Canada’s Supreme Court has temporarily stopped the planned killing of nearly 400 ostriches at a British Columbia farm, after the owners challenged a government order to cull the birds because of an avian flu outbreak.
The ruling, issued Wednesday, pauses the Canadian Food Inspection Agency’s (CFIA) plan to cull the ostriches at Universal Ostrich Farms while the owners appeal the decision.
The case has drawn international attention, even from senior officials in the United States. Earlier this year, U.S. Health Secretary Robert F. Kennedy urged the CFIA to study the birds instead of killing them, while Dr. Mehmet Oz offered to take the birds to his Florida ranch. The farm owners also appealed to U.S. President Donald Trump and billionaire Elon Musk to step in.
The dispute escalated on Tuesday, when police arrested farm owners Katie Pastiney and her mother, Karen Espersen, for allegedly blocking CFIA officers from carrying out their duties. Police said the inspectors had a court-approved warrant to search the property and were accompanied by RCMP officers because of growing tensions and protests at the site.
The CFIA said it will continue to provide food, water, and veterinary care for the birds under the court’s order. Access to the farm remains restricted without the agency’s permission.
The conflict began last December, when 69 ostriches on the farm died of avian flu. The CFIA argued that keeping the flock alive could allow the virus to spread or mutate, creating a greater risk for other animals and even humans.
Videos posted online by Pastiney showed CFIA staff building enclosures out of hay bales to corral the ostriches. Local media reported that part of the hay-bale wall caught fire on Wednesday, though the cause is not yet known.
Protesters have gathered at the farm since officials first arrived earlier this week.
The Supreme Court’s decision comes shortly after a Federal Court of Appeal judge ruled the cull could proceed. Justice Michelle O’Bonsawin said the CFIA must keep custody of the birds while the court considers whether to hear the full appeal. The agency must respond to the appeal by October 3.
