Canadian Wheat Board files lawsuit against federal government
- Thread starter petros
- Start date
Sclew you Pabro!
Now the CWB which made money as a Crown no longer moves that Canadian grown product over our Action Plan infrastructure through the Asia Pacific Bill Gatesway in Prince Rupert.
I forgot to mention who gets stuck with the pogey bill when the few seasonal workers get lay off papers.
Now the CWB which made money as a Crown no longer moves that Canadian grown product over our Action Plan infrastructure through the Asia Pacific Bill Gatesway in Prince Rupert.
I forgot to mention who gets stuck with the pogey bill when the few seasonal workers get lay off papers.
Premise #1 Removing the supports from under mum-and-pop grain producers should be celebrated as "market-place freedom."
Premise #2 Doctrinaire political decisions should always trump common sense.
Premise #3 City slickers don't give a damn
Premise #4 Mum and pop would love being Wal*Mart greeters.
Premise #5 If "they" complain give 'em a royal visit as a pacifier
Premise #2 Doctrinaire political decisions should always trump common sense.
Premise #3 City slickers don't give a damn
Premise #4 Mum and pop would love being Wal*Mart greeters.
Premise #5 If "they" complain give 'em a royal visit as a pacifier
#7 Do not, under any circumstance develop a policy that applies equally to all Canadian grain farmers regardless of where they live.
Premise #8 The fact that the CWB is controlled by Western farmers is an evil Eastern plot.
Premise #9 The history of the Board to assist producers is just a boring diversion.
Premise #10 If we get rid of it, it cannot ever be resurrected (even at Easter) as long as NAFTA is in effect.
Premise #11 Propaganda protects producers
Premise #9 The history of the Board to assist producers is just a boring diversion.
Premise #10 If we get rid of it, it cannot ever be resurrected (even at Easter) as long as NAFTA is in effect.
Premise #11 Propaganda protects producers
oh boy..
Judge says Ritz breached wheat board act
A federal court judge in Winnipeg has ruled Agriculture Minister Gerry Ritz breached the Canadian Wheat Board Act by making changes without holding a plebiscite for producers.
"The change process is threatening and should be approached with caution," Justice Douglas Campbell wrote in his decision.
"Generally speaking, when advancing a significant change to an established management scheme, the failure to provide a meaningful opportunity for dissenting voices to be heard and accommodated forces resort to legal means to have them heard.
"Had a meaningful consultative process been engage to find a solution which meets the concerns of the majority, the present legal action might not have been necessary."
Government will appeal
Ritz is holding a news conference at 2:15 CT in Ottawa to comment on the ruling but the government said in Question Period Wednesday afternoon that it will appeal the decision.
"We were as disappointed as Western farmers with the decision that was brought down today. We will be appealing that decision because quite frankly we believe in marketing freedom for Canadian farmers," said Human Resources Minister Diane Finley.
The chair of the CWB's board of directors issued a new release moment after the ruling, calling on the federal government to respect the decision. "We call on Minister Ritz to comply with the spirit of this ruling and immediately cease actions that would strip away Prairie farmers' single-desk marketing system without first allowing a vote by affected producers," Allen Oberg said, noting he is in Ottawa preparing to address a Senate committee on Thursday, asking senators to halt passage of Bill C-18.
Ritz introduced legislation in Parliament in October to end the wheat board's 60-year marketing monopoly on western wheat and barley by next August.
The legislation, if passed, would enable the government to dismantle the CWB single desk without first having held a producer plebiscite as required under Section 47.1 of the Canadian Wheat Board Act.
Liberal Party leader Bob asked the government in Question Period on Wednesday to commit to not proceeding with the legislation while the matter is before the courts, and as long as this judgment stands. He did not get a clear answer from Finley, who repeated her resolve to appeal.
"We will be appealing this decision and of course we will abide by the laws."
Rae asked again for a "categorical assurance" that the legislation will not be proceeded with while the matter is before the courts. "We've made it very clear that we disagree with the ruling and that's why we're going to be appealing it on behalf of Canadian farmers," Finley responded.
Farmers divided
Lawyers for the wheat board and government made their arguments in federal court in Winnipeg on Tuesday.
CWB lawyer John McDougall stressed the important of Section 47.1 of the wheat board act and that changes cannot be made unless "the producers of the grain have voted in favour of the exclusion or extension."
"We argued strongly that farmers should have the final say over changes to their grain marketing agency," Oberg said on Wednesday, following the decision.
"As farmers, we pay for the CWB, we run it and we should decide what happens to it. We are pleased the court has agreed.
"In light of this ruling, the government should stop steamrolling over farmers' democratic rights."
Government lawyers, in turn, had argued the case should be dismissed because the courts have no jurisdiction to override legislation being debated in Parliament.
Governments are free to amend or repeal laws as they see fit, the lawyers told the court.
Bill C-18 has divided farmers. The board was set up following the Great Depression in an effort to have farmers band together and seek higher prices.
Supporters say the single desk prevents producers from competing against each other for sales.
Detractors say they want the freedom to seek better deals on the open market.
They point out that producers of other grains, as well as wheat farmers in other parts of Canada, already have that freedom.
Judge says Ritz breached wheat board act - Manitoba - CBC News
Judge says Ritz breached wheat board act
A federal court judge in Winnipeg has ruled Agriculture Minister Gerry Ritz breached the Canadian Wheat Board Act by making changes without holding a plebiscite for producers.
"The change process is threatening and should be approached with caution," Justice Douglas Campbell wrote in his decision.
