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Winnipeg Free Press - PRINT EDITION
Wheat board headed to highest court?
The dispute over whether the Harper government broke the law last fall when it introduced legislation to rid the Canadian Wheat Board of its monopoly powers may wind up before Canada's highest court.
Eight former wheat board directors and the farm group Friends of the Canadian Wheat Board said Thursday they will seek leave to appear before the Supreme Court of Canada. They will argue Agriculture Minister Gerry Ritz was required to hold a vote of Prairie farmers before he introduced his controversial wheat board bill.
On Dec. 6, wheat board supporters rejoiced when Federal Court Justice Douglas Campbell ruled Ritz had failed to comply with his statutory duty under the Canadian Wheat Board Act when he tabled the Marketing Freedom for Grain Farmers Act in the House of Commons.
The ruling, however, didn't affect the government's ability to pass its legislation. And a subsequent challenge to the new law at Manitoba Court of Queen's Bench was also unsuccessful.
Meanwhile, the Federal Court of Appeal overturned Campbell's decision earlier this year, setting up the high court challenge.
"We believe that this case raises issues that are important to all Canadians and is worthy of careful consideration by the Supreme Court of Canada," said Allen Oberg, a farmer and former wheat board chairman.
Under the new legislation, Prairie farmers will no longer be required to market wheat and barley used for human consumption or destined for export markets through the Canadian Wheat Board. The legislation takes effect Aug. 1.
Oberg and others believe the changes mean Prairie farmers will now take home less money than they would have at a time when world grain prices are rising.
Opponents of the new federal law argue Section 41 of the old Canadian Wheat Board Act prevented any government from ending the wheat board of its monopoly without a farm vote.
"This case is bigger than farm policy and has important implications for all Canadians because it raises fundamental questions about whether government is above the law," said Stewart Wells, chairman of the Friends group.
Republished from the Winnipeg Free Press print edition July 27, 2012 A5
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