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CTV News
2 days ago
- Business
- CTV News
U.S. billionaire backs B.C. ostrich Farm as it fights to appeal avian flu cull order
Ostriches eat their feed at the Universal Ostrich Farms in Edgewood, B.C., on Saturday, May 17, 2025. THE CANADIAN PRESS/Aaron Hemens An American billionaire says he will help bankroll a B.C. ostrich farm's legal battle to overturn an order by the Canadian Food Inspection Agency to cull nearly 400 birds after the highly pathogenic H5N1 virus was detected in the herd last December. The owners of Universal Ostrich Farm (UOF) in Edgewood are currently waiting to see if the Federal Court of Appeal will strike down a decision by a lower court to uphold CFIA's order. In court documents, the owners say their ostriches deserve to be saved because they are genetically rare and valuable to scientific research. The farm has signed a contract with Dr. Yasuhiro Tsukamoto, president of Kyoto Prefectural University in Japan. UOF says it has allowed its ostriches to be injected with COVID-19 antigens, so that antibodies can be extracted from the eggs they lay. This research, UOF argues, can be transferred to the study of avian flu. In an affidavit, David Bilinski, one of two UOF business partners, claims that their antibody research could bring millions of dollars annually in financial returns over the next several years. Bilinski says the $3,000 compensation per ostrich the Canadian Food Inspection Agency (CFIA) is offering will not offset the costs of culling the flock which will devastate his business 'beyond recovery.' universal Ostrich Farms Supporters of Universal Ostrich Farms stand near ostriches at the farm's property in Edgewood, B.C., on Saturday, May 17, 2025. THE CANADIAN PRESS/Aaron Hemens If the destruction of the birds goes ahead, Bilinski said that UOF would be on the hook for $620,000 worth of antigens which has been provided by its research partner in Japan. If they lose their appeal, the owners say they will try to take their fight to the Supreme Court of Canada. John Catsimatidis, the CEO of Red Apple Group, an American real estate and aviation company, said he's willing to help fund that fight. 'I will find out what is necessary, and I will lobby some of my friends to write a cheque,' said Catsimatidis in a zoom interview with CTV News from his New York office. 'Facing slaughter like chickens' The Republican businessman who also hosts a nationally syndicated talk radio show says he's 'horrified' that the 'iconic' and 'ancient' ostriches are going to be 'slaughtered like a bunch of chickens.' The CFIA considers ostriches to be part of domestic poultry. On its website, the agency states that all avian influenza viruses, particularly H5 and H7 viruses, have the potential to infect mammals including humans, and that it 'will order the timely depopulation of domestic birds on infected premises.' The culling of infected and exposed birds is an internationally accepted strategy supported by the World Organization for Animal Health (WOAH) to control avian flu outbreaks. Last November, a B.C. teenager was infected with bird flu and spent several weeks in intensive care. In the last 14 months, more than 70 people in the United States have been diagnosed with H5N1. Most of the people being infected are poultry or dairy farm workers. Universal Ostrich Farm Katie Pasitney, of Universal Ostrich Farm, speaks during a press conference on Parliament Hill in Ottawa on Tuesday, July 15, 2025. THE CANADIAN PRESS/Spencer Colby Plea for help to stop government overreach Catsimatidis first became aware of the plight of UOF in February, after getting an email plea from the farm's spokesperson, Katie Pasitney, to help save hundreds of surviving birds from 'overreach from the government of Canada.' In the email dated Feb. 11, and provided to CTV National News, Pasitney wrote that the herd was part of an antibody program in Canada, the U.S. and Japan. 'They (CFIA) want all our research and science that is ready to be used with antibodies destroyed. We have been working with top scientists and our antibodies have been able to even neutralize COVID,' Pasitney claimed in her message to Catsimatidis. That motivated the billionaire to start talking about the farm's fight on his talk radio show and to write a letter to Prime Minister Mark Carney urging him to intervene and to allow the ostriches to be tested for H5N1 before initiating a 'mass slaughter.' Although 69 ostriches died in the outbreak, Pasitney said the surviving birds are healthy, but that CFIA forbids them from conducting independent tests to prove they are no longer shedding the virus. Pasitney says CFIA inspectors have told her she faces 6 months in jail, and fines of up to $200,000 for each bird that is tested. Catsimatidis says the Canadian policy is cruel and lacks common sense. 