Federal Court of Appeal upholds CFIA order to dispose of birds located at an infected premises in Edgewood, British Columbia

Aug. 21, 2025

Following an expedited appeal, the Federal Court of Appeal has unanimously upheld the May 13, 2025, decision of the Federal Court of Canada to dismiss both applications from Universal Ostrich Farms for judicial review.

The Federal Court of Canada previously determined that the Agency's decisions were reasonable based on the evidentiary record and were made in a procedurally fair manner. It was determined that the Canadian Food Inspection Agency (CFIA) acted reasonably within the authorities provided under the Health of Animals Act.

CFIA's legislative mandate

The Health of Animals Act is the primary federal legislative authority for the prevention, control and eradication animal diseases and is administered by the CFIA. Orders issued under section 48 of the Health of Animals Act authorize the CFIA to respond effectively to outbreaks of animal diseases in Canada and to help protect animal and human health in Canada.

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.

Next steps

The CFIA takes the responsibility to protect the health of animals and Canadians extremely seriously as we conduct these necessary disease control measures to protect public health and minimize the economic impact on Canada's poultry industry.

The CFIA does not generally release details about the operations of individual farms to help protect the privacy of producers. Accordingly, specific operational plans and dates will not be shared with the public in advance.