Incredible Victory for Universal Ostrich Farms Over the CFIA and Government Abuse
"It's Miracle Sunday" as $10,000 fine is lifted and the CFIA's negligence is excoriated by the Canada Agricultural Review Agency. "The CFIA was the virus."
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Just when you thought the federal government had absolutely no interest in the rights of farmers or the constant violation of agriculture by the Canadian Food Inspection Agency (CFIA), an independent federal administrative tribunal has set aside a Notice of Violation and associated $10,000 monetary penalty issued by the CFIA against Universal Ostrich Farms (UOF) Inc., finding that the quarantine notice relied upon by the agency was not properly served in accordance with federal law.
“We weren’t expecting a decision on this tribunal till June, actually. So this actually caught us off guard, but it was a delight to be able to read that email. I heard the news from my mom. We read it together, and we both started crying, because it was just nice to hear from somebody on the federal level that they validated our concerns,” says Katie Pasitney.
Just last week, UOF spokeswoman Katie Pasitney told me that “2026 is the year of accountability.” She was incredibly prescient in that claim because that is exactly what is happening just days before Canada remembers the invocation of the Emergencies Act to crush the Freedom Convoy. And nobody was ever held accountable for that piece of government overreach that has been deemed as a violation of the Canadian Charter of Rights and Freedoms.
But justice seems to be catching up with a Liberal government that for too long has acted with arrogance and impunity in its excessive overreach and lust for control over the lives of ordinary Canadians.
Katie says she was “caught off guard” that the Canada Agricultural Review Agency – a federal government body – ruled in favor of the farm and ruled so swiftly.
“No, we didn’t think that they would side with us. We were definitely always hoping that they would look at the facts and everything that we submitted and take it seriously. We weren’t expecting a decision on this tribunal till June, actually. So this actually caught us off guard, but it was a delight to be able to read that email. I heard the news from my mom. We read it together, and we both started crying, because it was just nice to hear from somebody on the federal level that they validated our concerns, and our concerns were that we were not served properly in the beginning,” says Katie.
But this decision has also “opened up a lot of other questions, and I think that Canadians are going to ask now, and those questions are number one, were we ever really under a lawful quarantine? You know, those safeguards are put in place by Parliament for a very important reason, because quarantines carry such an excessive consequence for people with their livelihoods and their animals and their properties. So as well as it opens up to other questions. You know, even regarding the shooting, I think one could ask, if the procedural process wasn’t followed properly in the beginning to serve the quarantine papers, then how was the proper procedure possibly followed through to ensure that that shooting conducted at our farm, which was about less than 300 meters from an open highway, [was legal] — did they follow those procedures?”
This is a major victory for Universal Ostrich Farms (UOF) in its battle against the CFIA, which invaded and occupied their property before massacring hundreds of ostriches during the evening and early hours of Nov. 6-7. Seems like the Canada Agricultural Review Tribunal – an organization that I had hitherto not even been aware of – is a government agency not just with a heart but a healthy dose of common sense.
“Were we ever really under a lawful quarantine? You know, those safeguards are put in place by Parliament for a very important reason, because quarantines carry such an excessive consequence for people with their livelihoods and their animals and their properties,” says Katie.
Why has the tribunal ruled in favor of UOF? It assessed the CFIA’s negligence in its conduct at the farm specifically “finding that the quarantine notice relied upon by the Agency was not properly served in accordance with federal law.
Specifically, the CFIA was supposed to be actually talking to owner Karen Espersen and her daughter Katie.
“The tribunal ruled that subsection 91.4(1) of the Health of Animals Regulations requires quarantine notices to be personally delivered, meaning physically handed to the affected party,” reads a news release from the farm.
“The Tribunal determined that the Agency’s reliance on email service, despite subsequent communications, did not meet this mandatory statutory requirement. As a result, the Notice of Violation and the accompanying $10,000 penalty were set aside.
