CWB Regulation 14(b)

[Raven]

Surprisingly, no one mentioned CWB Regulation 14(b) when I posted about Regulation 14(a) so I will. Regulation 14(b) is worded almost identically to section 46(d) of the Act which states:

“a requirement for the recovery from the applicant by the Corporation or any other person specified by the regulation, of a sum that, in the opinion of the Corporation, represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of exports of wheat and wheat products without a licence and then existing differences between prices of wheat and wheat products inside and outside Canada”

The original position of the CWB was that the last phrase about the price difference inside/outside Canada was the buy-back. The CWB legal Department wrote in 2004:

“The legislation mandates that the Canadian Wheat Board collect from a producer who is exporting wheat the difference between the price of the grain within and without Canada. This must be done in order for an export license to be granted. The Canadian Wheat Board chooses to carry out this mandate by the buy-back process.”

They then stated the buy-back issue was “fully and finally resolved".

However……

[Raven]

However, when confronted by facts and arguments they could not refute, they changed their story. This time, in 2006, they completely dumped the inside/outside part of the section and instead the CWB legal Department wrote:

“a requirement for the recovery from the applicant of a sum that, in the opinion of the CWB , represents the pecuniary benefit enuring to the applicant pursuant to the granting of a licence, arising solely by reason of the prohibition of the exports without a licence.”

So, if the inside/outside price difference won’t work, the resourceful CWB legal Department simply claims the “pecuniary benefit” is the buy-back. Even better, because there are no restrictions!

But…..hold on, there’s more…

[Raven]

But the Supreme Court has rules about interpretation. In Placer Dome v Minister of Finance (2006) the unanimous Supreme Court states:

“A court should avoid adopting any interpretation that renders any portion of a statute meaningless or redundant.”

Not only had the CWB left the phrase:

“and then existing differences between prices of wheat and wheat products inside and outside Canada.”

dangling on its own and meaningless, but had eliminated it altogether! But never at a loss for spin, this time the (well would you believe?) legal Department stated in 2007:

“There are TWO COMPONENTS to the sum referred to in this section [14(b)] of the regulations – the pecuniary benefit enuring to the applicant being one component, and the existing price differential inside and outside Canada being the other.” (emphasis added)

This was way ahead of the lower court judges who were still at the "inside/outside price difference" stage, but never mind, the judges could catch up later.

However……

[Raven]

However, the cwb shot themselves in the foot when CWB Chief Legal Counsel Mclandress wrote in a letter to the Federal Court and Chief Financial Officer Brita Chell wrote in a sworn Affidavit the following identical words:

“All export licences for wheat and barley are issued at no cost. …the CWB does not charge a fee for export licences, …”

and this is finally the truth. Why? Because NAFTA forbids export taxes.

SO, WHAT DOES IT MEAN? It means that regardless of whether the SUM REQUIRED BY 14(b) is the inside/outside price difference, or the pecuniary benefit, or some convoluted combination of both, the SUM IS ALWAYS ZERO.

Regulation 14(b) is always zero and therefore irrelevant. It means that the CWB either grants or denies export licences pursuant to regulation 14(a). Anyone granted an export licence is out of the monopoly. Those denied licences can only sell to the CWB. IT REALLY IS THAT SIMPLE.

[parsley]

Raven

I would not have been so ticked off, if the CWB had just admitted they refused Western Farmers licenses because that was the only way the monopoly would work, I would have respect for those protecting a monopoly.

But each one of them twisted.
Lied.
Manipulated.
Taunted.
Were devious.
Secretive

In other words, they are people I do not wish to deal with. They have shown they will do anything to farmers. They will spend money shamelessly. They will, in my personal opinion, and from my personal deductions: lie. cheat. steal

And all to retain power.

Even the power they have expropriated is not utilized to extract money from the marketplace.

It is used to feather the employees' savings accounts, and to supply government sourcerers with basement priced wheat.

Parsley

[parsley]

Q: And, tom4CWB, what corporations want to headhunt employees who have been trained with this mentality?

A: Other government entities.

Yes, well. Pars

[TOM4CWB]

Parsley,

People who are smart enough to learn what the CWB is ACTUALLY doing... won't be a part of it... and quit.

Parsley you and Raven may believe you have this 'twisted' mess all figured out... few other people even know where to begin!

Normally the Courts are the deciders of these problems... could we give this a try?

Millions in time and resources have been allocated... with what result?

Bluffing is a great game... when the courts back your bluff!

Hard to criticize any person who can't put up with the 'smell' and finds a better ethically based job... if this is a possibility in the corporate world today!!!

Make no mistake... the folks working at the CWB are SMART. You know it Parsley!

[parsley]

Raven seems to know how licensing works. As does Tom4CWB. A lot of people know that licensing is the key.

I didn't say that twisted, lying manipulative, taunting, devious, secretive people are dumb. Pars

[TOM4CWB]

Parsley,

Good thing I didn't say that; ...either; ... These intelligent folks can usually talk up quite a storm!

To be fair Parsley... they themselves almost always believe they on high moral ground. We to often tend to have an abstract concept of what 'coveting' our neighbours 'assets/lifestyle' really involves!

It becomes clear when they ask for $500/t more than they intend to pay; before they will issue an export license and leave me with all the risk!