Don’t Cull Hope: Test B​.​C.’s Immune Ostriches!

Recent signers:
Octavio Ciraiz Azurdia and 19 others have signed recently.

The Issue

A Heartbreaking Crisis : In Edgewood, B.C., Universal Ostrich Farm faces a devastating CFIA order to cull 400 healthy ostriches due to an H5N1 avian flu outbreak detected in December 2024. These majestic birds, bred for over 35 years are not food animals but research partners with Kyoto Prefectural University, studying antibodies to fight H5N1 and other diseases. (Vernon Matters : https://vernonmatters.ca/2025/01/15/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak/?utm_source=chatgpt.com Despite 282 days (9 months, as of Oct 9, 2025) without symptoms and evidence of immunity, the CFIA insists on their destruction. (National Post : https://nationalpost.com/opinion/terry-newman-over-300-ostriches-to-be-put-to-death-they-may-not-even-be-sick We need your help to stop this injustice and preserve a scientific treasure.

Why This Matters

Expert Support : Dr. Steven Pelech, a UBC neurology professor since 1988 with over 35 years in virology and immunology, founded Kinexus Bioinformatics and authored 240+ peer-reviewed papers. (Vancouver Coastal Health Research Institute : https://www.vchri.ca/researchers/steven-pelech  He argues the ostriches are likely immune, urging testing over culling. (Rebel News : https://www.rebelnews.com/scientist_sounds_alarm_over_canada_s_decision_to_kill_ostriches_likely_to_have_herd_immunity 

Research Significance : The ostriches’ survival and antibody production make them a global asset for H5N1 research, as highlighted by epidemiologist Nicolas Hulscher of the McCullough Foundation. In a March 2025 interview, Hulscher warned that culling these birds risks losing critical insights into natural immunity, with devastating impacts for medical science and Canada’s research community (Focal Points : https://www.thefocalpoints.com/p/canada-orders-mass-culling-of-400) On May 23, 2025, U.S. Health Secretary Robert F. Kennedy Jr., alongside FDA and NIH leaders, urged the CFIA to spare the flock, proposing a collaborative study of their immune response that could lead to new vaccines and therapeutics for avian flu. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-rfk-jr-1.7543030

Update : Sept 19, 2025 - Three Additional Important Points To Consider (Scientific, Legal, and Diplomatic) As The Cull Is Imminent

1. CFIA's "Stamping-Out" Policy Is Tailored for Industrial Poultry Operations

The Canadian Food Inspection Agency (CFIA) enforces a "stamping-out" policy for managing highly pathogenic avian influenza (HPAI), which aligns with the World Organisation for Animal Health (WOAH) Terrestrial Animal Health Code. This approach mandates the depopulation of infected or exposed birds to prevent disease spread. However, this policy is designed for large-scale, industrial poultry operations and are not suitable for unique situations like that of Edgewood Farms. The ostriches at Universal Ostrich Farms are not part of the commercial poultry industry; they are rare, isolated, and involved in significant scientific research. Applying a standardized, industrial-focused policy to this exceptional case is not appropriate.

2. CFIA's Exemption Protocol for Rare and Genetically Valuable Birds

CFIA policy does provide a pathway for exemptions from depopulation under exceptional circumstances. Specifically, the "Distinct Unit Request Package" allows for the separation of barns from the epidemiological unit if they are physically and functionally distinct and have been so for at least 21 days prior to the onset of clinical signs. Given that Edgewood Farms' ostriches are isolated, healthy, and part of valuable genetic research, they should qualify for such an exemption. The farm has applied for this exemption, but the CFIA denied the request, despite the unique status of the flock and its scientific importance.

3. Opportunity for Canada-U.S. Collaboration on Avian Influenza Research

The United States is Canada's largest trading partner, and maintaining strong diplomatic and trade relations is crucial. U.S. health officials, including Robert F. Kennedy Jr. and Dr. Mehmet Oz, have intervened in this case, urging Canadian authorities to reconsider the culling of the ostriches. They argue that preserving the flock could contribute to research on avian influenza and the development of potential vaccines, benefiting both countries. This situation presents an opportunity for Canada to demonstrate international cooperation and scientific collaboration, reinforcing its commitment to public health and strengthening ties with its primary trading partner.

Federal Appeals Court Ruling and Logical Rebuttal

* Sept 12, 2025 - Honourable Gerald Heckman Rules Universal Farms Failed To Establish A "Serious or Arguable Issue" That Needs To Be Addressed By The Supreme Court Of Canada 
- https://www.princegeorgecitizen.com/national-news/judge-says-ostrich-cull-must-be-allowed-to-proceed-rejects-bc-farms-bid-for-stay-11204565

1. “No serious or arguable issue for Supreme Court review”

Judge’s point: The farm failed to raise a serious legal issue that merits consideration by the Supreme Court of Canada.

