The Supreme Court of Canada has dismissed Universal Ostrich Farms' application for leave to appeal the August 21, 2025 decision of the Federal Court of Appeal. The Canadian Food Inspection Agency (CFIA) will be moving forward to complete depopulation and disposal measures as authorized by the Health of Animals Act and guided by the stamping out policy for highly pathogenic avian influenza (HPAI).
The Federal Court of Canada and the Federal Court of Appeal both determined that the CFIA acted reasonably and in a procedurally fair manner in its decision to apply the stamping-out policy for the ostrich premises.
The CFIA has respected all orders and decisions of the courts throughout the legal process and expects the ostrich farm owners and supporters to do the same now that the Supreme Court of Canada has issued its judgment.
Reminder for individuals about obstruction of CFIA inspectors
As the farm remains under CFIA control, individuals are reminded that subsection 35(1) of the Health of Animals Act makes it an offence to obstruct or hinder an analyst, inspector or officer who is performing duties or functions under this Act or the regulations. Any such actions may result in enforcement measures or prosecution. Section 65 of the Health of Animals Act describes the legal consequences of a contravention of the Act.
Transport Canada has published a notice pursuant to Section 5.1 of the Aeronautics Act that the airspace above the ostrich farm location is restricted. The restriction includes Remotely Piloted Aircraft System (RPAS) (drones) and aircraft. Offences under the Aeronautics Act may result in administrative monetary penalties, fines or imprisonment.
The CFIA's stamping out policy aims to protect human health, animal health, and international trade access
Our disease response aims to protect both public and animal health, as well as minimize impacts on the $6.8 billion domestic poultry industry, and the Canadian economy. This supports Canadian families and poultry farmers whose livelihoods depend on maintaining international market access for $1.75 billion in exports.
