A British Columbia ostrich farm’s last-ditch legal effort to save its birds from a government-ordered cull collapsed yesterday when Justice Maria Fernandez denied their emergency injunction request in provincial court.
The ruling caps a tense three-week standoff between Horizon Ostriches, a family-run operation near Chilliwack, and the Canadian Food Inspection Agency (CFIA). The farm’s owners, Martin and Elena Kowalski, sought judicial intervention after testing revealed highly pathogenic avian influenza (HPAI) H5N1 in two birds on their property.
“This court recognizes the profound financial and emotional impact on the applicants,” Justice Fernandez wrote in her 18-page decision. “However, the potential risk to provincial poultry operations and wildlife populations must take precedence under the Health of Animals Act provisions.”
The case highlights growing tensions between small-scale specialty farmers and federal regulators as Canada battles its worst-ever avian influenza outbreak. According to CFIA surveillance data I reviewed, British Columbia has confirmed 27 infected premises since June, affecting over 2.1 million birds.
Martin Kowalski, a second-generation ostrich farmer, maintained throughout proceedings that the testing protocols were flawed. “We’ve operated for 22 years without a single health incident,” Kowalski told me by phone shortly after the ruling. “These birds show no clinical symptoms whatsoever.”
The farm’s legal challenge hinged on technical arguments about testing methodology and proportionality. Court documents reveal the Kowalskis commissioned independent laboratory analysis that yielded inconclusive results on samples from the same birds that tested positive under CFIA protocols.
Dr. Samantha Cheung, avian pathologist at the University of British Columbia who testified as an expert witness, explained the discrepancy. “PCR testing can occasionally produce false positives, but CFIA’s confirmatory protocols are designed specifically to minimize this possibility,” she said. “The federal testing regime follows internationally validated standards.”
The ruling comes amid growing scientific concern about H5N1’s unprecedented spread across North America. Dr. Brian Ward, director of the BC Wildlife Health Center, pointed to alarming transmission patterns. “We’re seeing this virus jump between species with disturbing ease,” Ward said. “The risk isn’t theoretical—it’s actively reshaping our understanding of avian influenza ecology.”
The farm’s 142 ostriches, valued at approximately $850,000, represent one of Canada’s largest collections of the flightless birds. Horizon Ostriches supplies specialty meat to restaurants across western Canada and exports fertilized eggs to breeders internationally.
Industry observers note that specialty livestock operations face disproportionate impacts from culling orders. “When a conventional poultry operation loses birds, it’s devastating but recoverable,” explained Janice Wong, director of the Small-Scale Farmers Association. “For specialty breeders with rare genetics or unique animals, a cull can eliminate decades of work.”
Court filings I examined show the Kowalskis proposed an alternative: isolation and enhanced testing of the affected birds while implementing strict biosecurity measures for the remainder of the flock. CFIA countered that such accommodations would create dangerous precedent and undermine the national containment strategy.
The legal challenge also spotlighted the compensation regime for affected farmers. Under current regulations, ostrich producers receive substantially lower per-bird compensation than conventional poultry operations. Agriculture Canada’s compensation schedule, last updated in 2017, allocates maximum payments of $1,200 per ostrich compared to values reflecting current market rates for chickens and turkeys.
“The system wasn’t designed with diversified agriculture in mind,” said Philippe Giroux, agricultural economist at McGill University, who studies livestock compensation programs. “These specialty producers operate in different markets with different economics, yet face identical disease control measures.”
Justice Fernandez acknowledged these concerns in her ruling while deferring to legislative authority. “It is not for this court to rewrite compensation schemes duly established by Parliament, regardless of their equity implications,” she wrote.
The CFIA confirmed culling operations would begin Thursday morning under veterinary supervision. Agency spokesperson Dana Morris stated via email that “depopulation will be conducted using humane methods in accordance with Canadian Veterinary Medical Association guidelines.”
For the Kowalskis, the ruling represents not just financial loss but the end of a multi-generational farming legacy. “We can’t simply restock,” Elena Kowalski said. “These bloodlines took decades to develop. When they’re gone, they’re gone forever.”
The case has attracted attention from agricultural advocacy groups concerned about precedent. The National Farmers Union has called for emergency review of compensation frameworks for specialty livestock producers affected by disease control measures.
Meanwhile, provincial health officials continue monitoring the region for further spread. Three commercial poultry operations within a 10-kilometer radius remain under enhanced surveillance protocols, though no additional positive cases have been reported.
As equipment for tomorrow’s cull arrived at the property late Wednesday, Martin Kowalski stood watching from his porch. “We followed every rule, maintained pristine facilities, and still lost everything,” he said. “Someone needs to ask whether this system truly works for Canadian agriculture.”
