A Desperate Flight for Survival: B.C. Ostrich Farm Fights Cull at Supreme Court of Canada

In a heart-wrenching battle against the clock, Aldor Acres Dairy Centre in Langley, B.C., is making a last-ditch appeal to the Supreme Court of Canada to save its beloved flock of ostriches from a provincial culling order. The farm, a cherished community fixture, finds itself embroiled in a high-stakes legal drama, desperately seeking a stay of execution for over 20 majestic birds deemed at risk from avian flu.

The crisis began in March when avian influenza (H5N1) was detected in a turkey flock approximately 10 kilometres from Aldor Acres.

Despite the distance and the farm's existing rigorous biosecurity measures, the B.C. Ministry of Agriculture and Food issued an order in April for the culling of all remaining birds on the property, including the ostriches. The farm had already taken proactive steps, culling its other poultry species—chickens, ducks, turkeys, pheasants, geese, and quails—as a precautionary measure, but the ostriches became the focal point of a fierce legal challenge.

The core of Aldor Acres' argument hinges on a critical distinction: are ostriches truly 'poultry' under the provincial Animal Health Act? The farm contends that these large, flightless birds, which do not co-mingle with traditional poultry and are typically housed separately, pose a minimal risk of transmitting the H5N1 virus.

They argue that the province is overstepping its jurisdiction and misapplying regulations intended for conventional poultry operations to their unique ostrich breeding program.

This isn't their first attempt at legal recourse. The farm previously sought an injunction to halt the cull, which was denied.

Subsequently, the B.C. Court of Appeal also rejected their application for a stay of execution, leaving the fate of the ostriches hanging precariously. Now, with time running out, Aldor Acres has elevated its fight to the nation's highest court, applying for leave to appeal and, critically, a stay of the cull order while their appeal is considered.

The emotional and financial stakes for Aldor Acres are immense.

Co-owner Melissa Anderson has poignantly shared the deep attachment the family has to their ostriches, describing the potential culling as 'devastating emotionally and financially.' The farm maintains that its ostriches, living in well-isolated conditions, do not pose a significant threat to public health or the wider poultry industry.

Their legal team emphasizes that the province's interpretation of 'bird' is too broad and does not account for the biological and behavioral differences of ostriches compared to other fowl.

However, the B.C. Ministry of Agriculture and Food maintains its position, citing the need to protect the broader poultry industry and prevent the spread of the highly pathogenic H5N1 virus.

They argue that all birds, including ostriches, are susceptible to avian flu and fall under the purview of the Animal Health Act, making the culling order a necessary public health measure. The conflict highlights a difficult balancing act between agricultural biosecurity and the specific circumstances of individual farms.

As the farming community and animal lovers watch with bated breath, the Supreme Court of Canada's decision will not only determine the future of Aldor Acres' ostriches but could also set a significant precedent for how animal health regulations are applied to diverse and non-traditional livestock in Canada.

For now, the hope of a reprieve for these magnificent birds rests on the outcome of this urgent appeal, representing a fight for both livelihood and the lives of cherished animals.