Universal Ostrich Farms has succeeded in a dispute involving Prime Minister Mark Carney’s Liberal government and the Canadian Food Inspection Agency (CFIA).
On February 6th, Patricia Farnese, a member of the Agricultural Review Tribunal of Canada, ruled that the CFIA’s violation notice and the imposed $10,000 fine against Universal Ostrich Farms must be put on hold.
This decision was made purely on procedural grounds. Farnese noted that the CFIA did not personally deliver the quarantine notice to the farm, opting instead to send it via email on December 31, 2024, just after informing the quarantine owner verbally.
“The authorities failed to send the mandatory quarantine notice in person. Article 91.4 of the HA Regulations makes this detrimental to their case,” Farnese stated.
“The real issue here was the Canadian Food Inspection Agency. They were, in a way, the virus,” farm spokesperson Katie Pasitney expressed to Align, mentioning that CFIA had refused to test the ostriches for avian influenza.
Controversial Quarantine
This issue, which attracted international media attention and support from notable figures like Health and Human Services Secretary Robert F. Kennedy Jr. and Dr. Mehmet Oz, began in September 2025 when CFIA quarantined UOF, citing the presence of H5N1 avian influenza. They claimed the farm posed a public health risk despite not testing the birds.
The authorities occupied the property for around seven weeks, eventually issuing an order to cull the herd. This operation was carried out overnight from November 6 to November 7, leading to the death of over 300 ostriches.
Following this, the farm was left in chaos, with hay bales contaminated by ostrich blood scattered throughout the site. Pasitney and her mother reported that they have been unable to clean it up because the property is still isolated, even as the government insists that the ostriches carried H5N1 avian influenza.
Pasitney indicated on Monday that she and her mother, Karen Espersen, who owns the farm, were caught off guard by the court’s decision. They hadn’t expected a favorable ruling and presumed it would take much longer.
“We read the tribunal’s email together,” said Pasitney. “And we both started crying because it was such a relief to hear from someone at the federal level that our concerns were acknowledged.”
The decision not only nullifies the $10,000 fine but could have larger legal implications. It raises questions about the legitimacy of the CFIA’s entire proceedings against the farm, including the initial quarantine last September, the following occupation, and the lethal culling of over 300 ostriches.
“Quarantine measures exist for significant reasons, as they impact people’s livelihoods and property,” Pasitney remarked.
Legal Grounds for Ruling
So, what led the court to side with UOF?
The Commission found that CFIA was negligent in its actions regarding the farm. It concluded that the quarantine notices used were not correctly delivered as required by federal law.
Pasitney shared the ruling on her Facebook page, highlighting a statement from the court indicating that quarantine notices must be delivered in person. The court determined CFIA had failed to fulfill this requirement by relying on email.
Because of this, the violation notice and the accompanying $10,000 fine were suspended.
Pasitney emphasized that the implications might extend beyond just her farm. “How many farmers have faced similar illegal actions and inadequate services?”
She stated that this ruling reinforces her determination to continue pushing for accountability from the Canadian government, asserting that this situation now represents a larger movement beyond Universal Ostrich Farm.
“Our farms are at the forefront of this movement, and I’m proud to voice their concerns,” she said. “I’ll keep fighting for my family and for those around the world.”
