Despite being healthy for more than seven months, hundreds of ostriches will be killed following an avian influenza outbreak from last year.
Universal Ostrich Farm received the "devastating news that our final appeal was lost," spokesperson Katie Pasitney announced Aug. 21.
The Federal Court of Appeal ruled unanimously against the farm, following a hearing July 15.
"While we have considerable sympathy for them, the law we are bound to apply inevitably leads to the conclusion that this appeal must be dismissed," the decision reads, noting that it would lead to the death of 400 ostriches, "an outcome that would doubtless be very difficult both financially and emotionally."
Pasitney, whose mom co-owns the Edgewood farm, says that means at any moment, the Canadian Food Inspection Agency (CFIA) "could come and kill our healthy ostriches."
In the meantime, the farm is opening its gates and welcomes anyone who would like to come and peacefully visit and film when CFIA does arrive.
"Bring your cameras. Bring your hearts. Bring your voices."
Pasitney says the flock of nearly 400 has been healthy for 219 days, since the last of the 69 ostriches died Jan. 15.
"The CFIA has not stepped foot on our farm in over five months, but still claims there is a threat here," she said, adding they were not allowed to test the ostriches themselves and were threatened with jail time if they did.
"These animals are not just livestock. They are living beings that have thrived against all odds. They are a symbol of resilience, of natural immunity, and of what鈥檚 possible when we stand up against broken policies that destroy life instead of protecting it."
When it comes to highly pathogenic avian influenza (HPAI), the CFIA has a stamping out policy.
The outbreak at the ostrich farm was declared Dec. 31, 2024 and CFIA issued the cull order in January.
Since the animals appear to have developed immunity to the influenza, and as they are not used for meat, but for science, the farm has been fighting the cull order.
But Pasitney fears this is the end of their battle.
"The chance of us getting approved for Supreme Court is very low," she said, adding they will try to obtain an emergency stay order.
The appeal decision notes this is the first case of CFIA's stamping out policy being used on ostriches.
"HPAI is not as lethal in ostriches, especially older birds, as in other domesticated flocks, like chickens or turkeys, where most will die of an infection. However, according to the CFIA's evidence, infection in ostriches raises particular risks. Exposed and infected ostriches may show no clinical signs of disease but yet be shedding the virus and act as a reservoir for the further spread of infection to people, livestock and wildlife. Moreover, ostriches may contribute genetic mutations to avian influenza viruses that increase its adaptability to mammals."
