Ban Overturned

[pmckenna]

The appeals court has overturned the ban.

[landon]

That is great news I just heard it on the radio myself. Now where does it go from here? Does this mean an immediate open border or does R-Calf get to appeal this appeal?

[cakadu]

IF R-Calf can find grounds to appeal and IF the appeals court agrees to hear the matter, then it can go to appeal. An appeal is NOT automatic - there has to be grounds for it i.e. an error in law.

Is it possible they - meaning R-Calf - will wait to appeal until after the ruling on July 27th, or does this mean that the hearing for the permanent injunction now looks a little less possible than before?

[topper]

According to CBC the border is open immediately.
http://www.cbc.ca/story/canada/national/2005/07/14/madcow050714.html

[Donna59]

NMA Cattle Alert: Court Opens Border To Live Canadian Cattle
cattlenetwork.com

OAKLAND, CA – The Ninth Circuit Court of Appeals opened the border to healthy live Canadian cattle today.



Twenty-four hours after hearing oral arguments from the United States Department of Agriculture, National Meat Association and the Canadian Cattlemen’s Association and Alberta Beef Producers that the R-CALF lawsuit had wrongly closed the border, the judges of the Ninth Circuit took action by staying the preliminary injunction against a government rule that normalized trade. The court also promised that an opinion setting forth the reasons for the court’s reversal of the preliminary injunction shall be issued expeditiously and in due course.



The three-judge panel making the ruling, Tashima, Paez and Callahan, have not yet ruled on whether NMA, CCA and ABP will be made intervenors to the case.



National Meat Association is a non-profit trade association. Since 1946, NMA has represented meat packers and processors, equipment manufacturers and food suppliers who provide services to the meat industry. The association has members throughout the United States, as well as in Canada, Australia and Mexico.



For more News Headlines and Commodity Quotes, please visit www.teamauctionsales.com.

[grassfarmer]

My uninformed guess is that we will be lucky to get anything actually shipped before the 27th when Cebull next listens to R-CALFs nonsense. He can apparently consider the evidence given at this hearing for as long as he likes - there is no timeline in place he has to decide by.
I'm not convinced this border is really open. I've cattle that could go next week if the procedures were in place - and there are American buyers here bidding up the values of our cattle. Will either or both of these take place?
Also, does that mean I can sell my remaining set aside calves immediately without penalty? I'll call Alberta Ag on that one tomorrow.

[15444]

Regardless if anything gets across or not, people who are selling tomorrow are going to make some good money. Going to be alot of optimism and some ample American cash being spent. It will all be worth it if even one load gets across the line.

As far as the set-aside program for calves, I know in Ontario that the contract is now void with an open border, but I am unsure what the position is if the border closes up again real soon.

[Bez]

15444

Could you elaborate on the Ontario situation for hold back animals please?

I have a couple dozen that I would not mind getting rid of if what you say is truth - not doubting you, just have not studied up on the fine print - I always figured I would hold them until the first sell date.

Thnx in advance,

Bez

[15444]

Bez, I will go searching for the info on OMAF's site and let you know what I find.

By the way, how did the corn turn out? Or did it just wither in the drought that Southern Ontario is having?

[Bez]

Corn? What corn? Crops are what I call uneven and thin - but some are starting to fill out - God and Mother Nature may yet provide.

I figure almost everyone in this part of the country that does have a crop should be praying for a failure in the good ole U.S. of A.

Be that as it may with every bin full from the farm to the end user the price will very likely not rise above 90 bucks. JMHO of course as I am not a crystal ball gazer.

Had the million dollar unforecast rain here in the far east of Ontario - of course many of us had lots of hay down - including a neighbour that was counting on me to completely bale it - unfortunately I left some of his organic alfalfa on the ground - I am sure he is upset at me. But no more so than I am as well - hated to see it happen - bad for the rep.

You and I are up late tonight - shame on us both. Look forward to hearing what your research brings up - I would dearly love an extra 5 - 10 thousand right about now!

Thanks again,

Bez

[15444]

This is similar, but not exact to what they said when the March 7th date was being tossed around. I would phone them to find out the current deal. Regardless, two ideas pop into my mind. First, barring a visit to check the numbers, they won't know if you sold them into the US. Secondly, if prices are worthwhile, I am tempted to sell them into the US market for a premium and pay back the $200/head.


http://www.gov.on.ca/OMAFRA/english/policy/bserp/FeederCattleSetAsideQ&A.htm


Border Opening

Do I still have to hold my calves until January 1, 2006 if the border opens before that date?
When you were accepted to the program, you agreed to hold calves back from slaughter until January 1, 2006 as part of the program's eligibility criteria. You must continue to hold those calves to be in compliance with the program's rules, if you do not you will be required to repay in full, the amount you received from the program. If the decision is made to release calves early from the program if the U.S. border opens, then you will receive a personalized letter from the Ministry authorizing the date of release of your calves.

[GodLovesTheUSA]

I am glad to hear that things might be looking a little more positive for you guys up there. Maybe now you can get back to worrying about things like the weather. This should be better for all of us. You know, Its like this. Some of you Canadians have your gay lovers and some of us Americans have our protectionists. I think that I will stick with the US. -)
Ted

[cowman]

Now I assume that we still have to jump through a bunch of hoops like branding them CAN and only able to ship to a feedlot type of thing? Still this is an important first step?
American buyers have been buying here the last few weeks, which was pushing the prices up. Hopefully Cebul will just give it up and let things unfold like they should?
This whole border problem has not been good for anyone...including the Americans? Sure they had some good prices for two years, but they also changed the attitudes of a whole Canadian industry against them? For those in America: You don't have many friends in the world...should you really be alienating the few you have/had?
The obvious protectionism, scaremongering, and outright lies over BSE will not be forgotten.

[grassfarmer]

It seems Alberta is similar to Ontario - the theory is the scheme will be cancelled if and when cattle actually cross the border. But we are waiting for the Ag minister to say when it is cancelled.
You are an optimist 15444 - thinking cattle will rise by more than $200 a head immediately.I'll believe that when I see it!!

[grassfarmer]

TEAM sale this morning saw trade similar to last weeks averages on Alberta Ag website. Close to 1000 cattle mainly in the 900lb weight region - steers $1.06-$1.085 heifers around the $1 mark.