“The Tribunal emphasized that its decision does not turn on the seriousness of avian influenza, nor does it undermine the importance of disease control, biosecurity, or emergency response measures. Rather, the ruling clarifies that when Parliament has imposed strict procedural safeguards, those safeguards must be respected, particularly where regulatory actions can carry significant consequences for farmers, animals, and livelihoods,” the release continues.
In its findings, the Tribunal confirmed that:
“Personal delivery” under subsection 91.4(1) requires physical, in-person delivery, not electronic transmission;
The requirement is mandatory, not discretionary;
The Agency did not demonstrate that exceptional circumstances, waiver, or impossibility justified departing from this requirement; and
Improper service cannot be cured retroactively.
“The decision underscores the importance of procedural fairness, legal certainty, and lawful process in regulatory enforcement. The Tribunal noted that personal delivery serves purposes beyond mere notice, including enabling regulators to assess on-site conditions, ensure understanding of obligations, and evaluate compliance capacity in real time,” the release underscores.
“What other farmers were improperly served within his jurisdiction that resulted in unlawful enforcement? So again, we just have to ask the right questions; hopefully we get the right answers. Accountability is the word of this year – transparency and a better way forward that’s going to protect and preserve,” says Katie.
The CFIA played hardball with this farm from the very beginning, pretending it was not informed about potential illness, feigning ignorance about the UOF exercising due diligence with contacting local vets, offering and than retracting an offer to save the ostriches because they were not poultry and were an exotic breed of bird.
The CFIA’s arrogance and refusal to communicate continued to escalate throughout the crisis as it refused to test the birds and then ignored all criticism of that decision. CFIA agents were rude and unresponsive when they invaded and then occupied the farm. Evidence of cruelty to the ostriches was overwhelming and well documented by the farm, supporters and a host of journalists, including this one.
What does this decision mean for other farmers who have had their properties invaded and occupied and their livestock massacred? “What other farmers were improperly served within his jurisdiction that resulted in unlawful enforcement? So again, we just have to ask the right questions; hopefully we get the right answers. Accountability is the word of this year – transparency and a better way forward that’s going to protect and preserve,” Katie notes.
“I’ve said from the beginning, and I always say it, God knew that wrote the story. God knows the ending. All we have to do is have faith. So the ostriches became martyrs and their horrific ending to their life, I still believe, will come with great change, and my mom does as well. This is something we hold on to that is very important to us.”
Katie has heard her share of horror stories from other farmers dealing with the CFIA. “There’s the gentleman who was made to kill his almost 500 deer. Now he didn’t just have to kill his 500 deer. He had to decapitate his 500 deer, and he had to send in the heads for testing. How Satanic and sadistic is that?” she asks, noting that “it doesn’t matter if these animals are being used for food, or if these animals were for science and research or innovation, or if these animals are your backyard livestock that you collect eggs from, we have a connection with these animals. And if this agency can bypass procedural law, they’re bypassing the humanity, the human aspect in having empathy. So when this gentleman did this process, every one of his deer came back negative,” Katie says.
“There’s the gentleman who was made to kill his almost 500 deer. Now he didn’t just have to kill his 500 deer. He had to decapitate his 500 deer, and he had to send in the heads for testing. How Satanic and sadistic is that?” Katie asks.
“This impacts the future of our families and our food security and our agricultural farmers that are so hard working and dedicated to generational food supply and nutritional food supply, because we all know that the name of the game is to get us into eating more lab grown meat, have less nutritional food supply on the ground that we are in control of, even our seeds, even what we grow, what we spray on our food. So we have to look at this as a whole, and how do we bring in and implement a program or safeguards that are going to have more impact going forward that will be upheld by the rule of law?”
As Katie knows so well, the tribunal decision comes at a time when agricultural communities across Canada are voicing growing concern about expanding enforcement regimes and traceability requirements, with farmers calling for clearer rules, meaningful consultation, and accountability in regulatory decision-making.”
Obviously this ruling, coming three months after the massacre, has not saved a single ostrich.
But it opens a legal window about the size of the horizon at the Edgewood, BC farm.