'All we want is for somebody to have a heart to say we're going to pardon these animals… these beautiful iconic animals have antibodies and could save lives. Why can't we at least test them to make sure.' Friends in high places Catsimatidis said he also contacted his friends in U.S. President Donald Trump's administration, and persuaded U.S. Secretary of Health Robert F. Kennedy Jr. and Dr. Mehmet Oz, head of the Centers for Medicare and Medicaid to put more pressure on the CFIA. Oz has offered to provide sanctuary for the ostriches at his Florida ranch, while Kennedy has written directly to federal Agriculture Minister Heath MacDonald to urge him to suspend any planned culling of the flock so joint research between Canada and the U.S. can be pursued. Kennedy says such collaboration would be a 'unique research opportunity,' and notes that the 'remaining birds in the flock have survived more than 170 days after H5N1 infection without symptoms or further documented transmission since the initial detection.' Kennedy also says in his letter that 'the destruction of entire flocks, without up-to-date testing and evaluation can have significant consequences, including the loss of valuable genetic stock that may help explain risk factors for H5N1 mortality.' Universal Ostrich Farms A sign calling for the protection of ostriches at the Universal Ostrich Farms is displayed at the farm in Edgewood, B.C., on Saturday, May 17, 2025. THE CANADIAN PRESS/Aaron Hemens Weaponization of legal system Nearly eight months have passed since the outbreak, but University of Saskatchewan virologist Angela Rasmussen believes that a cull is still justifiable. She warns that it's possible 'that there may be virus still spreading among the birds,' even if they appear healthy. Scott Weese the chief of infection control at the Ontario Veterinary College at Guelph University, says the CFIA is in a 'tough spot' and needs to avoid a situation where people can 'weaponize the legal system.' 'If anyone can just start appealing, there's no way to contain disease when culling is required,' Weese said in an email response to CTV News. The veterinarian internal medicine specialist said his ideal solution involves CFIA testing each ostrich and billing UOF for the expense. If the entire flock is virus free, euthanasia can be avoided, but the birds should still be seized and placed in a different home. 'That makes it clear you can't just stall and get what you want and takes away the financial incentive to act like this,' Weese wrote. Questionable scientific value Both Weese and Rasmussen are skeptical of the value of the research that is being conducted at the Edgewood farm because of an apparent lack of scientific rigor. 'This is a situation where these birds have really been out in nature. Their pens are outdoors. They've been exposed to a lot of different people. I would think that the scientific value of anything that we could find from them would be somewhat limited just because we don't fully know (the birds') history.' In a memorandum of fact submitted during the appeal, federal government lawyers argued that UOF did not provide sufficient proof to show its herd had genetic value and should be spared from a cull. The UOF did submit a presentation on ostrich antibodies, a business plan and agreements, a proposal for an avian flu antibody research project and media articles. But Crown lawyers noted the documentation was 'based on speculative and non-peer reviewed research and information.'
CTV News
15-07-2025
- Health
- CTV News
Federal Court of Appeal to hear case of B.C. ostrich farm
A sign calling for the protection of ostriches at the Universal Ostrich Farms is displayed in Edgewood, B.C., on Saturday, May 17, 2025. Hundreds of supporters flocked to the farm over the Victoria Day long weekend to protest the Canadian Food Inspection Agency's order to cull about 400 ostriches. THE CANADIAN PRESS/Aaron Hemens OTTAWA — The B.C. ostrich farmers who lost 15 per cent of their herd in an outbreak of avian flu last winter are taking their fight to the Federal Court of Appeal today. The case is an appeal of a June ruling in the Federal Court which sided with the Canadian Food Inspection Agency. The agency ordered the owners of Universal Ostrich Farms to cull some 400 birds after 69 ostriches died in December and January. The farm applied for a judicial review of the CFIA's decision, but that was denied. The farmers say their herd is involved in research into the natural immunity of ostriches, and that the remaining birds are healthy. The CFIA notes the variant of avian flu found on the farm hadn't been found in Canada before, and the highly contagious virus can infect wild birds, mammals and humans. This report by The Canadian Press was first published July 15, 2025.
