OTTAWA -- A court decision has derailed, at least temporarily, the federal government's plan to strip the Canadian Wheat Board of its monopoly on western barley sales.
Federal Court Judge Dolores Hansen ruled Tuesday the Tory cabinet overstepped its authority earlier this year, when it passed a new regulation to allow farmers to sell their barley independently.
"I conclude the new regulation is ultra vires (beyond cabinet's power) and of no force and effect,'' Hansen wrote.
The judge sided with supporters of the wheat board, who argued any changes to the board's monopoly must be made via a law passed in Parliament -- something that could be blocked by the opposition.
"It's a victory for farmers,'' said Ian McCreary, a wheat board director who farms in Bladworth, Sask.
Critics of the wheat board, however, remained defiant.
"It certainly isn't the end of the road for us,'' Cherilyn Jolly-Nagel, president of the Canadian Wheat Growers Association, said from her farm in Mossbank, Sask.
"If we have to wait a little longer and work a little harder, we're willing to do that.''
Federal Agriculture Minister Chuck Strahl was not immediately available for comment.
The wheat board issue has divided grain producers. Those who support the status quo say the board's monopoly ensures farmers get higher prices on the global market.
Opponents say farmers should have the right to choose whether to sell through the board or try to get higher prices for their grain independently.
The issue has also divided the Prairie governments. Manitoba and Saskatchewan have backed wheat board supporters, while the Alberta government has backed the farmers seeking choice.
McCreary said the minority Tory government in Ottawa will have a tough time getting its changes through Parliament, because the opposition parties have thrown their support behind the wheat board.
