Anyone going to Winnipeg to sit in the court room tomorrow?
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If a court interprets the law and parliament makes the law, if the law changes during a court case does the court then interpret that law?
Seems he who makes the rules wins the game, but it would seem the outcome of the court case matters not, the law is changing. But maybe not. Can a court overturn a parliamentary voted in law?
What would happen? Anyone with a law degree?
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No law degree, but here is my interpretation. The
judge must rule on the law currently in place. The new
Bill has not yet been proclaimed so it is not yet law.
However, the judge would have discretion to look at
what is impending and could deny or suspend. So I'd
say 50/50. If the new Act is proclaimed the Feds will
have time to leave for appeal. At the end of the day,
Parliament owns the deck. It could end up in the
Supreme Court. Any other viewpoints?
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Ritz didn't take wheat,durum or barley away from the cwb, they chose not to offer any further contracts.
The cwb has not been denied to carry on business. Only Oberg has made that choice.
Hopefully, any level headed judge would see it that way.
Ritz doesn't need to ask to change the cwb from a non-voluntary entity to a voluntary one.
Now if he was saying that the cwb could no longer deal in durum (which was never asked on the plebiscite either) that would be a different story.
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Directions to the Corporation
18. (1) The Governor in Council may, by order,
direct the Corporation with respect to the manner
in which any of its operations, powers and duties
under this Act shall be conducted, exercised or
performed.
Directors
(1.1) The directors shall cause the directions to
be implemented and, in so far as they act in
accordance with section 3.12, they are not
accountable for any consequences arising from
the implementation of the directions.
Best interests
(1.2) Compliance by the Corporation with
directions is deemed to be in the best interests of
the Corporation.
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