CTV News
14-07-2025
- Health
- CTV News
Federal Court of Appeal to hear arguments in B.C. ostrich farm avian flu case
An ostrich stands near a warning sign for avian influenza at the Universal Ostrich Farms in Edgewood, B.C., on Saturday, May 17, 2025. Hundreds of supporters flocked to the farm over the Victoria Day long weekend to protest the Canadian Food Inspection Agency's order to cull 400 ostriches. THE CANADIAN PRESS/Aaron Hemens The B.C. ostrich farmers who lost dozens of birds in an outbreak of avian flu last winter will be heading to the Federal Court of Appeal on Tuesday as they try to stop the remainder of their herd from being culled. Universal Ostrich Farm near Edgewood, B.C., was ordered by the Canadian Food Inspection Agency to cull approximately 400 birds after an outbreak of the highly contagious avian flu was discovered on the farm in December. The CFIA maintains a 'stamping out' policy, which includes the destruction of animals and the disinfection of the premises, as defined by the World Organization of Animal Health. The CFIA says it is a critical part of maintaining not only animal and human health but also Canada's status as a reliable international trading partner. In a statement posted to its website in late May, the agency said 'all avian influenza viruses, particularly H5 and H7 viruses, have the potential to infect mammals, including humans.' It noted that the birds on the B.C. farm were infected with a 'novel reassortment' of the virus that had not been seen anywhere else in Canada. The CFIA said keeping the herd alive 'increases the risk of reassortment or mutation of the virus, particularly with birds raised in open pasture where there is ongoing exposure to wildlife.' Universal Ostrich Farm is owned by Karen Espersen and Dave Bilinski. A website dedicated to their fight against the CFIA says they've been raising ostriches for more than 30 years. The pair says destruction of the herd would force them to shut down the farming operation altogether. Until 2020, the birds were raised for meat. In recent years the ostriches have been part of a research project in collaboration with Dr. Yasuhiro Tsukamoto, president of Kyoto Prefectural University in Japan who is also known as Dr. Ostrich. Tsukamoto's research focuses on the antibodies in ostrich egg yolk that can block infectious diseases. The outbreak last winter killed 69 of the 468 ostriches, the farm's website says, and an anonymous tipster reported the farm to the CFIA. The agency ordered the remaining ostriches to be culled by Feb. 1. The farm applied for an exemption for animals with rare genetics because of the research project, but the CFIA denied that application on Jan. 10. The agency said it was not provided documentation, including active research trial logs or detailed research protocols, and said the location is not suitable for controlled trials or research. The farm then sought a judicial review, and was granted a stay of the cull order in the meantime. The CFIA has imposed 19 quarantine measures on the farm, according to the farm's website. It has also issued $20,000 in penalties for failing to report the outbreak and for failing to adhere to quarantine orders. The CFIA said in a statement the farm's actions 'reflect a disregard for regulatory compliance and animal health standards.' Supporters spent several weeks camped out at the property in the early spring and have vowed to fight the CFIA's order. Over the weekend the farm hosted an event it billed as 'Farm Aid Canada,' with a range of musical performers playing over three days. They included Tamara Lich, an organizer of the 'Freedom Convoy' protest that brought downtown Ottawa to a standstill in early 2022, who was convicted in April of mischief for her role in the demonstration. The farm's owners said online that the event was a way to fundraise for the legal fees and travel costs of getting to Ottawa for Tuesday's hearing. The case has garnered international attention, including from U.S. Health Secretary Robert F. Kennedy Jr. and TV personality Dr. Mehmet Oz. The farm's owners declined Dr. Oz's offer to relocate the herd to his own Florida property. Kennedy wrote a public letter to the CFIA's president, Paul MacKinnon, arguing there was significant value in studying the birds' immune response to the virus. Universal Ostrich Farm applied to the Federal Court for a judicial review of the CFIA's order to cull the herd, and the court dismissed both applications on May 13. The judge ruled that the agency's decision to order the cull was reasonable and procedurally fair, and noted that it is not up to the courts to resolve scientific disputes. The Federal Court of Appeal denied the farm's request for independent testing on June 20, and ordered an expedited appeal. The hearing is scheduled for one day. This report by Sarah Ritchie, The Canadian Press, was first published July 14, 2025.