Counterpoint: The issue is not trivial — it involves how federal disease-control policy is applied when scientific uncertainty exists. The CFIA admits it does not know if the ostriches are still infected, or if immunity exists. This is precisely the kind of precedent-setting issue that should be examined at the highest court: Does “precautionary killing” override science and proportionality, even when testing could clarify risk? That is clearly arguable.

2. “The farmers had a full and meaningful opportunity to challenge the cull and failed”

Judge’s point: The farm already had multiple chances in Federal Court and Federal Court of Appeal.

Counterpoint: Procedural reality suggests otherwise. The farm’s critical evidence (on herd immunity, proportionality, scientific uncertainty) was excluded, while the CFIA was allowed to submit new evidence late in the process. The farm wasn’t permitted to rebut or respond, creating a structural imbalance. A process that silences one side while amplifying the other cannot reasonably be called “meaningful.”

3. “The harm to the public interest outweighs the harm to the farm”

Judge’s point: The risk to animal and human health outweighs the farm’s losses.

Counterpoint: The CFIA’s own affidavit concedes they do not know if the flock is currently infected or shedding virus. No evidence has been produced of transmission to humans, pets, or nearby flocks from these ostriches. In fact, the birds have lived symptom-free for 8 months through one of the hottest summers on record — conditions in which the virus cannot survive for more than 4–6 months. Meanwhile, the farm’s harm is irreparable: the loss of 400 healthy, potentially immune ostriches and unique research value. Public interest is better served by studying survivors to advance science, rather than blindly culling them.

4. “CFIA must be allowed to discharge its mandate under Parliament’s authority”

Judge’s Point: The CFIA must be allowed to carry out its lawful mandate to protect public health and prevent disease spread.

Counterpoint: Lawful mandates aren’t absolute. Courts are the safeguard against overreach, ensuring mandates are applied fairly and proportionately. Here, the CFIA’s decision was based on minimal testing and admitted scientific uncertainty about infection persistence, reinfection risk, and immunity. Destroying the flock extinguishes opportunities for research that could benefit both science and future disease management. Judicial deference in such a case erodes the very oversight function courts exist to perform.

5. “The CFIA’s affidavit shows a novel, highly pathogenic strain”

Judge’s point: Furness’ affidavit said the virus strain was unusually virulent in lab tests.

Counterpoint: Lab mice data is not the same as real-world ostrich survival. Despite claims of “most virulent strain,” only 15% of the flock died during the initial outbreak — far below the 90–100% mortality normally seen with HPAI in poultry. That contradiction proves these ostriches have a unique resilience or immunity. Furness herself admitted CFIA does not know how long immunity may last in ostriches, making this a critical research opportunity. Killing the flock destroys evidence that could benefit both science and public health.

6.  Sympathy for the Farmers, but Policy Must Prevail

Judge’s Point: The court expressed sympathy for the farmers but said policy and law must take precedence.

Counterpoint: Sympathy without substantive oversight is hollow. Judicial review isn’t meant to rubber-stamp executive action, especially when irreversible harm is involved (loss of 400 ostriches, the farm’s livelihood, and valuable scientific data). A meaningful review would weigh whether the CFIA’s policy was proportionate and whether less extreme measures (expanded testing, quarantine, controlled study) could serve the public interest without total destruction.

7. Procedural Fairness and Judicial Oversight 

Judge’s Point : The process followed was adequate, and the CFIA acted within its legal framework.

Counterpoint : Procedural fairness is not a formality — it requires a real opportunity for both sides to present and respond. By excluding the farm’s core evidence and allowing one-sided late submissions from the CFIA, the process failed that standard. Judicial oversight is weakened when courts decline to examine the substantive merits of government action, especially in cases of irreversible harm. Without fairness, the promise of judicial review becomes hollow.

The CFIA’s Flawed Case and The Rebuttal

* September 10, 2025 - CFIA Deputy Chief Veterinary Officer Cathy Furness Arguments Supporting Culling
- https://www.cbc.ca/news/canada/british-columbia/bc-ostrich-farm-avian-flu-case-1.7630656

“Ostriches may still be infected or shedding virus”
CFIA claim: Ostriches can “silently shed” avian influenza, so the flock could still pose a risk. (

Counter: The ostriches have been symptom-free for over 282 days (9 months, as of Oct 9, 2025). Decades of immunology research show that birds recovering from avian influenza develop strong immunity and stop shedding virus after recovery. Cathy Furness herself admits the CFIA does not know whether the birds remain infected, highlighting the lack of evidence for any ongoing risk. “Silent shedding” only occurs during active infection, which has clearly ended. Additionally, this past summer was exceptionally hot in B.C., which drastically reduces virus survival compared to the “low temperatures” CFIA cites. There is no evidence of any current infection, making the CFIA claim speculative at best.

“Environmental persistence risk”
CFIA claim: The virus can survive 4–6 months in manure, water, and feathers, creating a reinfection risk.

