May 14, 2025
Following an expedited judicial review, the Federal Court of Canada has determined that the Canadian Food Inspection Agency (CFIA) acted reasonably within the authorities provided under the Health of Animals Act when it issued an order to the owners of a highly pathogenic avian influenza (HPAI) infected premises in Edgewood, British Columbia (BC), to dispose of ostriches exposed to HPAI.
The court dismissed both applications from Universal Ostrich Farm for judicial review as it found the Agency's decisions were reasonable based on the record before the decision-maker and were made in a procedurally fair manner.
The Health of Animals Act is the primary federal legislative authority for preventing, controlling and eradicating animal diseases and is administered by the CFIA. Orders issued under Section 48 of the Health of Animals Act enable the CFIA to respond effectively to outbreaks of animal diseases in Canada and to help protect animal and human health.
All avian influenza viruses, particularly H5 and H7 viruses, have the potential to infect mammals including humans. A human case of H5N1 in BC earlier this year required critical care, and an extended hospital stay for the patient.
Allowing a domestic poultry flock known to be exposed to HPAI to remain alive allows a potential source of the virus to persist. It would increase the possibility of reassortment or mutation, particularly with birds raised in open pasture where there is ongoing exposure to wildlife. This could also increase the human health risk.
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.
The CFIA has worked closely with the Province of British Columbia throughout the HPAI response to protect BC's poultry sector with effective disease controls measures, which mitigate the impact on poultry production in the province.
The CFIA will begin the humane depopulation and disposal of birds at the infected premises with veterinary oversight. Operational plans and dates will not be shared with the public in advance.