the flock of about 330 ostriches to be culled. The Canadian Food Inspection Agency (CFIA) ordered the birds to be euthanized in late December 2024 after highly pathogenic avian influenza was detected on the farm.
In a statement released Thursday, the CFIA confirmed that it will proceed with euthanasia of the ostriches under a “culling” policy, which involves killing infected or exposed animals in the event of a disease outbreak. The date was not disclosed in the statement.
“This is the saddest day in Canadian history,” Katie Pasitney, a spokeswoman for Universal Ostrich Farms and the daughter of one of its co-owners, told CNN shortly after the court was announced.
Universal Ostrich Farm in Edgewood, British Columbia, said it is raising the animals to study their ability to produce antibodies that fight disease. The farm has been embroiled in a legal battle with the CFIA for nearly a year over the issue.
The CFIA called the ostrich farm’s research claims “unsubstantiated” and said it had “not received any evidence of research activity” at the ostrich farm, and that it had “not conducted any research to show that the ostrich flock currently in quarantine has the unique ability to produce antibodies-containing eggs.”
The farm’s appeal to save the ostriches from slaughter was heard by Kennedy and other Trump administration officials.
After meeting with Canadian officials in May, President Kennedy wrote a letter asking the CFIA to “consider not culling entire ostrich herds,” noting that ostriches could be used to study “antibody levels and cell-mediated immunity” to develop treatments for the disease.
“We believe there is great value in studying this population,” Kennedy added.
CNN has reached out to President Kennedy’s office for comment on the court’s decision.
Pasitney told CNN that she connected with Kennedy through John Catsimatidis, a Republican supermarket mogul and lifelong New Yorker who inherited the Canadian farm idea.
A spokesperson for the businessman who spoke to CNN’s broadcast partner CBC said Mr. Catsimatidis funded legal representation for the farm and said Thursday’s outcome was an example of “government overreach.”
CNN has reached out to Catsimatidis for comment.
An expert on avian virology told CNN that the Canadian government’s order to cull entire flocks is in line with standard avian influenza mitigation efforts.
“When you have an exotic animal disease in a country, like Newcastle disease or avian influenza, the first thing you do is stop the spread of the disease,” said Rodrigo Gallardo, professor of poultry medicine at the University of California, Davis School of Veterinary Medicine. “For that to happen, we need to euthanize the infected herd.”
The Canadian government placed the ostrich farm and its animals under control in September. Many people continued to protest outside the farm’s fence, and the CFIA warned farm supporters not to disrupt government operations or fly drones over the property.
On Thursday, an emotional Pasitny told CNN that about 100 supporters had gathered at the farm to protest the decision. “These animals don’t deserve to die,” Pasitny said. “They are part of our family.”
“The CFIA has respected all orders and decisions of the courts throughout the legal process,” the agency said Thursday, “and we expect ostrich farm owners and supporters to do the same now that the Supreme Court of Canada has issued its ruling.”
In ordering the culling, the CFIA reiterated the need to prevent damage to the country’s nearly $7 billion poultry industry.
British Columbia has been hit more by bird flu than any other province in Canada, with an estimated 11.439 million birds affected as of Oct. 28, according to CFIA statistics. The next closest province, Alberta, has an estimated 2 million birds affected.