Counter: The ostriches have been healthy and asymptomatic for over 8 months, exceeding the documented environmental survival window. Furthermore, Cathy Furness emphasizes that the virus survives only at low temperatures; this summer’s record heat in B.C. would have inactivated any residual virus in the environment. The ostriches are isolated from wild or domestic birds, so the probability of reinfection is essentially zero.

“Inadequate biosecurity / non-compliance with quarantine”
CFIA claim: The farm allegedly failed to comply fully with quarantine orders, posing a risk.

Counter: No specifics are provided to demonstrate harm or risk from this alleged non-compliance. Despite any administrative lapses, the birds have been symptom-free for over 282 days (9 months, as of Oct 9, 2025), showing no evidence of disease transmission. Punishing fully recovered, immune animals for past administrative issues is neither logical nor ethical.

“Highly virulent strain”
CFIA claim: The strain in December was among the most virulent observed.

Counter: This is irrelevant to current risk, as the birds have fully recovered and developed immunity. Virulence of a virus in the past does not justify killing healthy, immune animals. Kathy Furness herself admits CFIA does not know if ostriches will remain infected or become reinfected, and testing could resolve this uncertainty—yet CFIA refuses additional testing.

“Cull requirements already met”
CFIA claim: Requirements for a cull were met on December 31, 2024, based on tests of two deceased birds.

Counter: Two tests of two dead birds cannot determine the infection status of the entire flock of 400 ostriches, nor does it establish ongoing risk. The CFIA policy explicitly does not allow for additional testing, which reads more like rigid dogma than a science-based approach. This prevents the opportunity to study immunity, viral shedding, and recovery in ostriches, which could yield invaluable research on avian influenza and potential vaccines. Killing the birds now destroys a once-in-a-lifetime research opportunity.

“Gaps in scientific knowledge”
CFIA claim: The duration of immunity in ostriches is unknown.

Counter: This is exactly the reason to preserve the birds, not kill them. Their survival provides a rare opportunity for scientific study to determine how long immunity to avian influenza lasts, both for ostriches and potentially for broader avian or zoonotic research. Eliminating the birds now ensures that these questions can never be answered, turning science into a casualty of bureaucratic rigidity.

 

1. “Public Health Risk” : CFIA claims the ostriches may spread H5N1 to humans, citing a 2024 B.C. teen’s case. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review 
Counter : The flock has been symptom-free for 282 days (9 months, as of Oct 9, 2025). The outbreak was a hybrid of low and high pathogenic avian flu, far less deadly than typical HPAI that kills entire flocks in 24 hours—only 15 percent died over 31 days, showing the farm’s ostriches aren’t the severe threat CFIA claims. (Save Our Ostriches : https://saveourostriches.com/press-releases/official-statement-from-universal-ostrich-farms-inc-may21-2025/ The teen, Joselynn, cited by the CFIA as justification, has recovered without infecting her family or pets, and her antibodies are being studied, proving survivors can be safely researched, not culled. (Rebel News : https://www.rebelnews.com/breaking_avian_flu_poster_child_joins_fight_to_save_b_c_ostriches_from_cull  No human cases are linked to the farm, and quarantine ensures safety. Testing could confirm no shedding. (Rebel News : https://www.rebelnews.com/b_c_ostrich_farmers_lose_court_battle_to_save_healthy_flock_mass_call_to_action 

2. “Viral Amplification” : CFIA argues the birds risk amplifying H5N1 in an open-air farm. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review
Counter : Dr. Scott Weese, Infection Disease Veterinarian Professor at the University of Guelph pointed out H5N1 is endemic in B.C.'s wild birds making culling ineffective. Isolation and quarantine minimize spread. Culling immune birds resets vulnerability. (Chek News : https://cheknews.ca/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak-1234053/ 

3. “Trade Stability” : CFIA says culling protects $7 billion poultry exports. (Everything GP : https://everythinggp.com/2025/04/06/with-8-7m-birds-dead-b-c-farmers-assess-avian-flu-toll-and-worry-about-whats-next/
Counter : The non-food farm’s small scale has negligible trade impact. (Save Our Ostriches : https://saveourostriches.com/about/  France's vaccination shows alternatives are possible. (The Conversation : https://theconversation.com/france-launches-bird-vaccination-scheme-amid-fears-of-a-repeat-of-h5n1-outbreaks-212203?utm_source=chatgpt.com 

4. “Scientific Uncertainty” : CFIA cites limited ostrich data, dismissing antibody tests. (CBC News : https://www.cbc.ca/news/canada/british-columbia/bc-ostrich-farm-edgewood-1.7429394
Counter : CFIA refused testing requests, blocking evidence. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-protest-1.7535367  The flock’s survival and Kyoto research demand study. (Surrey Now : https://www.surreynowleader.com/news/bc-ostrich-farm-showing-resistance-to-avian-flu-7748533 

