The Supreme Court of Canada will not hear an appeal from Universal Ostrich Farm, effectively ending the farm’s legal battle to prevent the cull of nearly 400 ostriches.
The decision, posted on the court’s website without explanation, which is typical, removes the final legal barrier for the Canadian Food Inspection Agency (CFIA) to proceed with the killings.
In a statement, the CFIA confirmed it will move forward with “depopulation and disposal efforts”, following its stamping-out policy for avian influenza.
“Our disease response aims to protect both public and animal health,” it said in the statement.
In an online live stream, farm operator and spokesperson Katie Pasitney appeared devastated, crying and hugging family and supporters inside the home.
“This is what pain looks like, Canada,” Pasitney said as she pointed the camera to her mother, Karen Espersen. “She’s going to lose everything she ever loved for 35 years.”
Dozens of supporters who have camped out on the farm for months remain there today.
The CFIA said obstructing inspectors or interfering with the cull could result in arrests or fines. The airspace above the farm has been restricted to prevent drones from flying around.
Universal Ostrich Farm has been locked in a heated eleven-month battle with the CFIA after several birds died when avian flu tore through the flock last year. The CFIA argues that the cull is necessary to prevent the potential mutation of the virus, which could pose a broader public health risk.
However, the farm’s owners and a throng of international supporters disagree, claiming the ostriches have developed natural immunity after surviving the initial outbreak. They have said birds have not shown any symptoms for nearly 300 days.
The case has drawn widespread attention, with high-profile figures like U.S. Secretary of Health Robert F. Kennedy Jr. and former TV host Dr. Mehmet Oz, supporting the farm.
The farm has become a rallying point for those opposing what they see as government overreach.
The CFIA has said it will not share specific operational plans or dates for the cull and did not provide a timeline for when it may take place.
