Universal Ostrich Farms in Edgewood, B.C., has spent more than 10 months opposing a cull order from the Canadian Food Inspection Agency that would result in the deaths of hundreds of its birds.
The Supreme Court of Canada on Thursday morning announced it would not hear a final appeal, allowing the cull to proceed.
Here are some of the key dates in the battle, including accounts based on court rulings:
Early December 2024: An outbreak of what the farmers later describe as “flu-like” symptoms occurs among the ostriches, killing 25 to 30 in a three-week period.
Dec. 28: The CFIA intervenes after receiving an anonymous report of the deaths at the farm, which had previously gone unreported. It verbally imposes a quarantine order.
Dec. 31: Samples from two carcasses test positive for H5 avian influenza, later confirmed to be H5N1. Within minutes, the CFIA issues a cull order, setting Feb. 1 as the deadline for disposal of all affected birds.
Jan. 4-9, 2025: The farm applies for an exemption to the cull, saying the ostriches have “rare and valuable genetics” worthy of preservation.
Jan. 10: The CFIA denies the exemption.
Jan. 15: The farm says the last ostrich death occurs, bringing the toll to 69 birds.
Jan. 31: The Federal Court stays the cull order while it considers an application by the farm for judicial review.
May 13: The farm loses its application for a judicial review, with the judge ruling the CFIA's decisions were "reasonable" and "procedurally fair."
May 16-18: Hundreds of supporters converge on the farm for "Ostrichfest," a music concert and protest against the cull order.
May 23: U.S. Health Secretary Robert F Kennedy Jr. writes to CFIA president Paul MacKinnon asking him to consider not culling the ostriches, suggesting the birds could be valuable to study.
May 27: Farm spokeswoman Katie Pasitney says American health official and former television personality Dr. Mehmet Oz has offered to save the birds by relocating them to his ranch in Florida. The farm turns down the offer.
June 20: The Federal Court of Appeal grants a second stay of the cull order, pending an appeal.
July 11-13: The farm hosts another concert, featuring performers that include "Freedom Convoy" organizer Tamara Lich.
July 15: Kennedy writes to Canada's Minister of Agriculture Heath MacDonald, asking that the cull be delayed so that the ostriches can be researched.
Aug. 21: The Federal Court of Appeal unanimously dismisses the farm's appeal.
Sept. 6: The farm is granted a new stay by the Federal Court of Appeal, delaying the execution of the birds again.
Sept. 12: Federal Court of Appeal judge says the cull must be allowed to proceed, denying a request from the farm for another stay while it applies to be heard by the Supreme Court of Canada. Judge Gerald Heckman says the farm has not established that its final proposed appeal "raises a serious or arguable issue."
Sept. 22: The CFIA and RCMP descend on the farm to prepare for the cull.
Sept. 23: Pasitney and her mother, Karen Espersen, who co-owns the farm, are arrested by RCMP after refusing to leave the ostriches' pen. They are later released.
Sept. 24: The Supreme Court of Canada issues another interim stay on the cull while it considers whether to hear a final appeal from the farm. A fire at the farm chars hay bales that have been placed by the CFIA around the ostriches' enclosure.
Sept. 25: RCMP say they are investigating "escalating threats of violence" against businesses that may or may not be helping the Canadian Food Inspection Agency.
Oct. 4: The CFIA says one of the ostriches has died while under its care.
Oct. 31: The Supreme Court of Canada announces it will rule on Nov. 6 whether it will hear the farmers' final appeal. The CFIA issues a statement rebutting online suggestions it has secretly started killing the birds, while Pasitney urges supporters to gather on the farm ahead of the court decision.
Nov. 6: The Supreme Court of Canada says it will not hear the farmers' final appeal and the CFIA says it will proceed with "complete depopulation" of the flock.
Picture Courtesy: THE CANADIAN PRESS/Aaron Hemens