5. “Regulatory Consistency” : CFIA denies exemptions to uphold strict disease control rules, ensuring compliance with international standards and avoiding risks to broader disease management.  (Canuck Law : https://canucklaw.ca/wp-content/uploads/Ostrich-Responding-Motion-Record-Expedited.pdf 
Counter : The farm's unique role justifies flexibility, as B.C. Premier David Eby urged, frustrated by CFIA's refusal to evaluate case-by-case. (CBC News : https://www.cbc.ca/news/canada/british-columbia/ostrich-eby-conservatives-1.7536359  A 2022 exemption proves it's possible (Yahoo News : https://ca.news.yahoo.com/protesters-gather-b-c-farm-234534966.html

6. “Biosecurity Deficiencies” : CFIA claims the farm's open-air enclosures and wildlife proximity increase transmission risk. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review
Counter : Quarantine since December 2024 and 282 days (9 months, as of Oct 9, 2025) without symptoms show containment. (Rebel News : https://www.rebelnews.com/b_c_ostrich_farmers_lose_court_battle_to_save_healthy_flock_mass_call_to_action Testing could confirm safety, but CFIA refuses. Farmers were threatened with $200,000 fine and 6 months in jail if they sought independent testing or treatment. (Druthers : https://druthers.ca/urgent-help-save-our-ostriches/ 

7. “Legal Mandate” : CFIA asserts its Health of Animals Act authority mandates culling, upheld as reasonable. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review 
Counter : The CFIA issued the cull order just 41 minutes after initial H5 results—tests detecting only the H5 subtype of avian flu—before N1 confirmation identified H5N1, showing a rushed process that ignored the need for a full diagnosis to justify culling. (Save Our Ostriches : https://saveourostriches.com/press-releases/official-statement-from-universal-ostrich-farms-inc-may21-2025/ Eby's call for flexibility and alternative strategies (e.g., vaccination) show exemptions are viable. (CBC News : https://www.cbc.ca/news/canada/british-columbia/ostrich-eby-conservatives-1.7536359  The farm's research value and prior exemption consideration justify reconsideration. (CBC News : https://www.cbc.ca/news/canada/british-columbia/bc-mlas-ostrich-cull-1.7531162

8. “Stamping Out Policy” : CFIA's "stamping out" policy requires depopulating all exposed birds to prevent H5N1 spread. (Global News : https://globalnews.ca/news/11184062/test-ostriches-avian-flu-bc-edgewood-cull/
Counter : The farm's non-food, isolated status and immunity evidence justify testing over culling, per Pelech and Hulscher. (TodayVille : https://www.todayville.com/canada-greenlights-mass-culling-of-400-research-ostriches-despite-full-recovery-from-bird-flu-months-ago/  H5N1's endemicity limits the policy's impact. (Chek News : https://cheknews.ca/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak-1234053/  Alternatives are viable, and prior exemptions show flexibility. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-protest-1.7535367

Broad Opposition : A diverse coalition opposes the cull, citing government overreach and the loss of a vital research asset:

Request : We urge Prime Minister Mark Carney, CFIA President Paul MacKinnon, CFIA Chief Veterinary Officer Dr. Mary Jane Ireland, Federal Minister of Agriculture and Agri-Food Heath MacDonald, Federal Minister of Health Marjorie Michel, B.C. Minister of Agriculture and Food Lana Popham, CFIA Director of Operations (Pacific Region) Hui Hang to :

  • Halt the cull immediately.
  • Conduct or allow independent testing, including PCR, antibody testing, and virus culture or autopsies, to confirm the ostriches’ health status and potential immunity.
  • Grant an exemption to preserve the flock for research.

We express our thanks and gratitude to Federal MP for Vernon-Lake Country-Monashee (representing Universal Farm's district), Scott Anderson for his long standing support of the Ostriches.

We express our thanks and gratitude to BC Premier David Eby for his statements encouraging the CFIA to treat unique situations differently than standard practices. We hope he will continue to speak out in favor of dealing with unique circumstances fairly and humanely. 

Contact Information : If you would like to contact the Decision Makers above by phone or email, please refer to Update #2

Join Us : Sign to save these ostriches and demand science over slaughter. Share to amplify our voice—the cull could begin at any moment. Let’s protect these birds, honor the farm’s legacy, and advance global health. Visit savetheostriches.com for more.

#SaveTheOstriches #TestDontKill #HerdImmunity

6,756

Recent signers:
Octavio Ciraiz Azurdia and 19 others have signed recently.