"Generally speaking, when advancing a significant change to an established management scheme, the failure to provide a meaningful opportunity for dissenting voices to be heard and accommodated forces resort to legal means to have them heard.
"Had a meaningful consultative process been engage to find a solution which meets the concerns of the majority, the present legal action might not have been necessary."
Government will appeal
Ritz is holding a news conference at 2:15 CT in Ottawa to comment on the ruling but the government said in Question Period Wednesday afternoon that it will appeal the decision.
"We were as disappointed as Western farmers with the decision that was brought down today. We will be appealing that decision because quite frankly we believe in marketing freedom for Canadian farmers," said Human Resources Minister Diane Finley.
The chair of the CWB's board of directors issued a new release moment after the ruling, calling on the federal government to respect the decision. "We call on Minister Ritz to comply with the spirit of this ruling and immediately cease actions that would strip away Prairie farmers' single-desk marketing system without first allowing a vote by affected producers," Allen Oberg said, noting he is in Ottawa preparing to address a Senate committee on Thursday, asking senators to halt passage of Bill C-18.
Ritz introduced legislation in Parliament in October to end the wheat board's 60-year marketing monopoly on western wheat and barley by next August.
The legislation, if passed, would enable the government to dismantle the CWB single desk without first having held a producer plebiscite as required under Section 47.1 of the Canadian Wheat Board Act.
Liberal Party leader Bob asked the government in Question Period on Wednesday to commit to not proceeding with the legislation while the matter is before the courts, and as long as this judgment stands. He did not get a clear answer from Finley, who repeated her resolve to appeal.
"We will be appealing this decision and of course we will abide by the laws."
Rae asked again for a "categorical assurance" that the legislation will not be proceeded with while the matter is before the courts. "We've made it very clear that we disagree with the ruling and that's why we're going to be appealing it on behalf of Canadian farmers," Finley responded.
Farmers divided
Lawyers for the wheat board and government made their arguments in federal court in Winnipeg on Tuesday.
CWB lawyer John McDougall stressed the important of Section 47.1 of the wheat board act and that changes cannot be made unless "the producers of the grain have voted in favour of the exclusion or extension."
"We argued strongly that farmers should have the final say over changes to their grain marketing agency," Oberg said on Wednesday, following the decision.
"As farmers, we pay for the CWB, we run it and we should decide what happens to it. We are pleased the court has agreed.
"In light of this ruling, the government should stop steamrolling over farmers' democratic rights."
Government lawyers, in turn, had argued the case should be dismissed because the courts have no jurisdiction to override legislation being debated in Parliament.
Governments are free to amend or repeal laws as they see fit, the lawyers told the court.
Bill C-18 has divided farmers. The board was set up following the Great Depression in an effort to have farmers band together and seek higher prices.
Supporters say the single desk prevents producers from competing against each other for sales.
Detractors say they want the freedom to seek better deals on the open market.
They point out that producers of other grains, as well as wheat farmers in other parts of Canada, already have that freedom.
Judge says Ritz breached wheat board act - Manitoba - CBC News
"Nothing in the ruling contradicts the government's fundamental right to change the law," Harper said in the House of Commons.
The government issued a notice that the final vote on bill C-18 will take place in the Senate Dec. 15.
It would then need to get royal assent, and it would have to be implemented.
However, politics professor Ned Franks at Queen's University in Kingston, Ont., said Thursday that as long as the legislation is before the courts on appeals, the courts will not allow the government to act on the bill.
"When a court hasn't decided on something, the parties to that decision can't do an action that makes that (court) decision a moot point."
CWB board chairman Allen Oberg told the Senate agriculture committee Thursday the board did not seek an injunction because they can be difficult to obtain. However, later Thursday, a CWB spokeswoman said an injunction request is not out of the realm of possibilities.
The government issued a notice that the final vote on bill C-18 will take place in the Senate Dec. 15.
It would then need to get royal assent, and it would have to be implemented.
However, politics professor Ned Franks at Queen's University in Kingston, Ont., said Thursday that as long as the legislation is before the courts on appeals, the courts will not allow the government to act on the bill.
"When a court hasn't decided on something, the parties to that decision can't do an action that makes that (court) decision a moot point."
CWB board chairman Allen Oberg told the Senate agriculture committee Thursday the board did not seek an injunction because they can be difficult to obtain. However, later Thursday, a CWB spokeswoman said an injunction request is not out of the realm of possibilities.
Stephen Harper declares wheat board bill can proceed despite ruling
I wonder if Harper would publicly state the corollary to what he is claiming? Legal decisions do not matter, they carry no weight, apparently. Wacky.
I wonder if Harper would publicly state the corollary to what he is claiming? Legal decisions do not matter, they carry no weight, apparently. Wacky.
I guess it's okay to beat the crap out of an MP and claim the law doesn't matter because he/she is an MP and they don't need laws to protect them.
I find the actions of the government very disturbing in all of this. One of the most important aspects of law in a democracy is to limit the power of government, only then can a country have the rule of law and not the rule of men. That is precisely what the idea of the rule of law is supposed to invoke: a limited government, not a government equipped with the power to make whatever laws they like.
The Conservative Government's assertion that they are not bound by the laws created by their predecessors is nothing other than the assertion that the country is bound by the rule of a man (Harper) and not the rule of law.
The Conservative Government's assertion that they are not bound by the laws created by their predecessors is nothing other than the assertion that the country is bound by the rule of a man (Harper) and not the rule of law.
Well, to some people, that is democracy. To some people, the majority ought to be able to wake up and decide, "You know what, tomorrow all the blond people are slaves." That is the rule of the majority without the rule of law, after all.