Ostrich farmers awaiting Supreme Court decision get little attention from Ottawa

Friday marks the deadline for the Canadian Food Inspection Agency to respond to the Supreme Court in the case of 400 ostriches set to be culled in B.C.

As the Supreme Court of Canada considers whether to hear the case of a B.C. farm that’s fighting to save its ostriches from a Canadian Food Inspection Agency cull, politicians in Ottawa appear to be choosing their words on the matter very carefully.

Pierre Poilievre was asked twice this past week whether he supports the people gathered at Universal Ostrich Farms to protest the planned cull. The typically outspoken Conservative leader has avoided commenting directly on the protesters’ claims.

On Thursday, Poilievre — without saying the word “ostrich” — pointed the finger at the Liberal government.

“They have mismanaged this from the very beginning, and now they have left Canadians confused, farmers baffled by the total incompetence by the Canadian Food Inspection Agency,” he said.

Health Minister Marjorie Michel, who oversees the CFIA, said she’s concerned about the situation at the farm.

“I’m not going to comment on the topic because it’s in front of the court,” she said Thursday in Ottawa.

“Our politicians have been silent,” the farm’s spokesperson, Katie Pasitney, told a Thursday press conference.

She said the protesters have received some support in recent weeks from the area’s Conservative MP Scott Anderson, and from the local provincial MLA, but the farm is frustrated that it’s not getting much attention from Ottawa — and particularly from Poilievre.

Lori Turnbull, a professor of political science at Dalhousie University, said the Tory leader seems reluctant to take a strong stand on what could be a wedge issue among his own supporters.

“This is the type of issue that could easily divide the Conservative coalition,” she said.

The saga dates back to December, when the Canadian Food Inspection Agency received an anonymous tip about the deaths of some birds at the farm near Edgewood, B.C., a tiny unincorporated community about two hours southeast of Vernon by highway.

The CFIA reported finding 69 dead ostriches at the farm. Two of them subsequently tested positive for avian flu.

The highly infectious virus has been detected on 534 properties across Canada in recent years, resulting in more than 14 million birds being culled. Worldwide, outbreaks at poultry operations have been blamed for driving up egg prices.

The CFIA said the culls are required under the World Organisation for Animal Health’s “stamping out” policy, which Canada and many of its trading partners have adopted.

The policy requires the “depopulation of animals that are infected, suspected to be infected or exposed” to the virus, according to the CFIA. That’s typically done within 48 to 72 hours.

The farm’s co-owner Karen Espersen and her daughter Pasitney have launched a court challenge of the cull that’s drawn media and political attention from all over the world — including the Trump administration — and has brought dozens of supporters to the farm.

The case has taken more than 200 days to get to the top court. The farmers say the remaining ostriches show no signs of avian flu and should not be killed.

The CFIA says ostriches that appear healthy can still spread the disease, including new mutations of the virus.

The Supreme Court has issued a temporary stay of the cull order and has ordered the CFIA to take custody of the birds until it decides whether to hear the case.

The agency was escorted onto the property by RCMP on Sept. 22 and took control of the ostrich enclosure.

The CFIA said that’s a first.

“Typically, animal owners co-operate with the agency’s disease control efforts, and such measures have not previously been necessary,” a spokesperson said in a media statement.

The RCMP say they are investigating a number of incidents in the area surrounding the operation, including suspicious fires, an alleged assault of an elderly neighbour who said she was doused with gasoline, and threats of violence made toward businesses associated with the CFIA’s work at the farm. One business reported to police that its employees were threatened with being followed home and fired upon.

U.S. billionaire John Catsimatidis, an ally of President Donald Trump, has helped fund the farm’s legal battle. He said during a press conference with Pasitney on Thursday that he personally told Trump about the issue.

Trump and Prime Minister Mark Carney are set to meet in Washington next week.

U.S. Health Secretary Robert F. Kennedy Jr. has written to the Canadian government to ask it to stop the cull. Dr. Mehmet Oz, the administrator of the Centers for Medicare & Medicaid Services — an agency of the U.S. Department of Health — has offered to bring the flock to his personal ranch.

“It would be nice to see the real topics that are affecting real Canadians … be on the agenda and the discussion of leaders like Pierre Poilievre,” Pasitney said Thursday, adding she wants to see reform of the CFIA’s stamping out policy.

For many of the farm’s supporters, the issue has clear parallels to the COVID-19 mandates that motivated the 2022 “Freedom Convoy” demonstrations.

“I see it as blatant government overreach from the CFIA,” said Jeffery Gaudry, who was at the farm last week when the agency arrived.

“That’s exactly what I seen happening in 2022 — different elements, one was a virus that was affecting people, one that’s a virus that’s affecting birds.”

He’s not alone. Prominent “Freedom Convoy” organizer Tamara Lich has visited the farm a number of times.

Turnbull said Poilievre was successful in getting the support of those who agreed with the convoy.

“He doesn’t go full on and endorse it, but he puts himself up as kind of adjacent to it enough that those people might come to support him,” she said.

Poilievre is also focused on attacking the Liberals on issues of affordability and crime, she said, and the party likely wants him to stay on message.

Gerry Ritz, a former Conservative federal agriculture minister, agreed that Poilievre has “bigger fish to fry.”

“Where’s the minister? You know, where’s (Agriculture Minister) Heath MacDonald? He should be out in front of this saying, yes, there’s a rationale for doing this,” Ritz said.

“They can’t point to anything in the Health of Animals Act that allows the thuggery that they’ve devolved to in this instance.”

Ritz, who used to raise ostriches on his Saskatchewan farm, also said he’s not convinced the flock actually had avian flu. “I’m not even sure that avian influenza is a factor with them. Nobody’s proven that,” he said.

Pasitney has said the same — but the farm itself has not argued in court that there was no avian flu.

In fact, according to the CFIA, the farm said in court that “individuals associated with the infected premises have reported that they had their own blood tested and H5N1 antibodies were detected.”

“While no serious illnesses were reported to public health authorities, this apparent evidence of ostrich to human transmission is a concern and highlights the risk of delays in completing the disposal of an infected flock,” the CFIA stated.

The Supreme Court is set to decide whether it will hear the case soon.

RELATED STORIES:

• Law professor would be ‘surprised’ if High Court takes up B.C. ostrich farm case
• RCMP investigate alleged assault of woman who lives beside B.C. ostrich farm
• Stay of ostrich cull in southeast B.C. an ongoing potential health risk, CFIA says

This report by Sarah Ritchie, The Canadian Press, was first published Oct. 2, 2025.

— With files from Brenna Owen in Edgewood, B.C.