The Issue

A Heartbreaking Crisis : In Edgewood, B.C., Universal Ostrich Farm faces a devastating CFIA order to cull 400 healthy ostriches due to an H5N1 avian flu outbreak detected in December 2024. These majestic birds, bred for over 35 years are not food animals but research partners with Kyoto Prefectural University, studying antibodies to fight H5N1 and other diseases. (Vernon Matters : https://vernonmatters.ca/2025/01/15/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak/?utm_source=chatgpt.com Despite 282 days (9 months, as of Oct 9, 2025) without symptoms and evidence of immunity, the CFIA insists on their destruction. (National Post : https://nationalpost.com/opinion/terry-newman-over-300-ostriches-to-be-put-to-death-they-may-not-even-be-sick We need your help to stop this injustice and preserve a scientific treasure.

Why This Matters

Expert Support : Dr. Steven Pelech, a UBC neurology professor since 1988 with over 35 years in virology and immunology, founded Kinexus Bioinformatics and authored 240+ peer-reviewed papers. (Vancouver Coastal Health Research Institute : https://www.vchri.ca/researchers/steven-pelech  He argues the ostriches are likely immune, urging testing over culling. (Rebel News : https://www.rebelnews.com/scientist_sounds_alarm_over_canada_s_decision_to_kill_ostriches_likely_to_have_herd_immunity 

Research Significance : The ostriches’ survival and antibody production make them a global asset for H5N1 research, as highlighted by epidemiologist Nicolas Hulscher of the McCullough Foundation. In a March 2025 interview, Hulscher warned that culling these birds risks losing critical insights into natural immunity, with devastating impacts for medical science and Canada’s research community (Focal Points : https://www.thefocalpoints.com/p/canada-orders-mass-culling-of-400) On May 23, 2025, U.S. Health Secretary Robert F. Kennedy Jr., alongside FDA and NIH leaders, urged the CFIA to spare the flock, proposing a collaborative study of their immune response that could lead to new vaccines and therapeutics for avian flu. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-rfk-jr-1.7543030

Update : Sept 19, 2025 - Three Additional Important Points To Consider (Scientific, Legal, and Diplomatic) As The Cull Is Imminent

1. CFIA's "Stamping-Out" Policy Is Tailored for Industrial Poultry Operations

The Canadian Food Inspection Agency (CFIA) enforces a "stamping-out" policy for managing highly pathogenic avian influenza (HPAI), which aligns with the World Organisation for Animal Health (WOAH) Terrestrial Animal Health Code. This approach mandates the depopulation of infected or exposed birds to prevent disease spread. However, this policy is designed for large-scale, industrial poultry operations and are not suitable for unique situations like that of Edgewood Farms. The ostriches at Universal Ostrich Farms are not part of the commercial poultry industry; they are rare, isolated, and involved in significant scientific research. Applying a standardized, industrial-focused policy to this exceptional case is not appropriate.

2. CFIA's Exemption Protocol for Rare and Genetically Valuable Birds

CFIA policy does provide a pathway for exemptions from depopulation under exceptional circumstances. Specifically, the "Distinct Unit Request Package" allows for the separation of barns from the epidemiological unit if they are physically and functionally distinct and have been so for at least 21 days prior to the onset of clinical signs. Given that Edgewood Farms' ostriches are isolated, healthy, and part of valuable genetic research, they should qualify for such an exemption. The farm has applied for this exemption, but the CFIA denied the request, despite the unique status of the flock and its scientific importance.

3. Opportunity for Canada-U.S. Collaboration on Avian Influenza Research

The United States is Canada's largest trading partner, and maintaining strong diplomatic and trade relations is crucial. U.S. health officials, including Robert F. Kennedy Jr. and Dr. Mehmet Oz, have intervened in this case, urging Canadian authorities to reconsider the culling of the ostriches. They argue that preserving the flock could contribute to research on avian influenza and the development of potential vaccines, benefiting both countries. This situation presents an opportunity for Canada to demonstrate international cooperation and scientific collaboration, reinforcing its commitment to public health and strengthening ties with its primary trading partner.

Federal Appeals Court Ruling and Logical Rebuttal

* Sept 12, 2025 - Honourable Gerald Heckman Rules Universal Farms Failed To Establish A "Serious or Arguable Issue" That Needs To Be Addressed By The Supreme Court Of Canada 
- https://www.princegeorgecitizen.com/national-news/judge-says-ostrich-cull-must-be-allowed-to-proceed-rejects-bc-farms-bid-for-stay-11204565

1. “No serious or arguable issue for Supreme Court review”

Judge’s point: The farm failed to raise a serious legal issue that merits consideration by the Supreme Court of Canada.

Counterpoint: The issue is not trivial — it involves how federal disease-control policy is applied when scientific uncertainty exists. The CFIA admits it does not know if the ostriches are still infected, or if immunity exists. This is precisely the kind of precedent-setting issue that should be examined at the highest court: Does “precautionary killing” override science and proportionality, even when testing could clarify risk? That is clearly arguable.

2. “The farmers had a full and meaningful opportunity to challenge the cull and failed”

Judge’s point: The farm already had multiple chances in Federal Court and Federal Court of Appeal.

