Just days before the end of the Canadian Wheat Board's single desk, eight former farmer-elected CWB directors and the Friends of the CWB have announced they plan to take their case against federal Agriculture Minister Gerry Ritz to the Supreme Court of Canada.
The group alleges Ritz broke the law when introducing legislation stripping the board of its single desk monopoly on grain sales without holding a binding producer plebiscite. A Federal Court judge ruled in their favour in December, but that decision was overturned by the Federal Court of Appeal last month.
"The question really is 'does the government have the divine right of kings, or does the government have to follow the laws of the country and respect the rulings of the Federal Court just like everyone else does?'" says spokesperson and former CWB director Stewart Wells.
"We decided it wouldn't be appropriate just to leave the process where it is here now, with one strong ruling from the Federal Court being overturned by the Federal Court of Appeal," he says.
It remains to be seen whether the Supreme Court will take the case.
"It's a two-step process. First we file an application. The Supreme Court then decides whether it will actually hear the case or not. We have no idea what the timeline will be on that," notes Wells.
Minister Ritz issued the following statement regarding the Supreme Court application:
"It is unfortunate that some former Canadian Wheat Board directors continue to work against the freedom of Western grain farmers. The Federal Court of Appeals has already ruled unanimously that marketing freedom is the law of the land.
It is encouraging that the overwhelming majority of grain farmers have moved on and are looking forward to having the right to market their own crops to a buyer of their choosing, including a voluntary CWB.
We are already seeing marketing freedom build a stronger economy by attracting investment, encouraging innovation, and creating value-added jobs.
The few opponents of marketing freedom need to move forward and begin marketing their crops rather than wasting taxpayer's money on another frivolous lawsuit."
The CWB's single desk marketing authority is set to end on Wednesday.
Source: PortageOnline