The Federal Court of Appeal has ruled that a cull of approximately 400 ostriches at a British Columbia farm can proceed. This decision follows an avian flu outbreak at Universal Ostrich Farms in Edgewood, B.C. The court's ruling was issued on Thursday.

The appeal court upheld previous decisions made by the Canadian Food Inspection Agency (CFIA) that mandated the culling of the ostrich flock. The court denied a request for judicial review and rejected the introduction of new evidence from the farm owners, who claimed the flock was currently healthy.

Farmers argue that the ostriches should not be culled. They assert that the flock has recovered from the H5N1 flu outbreak that resulted in the deaths of 69 birds in December and January. The farmers believe the surviving birds have developed "herd immunity" and are scientifically valuable. They maintain that the ostriches are healthy and pose no threat, requesting that the birds be tested for the virus.

In contrast, the CFIA insists that allowing the flock to live poses a risk of the virus persisting and potentially mutating, which could make it more infectious. The agency emphasizes that even healthy-looking ostriches can still spread disease. The CFIA has noted that the specific strain of the virus found in the birds has not been detected elsewhere in Canada and includes a genotype linked to human infections in the United States. Additionally, it has been reported that individuals associated with the infected premises tested positive for H5N1 antibodies.

To challenge the cull, farm spokeswoman Katie Pasitney stated that the farmers plan to seek a new court stay against the ruling next week. They are also considering an appeal to the Supreme Court of Canada. Pasitney has called on supporters to gather at the farm this weekend to protect the flock, emphasizing the need for a peaceful and non-violent demonstration.

The CFIA has not disclosed specific details regarding the timing of the cull. However, a statement from May 30 indicates that the agency is preparing for a humane depopulation process with veterinary oversight at the affected premises.