Counterpoint: Procedural reality suggests otherwise. The farm’s critical evidence (on herd immunity, proportionality, scientific uncertainty) was excluded, while the CFIA was allowed to submit new evidence late in the process. The farm wasn’t permitted to rebut or respond, creating a structural imbalance. A process that silences one side while amplifying the other cannot reasonably be called “meaningful.”

3. “The harm to the public interest outweighs the harm to the farm”

Judge’s point: The risk to animal and human health outweighs the farm’s losses.

Counterpoint: The CFIA’s own affidavit concedes they do not know if the flock is currently infected or shedding virus. No evidence has been produced of transmission to humans, pets, or nearby flocks from these ostriches. In fact, the birds have lived symptom-free for 8 months through one of the hottest summers on record — conditions in which the virus cannot survive for more than 4–6 months. Meanwhile, the farm’s harm is irreparable: the loss of 400 healthy, potentially immune ostriches and unique research value. Public interest is better served by studying survivors to advance science, rather than blindly culling them.

4. “CFIA must be allowed to discharge its mandate under Parliament’s authority”

Judge’s Point: The CFIA must be allowed to carry out its lawful mandate to protect public health and prevent disease spread.

Counterpoint: Lawful mandates aren’t absolute. Courts are the safeguard against overreach, ensuring mandates are applied fairly and proportionately. Here, the CFIA’s decision was based on minimal testing and admitted scientific uncertainty about infection persistence, reinfection risk, and immunity. Destroying the flock extinguishes opportunities for research that could benefit both science and future disease management. Judicial deference in such a case erodes the very oversight function courts exist to perform.

5. “The CFIA’s affidavit shows a novel, highly pathogenic strain”

Judge’s point: Furness’ affidavit said the virus strain was unusually virulent in lab tests.

Counterpoint: Lab mice data is not the same as real-world ostrich survival. Despite claims of “most virulent strain,” only 15% of the flock died during the initial outbreak — far below the 90–100% mortality normally seen with HPAI in poultry. That contradiction proves these ostriches have a unique resilience or immunity. Furness herself admitted CFIA does not know how long immunity may last in ostriches, making this a critical research opportunity. Killing the flock destroys evidence that could benefit both science and public health.

6.  Sympathy for the Farmers, but Policy Must Prevail

Judge’s Point: The court expressed sympathy for the farmers but said policy and law must take precedence.

Counterpoint: Sympathy without substantive oversight is hollow. Judicial review isn’t meant to rubber-stamp executive action, especially when irreversible harm is involved (loss of 400 ostriches, the farm’s livelihood, and valuable scientific data). A meaningful review would weigh whether the CFIA’s policy was proportionate and whether less extreme measures (expanded testing, quarantine, controlled study) could serve the public interest without total destruction.

7. Procedural Fairness and Judicial Oversight 

Judge’s Point : The process followed was adequate, and the CFIA acted within its legal framework.

Counterpoint : Procedural fairness is not a formality — it requires a real opportunity for both sides to present and respond. By excluding the farm’s core evidence and allowing one-sided late submissions from the CFIA, the process failed that standard. Judicial oversight is weakened when courts decline to examine the substantive merits of government action, especially in cases of irreversible harm. Without fairness, the promise of judicial review becomes hollow.

The CFIA’s Flawed Case and The Rebuttal

* September 10, 2025 - CFIA Deputy Chief Veterinary Officer Cathy Furness Arguments Supporting Culling
- https://www.cbc.ca/news/canada/british-columbia/bc-ostrich-farm-avian-flu-case-1.7630656

“Ostriches may still be infected or shedding virus”
CFIA claim: Ostriches can “silently shed” avian influenza, so the flock could still pose a risk. (

Counter: The ostriches have been symptom-free for over 282 days (9 months, as of Oct 9, 2025). Decades of immunology research show that birds recovering from avian influenza develop strong immunity and stop shedding virus after recovery. Cathy Furness herself admits the CFIA does not know whether the birds remain infected, highlighting the lack of evidence for any ongoing risk. “Silent shedding” only occurs during active infection, which has clearly ended. Additionally, this past summer was exceptionally hot in B.C., which drastically reduces virus survival compared to the “low temperatures” CFIA cites. There is no evidence of any current infection, making the CFIA claim speculative at best.

“Environmental persistence risk”
CFIA claim: The virus can survive 4–6 months in manure, water, and feathers, creating a reinfection risk.

Counter: The ostriches have been healthy and asymptomatic for over 8 months, exceeding the documented environmental survival window. Furthermore, Cathy Furness emphasizes that the virus survives only at low temperatures; this summer’s record heat in B.C. would have inactivated any residual virus in the environment. The ostriches are isolated from wild or domestic birds, so the probability of reinfection is essentially zero.

