Federal Court of Appeal to hear arguments in B.C. ostrich farm avian flu case

The B.C. ostrich farmers who lost dozens of birds in an outbreak of avian flu last winter will be heading to the Federal Court of Appeal on Tuesday as they try to stop the remainder of their herd from being culled.

Universal Ostrich Farm near Edgewood, B.C., was ordered by the Canadian Food Inspection Agency to cull approximately 400 birds after an outbreak of the highly contagious avian flu was discovered on the farm in December.

The CFIA maintains a "stamping out" policy, which includes the destruction of animals and the disinfection of the premises, as defined by the World Organization of Animal Health. The CFIA says it is a critical part of maintaining not only animal and human health but also Canada's status as a reliable international trading partner.

In a statement posted to its website in late May, the agency said "all avian influenza viruses, particularly H5 and H7 viruses, have the potential to infect mammals, including humans."

It noted that the birds on the B.C. farm were infected with a "novel reassortment" of the virus that had not been seen anywhere else in Canada.

The CFIA said keeping the herd alive "increases the risk of reassortment or mutation of the virus, particularly with birds raised in open pasture where there is ongoing exposure to wildlife."

Universal Ostrich Farm is owned by Karen Espersen and Dave Bilinski. A website dedicated to their fight against the CFIA says they've been raising ostriches for more than 30 years.

The pair says destruction of the herd would force them to shut down the farming operation altogether.

Until 2020, the birds were raised for meat. In recent years the ostriches have been part of a research project in collaboration with Dr. Yasuhiro Tsukamoto, president of Kyoto Prefectural University in Japan who is also known as Dr. Ostrich.

Tsukamoto's research focuses on the antibodies in ostrich egg yolk that can block infectious diseases.

The outbreak last winter killed 69 of the 468 ostriches, the farm's website says, and an anonymous tipster reported the farm to the CFIA. The agency ordered the remaining ostriches to be culled by Feb. 1.

The farm applied for an exemption for animals with rare genetics because of the research project, but the CFIA denied that application on Jan. 10.

The agency said it was not provided documentation, including active research trial logs or detailed research protocols, and said the location is not suitable for controlled trials or research.

The farm then sought a judicial review, and was granted a stay of the cull order in the meantime.

The CFIA has imposed 19 quarantine measures on the farm, according to the farm's website. It has also issued $20,000 in penalties for failing to report the outbreak and for failing to adhere to quarantine orders.

The CFIA said in a statement the farm's actions "reflect a disregard for regulatory compliance and animal health standards."

Supporters spent several weeks camped out at the property in the early spring and have vowed to fight the CFIA's order.

Over the weekend the farm hosted an event it billed as "Farm Aid Canada," with a range of musical performers playing over three days. They included Tamara Lich, an organizer of the "Freedom Convoy" protest that brought downtown Ottawa to a standstill in early 2022, who was convicted in April of mischief for her role in the demonstration.

The farm's owners said online that the event was a way to fundraise for the legal fees and travel costs of getting to Ottawa for Tuesday's hearing.