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1. What did the court decide?

The appeal court upheld earlier rulings that denied judicial review for decisions by the ºÚÁϳԹÏÍø Food Inspection Agency that the ostrich flock should be killed and that there were no grounds for an exemption. It also denied a bid to introduce new evidence in which the farm owners swear to the flock's current health.

2. Why do the farmers say the flock should be spared?

The farmers say the flock has recovered since the H5N1 flu outbreak that killed 69 birds in December and January, and the survivors are scientifically valuable because they have acquired "herd immunity." They say the birds are healthy, pose no threat, and they want them tested. 

3. Why does the CFIA say the cull needs to proceed?

The CFIA says letting the flock live means a potential source of the virus persists, and increases the risk of mutation, making it more infectious. It says even if the ostriches seem healthy, they can still spread disease, and repeated infections increase the opportunity for mutations. It says the virus found in the birds has not been seen elsewhere in Canada and includes a genotype associated with human infection in the United States. It notes that "individuals associated with the infected premises have reported that they had their own blood tested and H5N1 antibodies were detected."

4. What can the farmers do to stop the cull?

Farm spokeswoman Katie Pasitney says the farmers plan to seek a new court stay against the ruling next week and their lawyer says they hope the case will be heard by the Supreme Court of Canada. Pasitney has also urged supporters to converge on the property this weekend to protect the flock, although she says she wants them to be non-violent and peaceful.

5. When will a cull take place?

The CFIA says it won't discuss operations at individual farms. But in a May 30 statement that remains on the CFIA website, the agency says it "continues planning for humane depopulation with veterinary oversight at the infected premises."

This report by ºÚÁϳԹÏÍø was first published Aug. 22, 2025.