“Inadequate biosecurity / non-compliance with quarantine”
CFIA claim: The farm allegedly failed to comply fully with quarantine orders, posing a risk.

Counter: No specifics are provided to demonstrate harm or risk from this alleged non-compliance. Despite any administrative lapses, the birds have been symptom-free for over 282 days (9 months, as of Oct 9, 2025), showing no evidence of disease transmission. Punishing fully recovered, immune animals for past administrative issues is neither logical nor ethical.

“Highly virulent strain”
CFIA claim: The strain in December was among the most virulent observed.

Counter: This is irrelevant to current risk, as the birds have fully recovered and developed immunity. Virulence of a virus in the past does not justify killing healthy, immune animals. Kathy Furness herself admits CFIA does not know if ostriches will remain infected or become reinfected, and testing could resolve this uncertainty—yet CFIA refuses additional testing.

“Cull requirements already met”
CFIA claim: Requirements for a cull were met on December 31, 2024, based on tests of two deceased birds.

Counter: Two tests of two dead birds cannot determine the infection status of the entire flock of 400 ostriches, nor does it establish ongoing risk. The CFIA policy explicitly does not allow for additional testing, which reads more like rigid dogma than a science-based approach. This prevents the opportunity to study immunity, viral shedding, and recovery in ostriches, which could yield invaluable research on avian influenza and potential vaccines. Killing the birds now destroys a once-in-a-lifetime research opportunity.

“Gaps in scientific knowledge”
CFIA claim: The duration of immunity in ostriches is unknown.

Counter: This is exactly the reason to preserve the birds, not kill them. Their survival provides a rare opportunity for scientific study to determine how long immunity to avian influenza lasts, both for ostriches and potentially for broader avian or zoonotic research. Eliminating the birds now ensures that these questions can never be answered, turning science into a casualty of bureaucratic rigidity.

 

1. “Public Health Risk” : CFIA claims the ostriches may spread H5N1 to humans, citing a 2024 B.C. teen’s case. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review 
Counter : The flock has been symptom-free for 282 days (9 months, as of Oct 9, 2025). The outbreak was a hybrid of low and high pathogenic avian flu, far less deadly than typical HPAI that kills entire flocks in 24 hours—only 15 percent died over 31 days, showing the farm’s ostriches aren’t the severe threat CFIA claims. (Save Our Ostriches : https://saveourostriches.com/press-releases/official-statement-from-universal-ostrich-farms-inc-may21-2025/ The teen, Joselynn, cited by the CFIA as justification, has recovered without infecting her family or pets, and her antibodies are being studied, proving survivors can be safely researched, not culled. (Rebel News : https://www.rebelnews.com/breaking_avian_flu_poster_child_joins_fight_to_save_b_c_ostriches_from_cull  No human cases are linked to the farm, and quarantine ensures safety. Testing could confirm no shedding. (Rebel News : https://www.rebelnews.com/b_c_ostrich_farmers_lose_court_battle_to_save_healthy_flock_mass_call_to_action 

2. “Viral Amplification” : CFIA argues the birds risk amplifying H5N1 in an open-air farm. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review
Counter : Dr. Scott Weese, Infection Disease Veterinarian Professor at the University of Guelph pointed out H5N1 is endemic in B.C.'s wild birds making culling ineffective. Isolation and quarantine minimize spread. Culling immune birds resets vulnerability. (Chek News : https://cheknews.ca/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak-1234053/ 

3. “Trade Stability” : CFIA says culling protects $7 billion poultry exports. (Everything GP : https://everythinggp.com/2025/04/06/with-8-7m-birds-dead-b-c-farmers-assess-avian-flu-toll-and-worry-about-whats-next/
Counter : The non-food farm’s small scale has negligible trade impact. (Save Our Ostriches : https://saveourostriches.com/about/  France's vaccination shows alternatives are possible. (The Conversation : https://theconversation.com/france-launches-bird-vaccination-scheme-amid-fears-of-a-repeat-of-h5n1-outbreaks-212203?utm_source=chatgpt.com 

4. “Scientific Uncertainty” : CFIA cites limited ostrich data, dismissing antibody tests. (CBC News : https://www.cbc.ca/news/canada/british-columbia/bc-ostrich-farm-edgewood-1.7429394
Counter : CFIA refused testing requests, blocking evidence. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-protest-1.7535367  The flock’s survival and Kyoto research demand study. (Surrey Now : https://www.surreynowleader.com/news/bc-ostrich-farm-showing-resistance-to-avian-flu-7748533 

5. “Regulatory Consistency” : CFIA denies exemptions to uphold strict disease control rules, ensuring compliance with international standards and avoiding risks to broader disease management.  (Canuck Law : https://canucklaw.ca/wp-content/uploads/Ostrich-Responding-Motion-Record-Expedited.pdf 
Counter : The farm's unique role justifies flexibility, as B.C. Premier David Eby urged, frustrated by CFIA's refusal to evaluate case-by-case. (CBC News : https://www.cbc.ca/news/canada/british-columbia/ostrich-eby-conservatives-1.7536359  A 2022 exemption proves it's possible (Yahoo News : https://ca.news.yahoo.com/protesters-gather-b-c-farm-234534966.html

