Supreme Court declines appeal as 400 ostriches to be depopulated

Canada's top court on Thursday declined to hear the final appeal from a British Columbia ostrich farm, removing the last legal obstacle to a federal order to depopulate about 400 birds at Universal Ostrich Farm in Edgewood after a confirmed outbreak of H5N1 avian influenza. The Canadian Food Inspection Agency said it will proceed with "complete depopulation and disposal measures as authorized" under the Health of Animals Act and its stamping out policy for highly pathogenic avian influenza.

The dispute began after laboratory tests confirmed H5N1 in two dead ostriches late last year and the CFIA issued a Notice to Dispose on Dec. 31, 2024. Seventy birds have died after an illness consistent with the virus, and federal courts have repeatedly upheld the CFIA's authority and procedure, finding the agency acted reasonably and fairly. The Supreme Court does not give reasons when it refuses leave to appeal.

The CFIA and federal judges contend that even apparently healthy ostriches can shed virus and pose a risk to other poultry, livestock, wildlife and humans. A federal court concluded that leaving the flock intact could facilitate further spread. The farm has argued that surviving...