The Canadian Food Inspection Agency’s (CFIA) controversial plan to “humanely depopulate” nearly 400 healthy and thriving ostriches at Universal Ostrich Farms in Edgewood, B.C., is being formally contested yet again.

The farm’s new counsel, Victoria-based Umar Sheikh, whose costs are being crowdfunded by supporters, filed a Notice of Appeal Monday afternoon. The document seeks to overturn the Federal Court’s May 13 decision that allowed the federal agency to move forward with slaying the exotic breed over avian influenza concerns.

BREAKING OSTRICH FARM NEWS:⁰I’ve been informed that the farm just filed the below appeal & are seeking an emergency conference.

This DOESN’T guarantee that the CFIA won’t cull but is the first step in trying to prevent them from doing so.

More to come: https://t.co/ziF2wnKOdh pic.twitter.com/0jgykv3Dzx

— Drea Humphrey (@DreaHumphrey) May 26, 2025

Critics of the cull plans, including the farmers themselves, believe the looming slaughter of the entire ostrich herd not only threatens farming and food sovereignty, but also defies logic and science.

The remaining birds have been healthy and immune for months. Killing them, they argue, is an overreach that would halt the farm’s ability to continue its critical research using the birds’ antibodies, which are being used in partnership with Japan to develop a non-mRNA solution to combat certain illnesses, including the bird flu.

Rebel News has obtained the filed appeal, which accuses the lower court of making “multiple reversible errors” in dismissing the farm’s application for judicial review earlier this month.

The farm is now asking the Federal Court of Appeal to quash the cull order entirely or at the very least, send the matter back to either the CFIA or Federal Court for proper reconsideration.

At the heart of the appeal is the farm’s argument that the CFIA “unreasonably fettered” its discretion by rigidly applying its mass-culling “Stamping-Out” policy, instead of weighing the specific circumstances of this particular ostrich herd—which the farm describes as a “unique breeding stock” located in a remote part of British Columbia.

“The CFIA’s discretion was impermissibly and unreasonably fettered,” the appeal argues, adding that the agency “failed to fully consider the consequences of the Culling Decisions on the Appellant, the ostrich herd, and the public interest in scientific research.”

Additionally, the farm argues it received ineffective assistance of counsel that led to a miscarriage of justice.

The farm further alleges that Justice Zinn failed to consider whether the CFIA’s refusal to allow further testing or genetic analysis of the ostriches was reasonable or whether it amounted to a denial of procedural fairness. The notice of appeal also notes the judge’s decision to exclude testimony from the farm’s expert witnesses from the record.

The cull order was issued back in December, after the agency used a controversial PCR test on just two of the farm’s deceased ostriches and determined they were positive for H5N1.

Although 69 ostriches (approximately 15% of the flock) died from illness, the farmers say most of the birds that remain were asymptomatic while the sickness spread and that all have now been healthy for months, likely developing natural immunity.

Despite growing political and public pressure on the CFIA to spare the animals and the farming sovereignty they represent—including statements from local politicians, a regional district refusing to accept the ostrich carcasses unless they’re tested, a letter from U.S. Secretary of Health Robert Kennedy Jr., peaceful protesters camping out at the farm, and even support from the teenage girl believed to be the first Canadian to contract avian influenza—the CFIA has shown no signs of backing down or testing the surviving exotic birds.

BREAKING OSTRICH FARM NEWS:
⁰Joselynn, the 13-year-old BC girl used as a poster case for avian flu, wasn't around birds before falling ill. Family was caring for a sick dog (unrelated illness) who was put down shortly after she was hospitalized.

More at: https://t.co/ziF2wnKOdh pic.twitter.com/DJdVFWY3T4

— Drea Humphrey (@DreaHumphrey) May 24, 2025

In a statement to CBC just over a week ago, the CFIA said it would “begin the humane depopulation and disposal of birds at the same infected premises with veterinary oversight. Operational plans and dates will not be shared with the public in advance.”

Even so, the setbacks caused by the unified pushback likely contributed to the remarkable fact that the healthy birds are still standing tall long enough for the farmers to switch legal counsel, have the case reviewed, and now file this notice of appeal.

While onsite at the farm, Rebel News spoke with farm spokesperson and daughter of the farm owner, Katie Pasitney, about what’s next for their fight.

“We are still pushing forward very much with public opinion and awareness and education around the matter of avian influenza and the migratory bird status that as long as there are migratory birds, we will never be avian influenza-free, which even Secretary Kennedy was great to say.”

Although there is still an open cull both legal counsel for the farm and the Attorney General (acting on behalf of the CFIA) have jointly requested that the stay hearing be heard on an expedited basis.

While there is no court-ordered injunction currently in place preventing the cull, the CFIA confirmed that as long as the stay motion proceeds on a fast-track timeline, no birds will be culled before a ruling is issued.

In addition to the peaceful protest campers who Katie says are welcome to remain on site until the farm wins its fight to save the ostriches and the farming sovereignty they represent she says more pressure is coming.

“We are working on a parliamentary petition to apply more pressure for the government to do the right thing. Keep up your prayers because there is still an open cull order, so let’s just keep up our prayers and all the support.”

To follow this developing story or support Rebel News’ coverage of it, go to SaveTheOstriches.com.

Please help Rebel News send Drea to report on the cruel ostrich cull in Edgewood, B.C.

A shocking government-ordered ostrich cull is underway in Canada, leaving devastated farmers and outraged citizens demanding answers. The mainstream media refuses to tell the full story, but Rebel News is sending Drea Humphrey to report from the ground and expose the truth. Independent journalism like this depends on your support. Please donate here to help cover Drea's travel costs to get to and from the ostrich farm in Edgewood, British Columbia.

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