How much of the CFIA’s activity at the farm was not just inappropriate but illegal?
Can UOF take this negligent government bureaucracy to court and derive further justice?
“The RCMP stood there and witnessed, in our opinion, a very illegal shooting. It was only 251 meters to the highway [and they were] shooting almost towards the highway. There was no perimeter, no secure perimeter. There was no firearm safety officer … we had shooters standing on top of four large square bales in that pen in the middle of night … and the RCMP stood there … It made people across the world wonder if that could happen on our farm, then … what deeper corruption could be going on?”
“It’s a really big one for our family and our farm and other Canadians and people across the world to hear that once the damage is done, you cannot fix it. So, as you said in their list, those safeguards are in place for a reason. They tried to fight that we waived our statutory rights by responding by email, so that we acknowledge the quarantine order and or by lawyer interaction, and that was not found justifiable by the tribunal. So the tribunal found that those safeguards, again, are in place, because once they hand you, and they actually are there to go over your quarantine documents with you, that process is in place to protect us” Katie says.
“Now this would go in hand in hand with their obscure demands that they were putting on us for quarantine demands like netting our whole farm. Well, if they were there and personally, hand serving us and going through those quarantine documents, they would know that that was outlandish and impossible. It didn’t make any sense, and it would not have solved any of the problems,” observes Katie, adding that “personal communication as is expected by Parliament and the federal government from an agency that wields so much power … we may have mitigated some of these huge obstacles that we had gone through for this last year.”
Katie also remains dumbfounded by the behavior of the RCMP, Canada’s national police force.
“The RCMP stood there and witnessed, in our opinion, a very illegal shooting. It was only 251 meters to the highway [and they were] shooting almost towards the highway. There was no perimeter, no secure perimeter. There was no firearm safety officer … we had shooters standing on top of four large square bales in that pen in the middle of night … and the RCMP stood there … It made people across the world wonder if that could happen on our farm, then … what deeper corruption could be going on?”
“I’ve said from the beginning, and I always say it, God knew that wrote the story. God knows the ending. All we have to do is have faith. So the ostriches became martyrs and their horrific ending to their life, I still believe, will come with great change, and my mom does as well. This is something we hold on to that is very important to us
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Too little. Too late. Government is your enemy. When will Chinadians wake up?
We killed and terrorized everyone but now we’re sorry. This Narco state wants you dead or enslaved. So maybe take back your sovereignty. The system laughs at you.
This is fantastic news and this crack in the federal government’s armour will let in a host of pointed questions. People need to be held accountable, including the RCMP…
“Just last week, UOF spokeswoman Katie Pasitney told me that “2026 is the year of accountability.” She was incredibly prescient in that claim because that is exactly what is happening just days before Canada remembers the invocation of the Emergencies Act to crush the Freedom Convoy. And nobody was ever held accountable for that piece of government overreach that has been deemed as a violation of the Canadian Charter of Rights and Freedoms.
But justice seems to be catching up with a Liberal government that for too long has acted with arrogance and impunity in its excessive overreach and lust for control over the lives of ordinary Canadians.“
Too little. Too late. Government is your enemy. When will Chinadians wake up?
We killed and terrorized everyone but now we’re sorry. This Narco state wants you dead or enslaved. So maybe take back your sovereignty. The system laughs at you.
This is fantastic news and this crack in the federal government’s armour will let in a host of pointed questions. People need to be held accountable, including the RCMP…
“Just last week, UOF spokeswoman Katie Pasitney told me that “2026 is the year of accountability.” She was incredibly prescient in that claim because that is exactly what is happening just days before Canada remembers the invocation of the Emergencies Act to crush the Freedom Convoy. And nobody was ever held accountable for that piece of government overreach that has been deemed as a violation of the Canadian Charter of Rights and Freedoms.
But justice seems to be catching up with a Liberal government that for too long has acted with arrogance and impunity in its excessive overreach and lust for control over the lives of ordinary Canadians.“