Aristotle Oberg

[jdepape]

Wmoebis:
Does a "support" based survey include the ones by the CWB? If so, how do you explain how the majority of farmers want marketing freedom on barley, regardless of how the question is asked?

Does your theory mean that an "independent" survey would show even less support for the single desk in barley?

As for questions being layman's language, do you have a problem with this:

Do you support the CWB's purchase of lakers as reported on Feb 8, 2010?

Answer yes, no, or don't know.

What wording would make it easier?

[Raven]

TOM4CWB, you say:

"...the monopoly itself cannot be broken by an order in council to CWB management... and the Supreme Court has ruled twice against this.." [based on refusal to hear.]

Which two cases would that be? As far as I know, the Jackson case was about whether pedigreed seed needed an export licence; the Husband case was about a producer wanting an export licence (which was never appealed to the Supreme Court); The Barley Commission was a Charter challenge of the CWB Act; and the Governments losing attempt to remove barley by regulation was ruled as against the words of the Act. (I don't recall it being appealed to the Supreme Court, but stand to be corrected.)

All monopoly issues, but not about whether or not the Government could order the CWB to do things within the confines of the Act.

[TOM4CWB]

Raven,

Mr. Husbands case had not sought appeal... and let stand... Jackson and Western Barley had sought leave to appeal. Both turned down.

There are a very confusing and a long list of court judgements against proceeding with the issuance of export licenses... by the CWB Minister; without CWB agreement.

Court action would be an assured next step IF the request from the Minister of the CWB came for an exemption of some kind with export licenses.

Reality.

This is what I am trying to point out.

IN COURT.

Cost is great, no solution for some time... while an election could be this spring with a Conservative majority not out of the question.

[Raven]

Thanks, TOM4CWB
I appreciate the discusion. I agree that courts can be costly and slow, but they also can be effective. For example, after the CWB loss to Sommerville in the Supreme Court, (1972) the open domestic feed market has been of great benefit to farmers.

There have since been a lot of losses challenging the CWB, but there has been something to learn from all these cases.
For example, in Jackson, it was made clear that the CWB administers the national licencing Part IV of the act ON BEHALF OF THE GOVERNMENT.

Also, it is clear from the court that challenges against the legislation (CWB Act) are futile. (The Sommerville win was based on the application of the legislation)

You state: "There are a very confusing and a long list of court judgements against proceeding with the issuance of export licenses... by the CWB Minister; without CWB agreement."

I can't recall any of such cases so could you name some. I do know that in the 80's, the government ordered the CWB to grant export licences to Ontario farmers without court challenges.