6. “Biosecurity Deficiencies” : CFIA claims the farm's open-air enclosures and wildlife proximity increase transmission risk. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review
Counter : Quarantine since December 2024 and 282 days (9 months, as of Oct 9, 2025) without symptoms show containment. (Rebel News : https://www.rebelnews.com/b_c_ostrich_farmers_lose_court_battle_to_save_healthy_flock_mass_call_to_action Testing could confirm safety, but CFIA refuses. Farmers were threatened with $200,000 fine and 6 months in jail if they sought independent testing or treatment. (Druthers : https://druthers.ca/urgent-help-save-our-ostriches/ 

7. “Legal Mandate” : CFIA asserts its Health of Animals Act authority mandates culling, upheld as reasonable. (Government of Canada : https://inspection.canada.ca/en/animal-health/terrestrial-animals/diseases/reportable/avian-influenza/latest-bird-flu-situation/investigations-and-orders/british-columbia-ostrich-farm/judicial-review 
Counter : The CFIA issued the cull order just 41 minutes after initial H5 results—tests detecting only the H5 subtype of avian flu—before N1 confirmation identified H5N1, showing a rushed process that ignored the need for a full diagnosis to justify culling. (Save Our Ostriches : https://saveourostriches.com/press-releases/official-statement-from-universal-ostrich-farms-inc-may21-2025/ Eby's call for flexibility and alternative strategies (e.g., vaccination) show exemptions are viable. (CBC News : https://www.cbc.ca/news/canada/british-columbia/ostrich-eby-conservatives-1.7536359  The farm's research value and prior exemption consideration justify reconsideration. (CBC News : https://www.cbc.ca/news/canada/british-columbia/bc-mlas-ostrich-cull-1.7531162

8. “Stamping Out Policy” : CFIA's "stamping out" policy requires depopulating all exposed birds to prevent H5N1 spread. (Global News : https://globalnews.ca/news/11184062/test-ostriches-avian-flu-bc-edgewood-cull/
Counter : The farm's non-food, isolated status and immunity evidence justify testing over culling, per Pelech and Hulscher. (TodayVille : https://www.todayville.com/canada-greenlights-mass-culling-of-400-research-ostriches-despite-full-recovery-from-bird-flu-months-ago/  H5N1's endemicity limits the policy's impact. (Chek News : https://cheknews.ca/b-c-farmers-challenge-government-order-to-cull-ostrich-herd-over-avian-flu-outbreak-1234053/  Alternatives are viable, and prior exemptions show flexibility. (CBC News : https://www.cbc.ca/news/canada/british-columbia/universal-ostrich-protest-1.7535367

Broad Opposition : A diverse coalition opposes the cull, citing government overreach and the loss of a vital research asset:

Request : We urge Prime Minister Mark Carney, CFIA President Paul MacKinnon, CFIA Chief Veterinary Officer Dr. Mary Jane Ireland, Federal Minister of Agriculture and Agri-Food Heath MacDonald, Federal Minister of Health Marjorie Michel, B.C. Minister of Agriculture and Food Lana Popham, CFIA Director of Operations (Pacific Region) Hui Hang to :

  • Halt the cull immediately.
  • Conduct or allow independent testing, including PCR, antibody testing, and virus culture or autopsies, to confirm the ostriches’ health status and potential immunity.
  • Grant an exemption to preserve the flock for research.

We express our thanks and gratitude to Federal MP for Vernon-Lake Country-Monashee (representing Universal Farm's district), Scott Anderson for his long standing support of the Ostriches.

We express our thanks and gratitude to BC Premier David Eby for his statements encouraging the CFIA to treat unique situations differently than standard practices. We hope he will continue to speak out in favor of dealing with unique circumstances fairly and humanely. 

Contact Information : If you would like to contact the Decision Makers above by phone or email, please refer to Update #2

Join Us : Sign to save these ostriches and demand science over slaughter. Share to amplify our voice—the cull could begin at any moment. Let’s protect these birds, honor the farm’s legacy, and advance global health. Visit savetheostriches.com for more.

#SaveTheOstriches #TestDontKill #HerdImmunity

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The Decision Makers

Sean Fraser
Sean Fraser
Attorney General of Canada
Dr. Mary-Jane Ireland
Dr. Mary-Jane Ireland
Chief Veterinary Officer, CFIA
Your MP
Your MP
Your Federal Member of Parliament
Mark Carney
Mark Carney
Prime Minister of Canada
Pierre Poilievre
Pierre Poilievre
Leader of the Opposition

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Petition created on May 22, 2025