My Take on the cwbs court case

[AdamSmith]

I feel quite confident after reading through 47.1 last night.

Here it is.

47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless

(a) the Minister has consulted with the board about the exclusion or extension; and

(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister

Their argument is they have to have a vote, but is it being excluded from part 4.

My answer would be, kind of. You have to read part 4 and much of part 4 becomes mute if you take the monopoly away.

But the legislation repeals part 4 as well as part 5 where 47.1 is found.

So once the legislation receives royal assent, parts 4 and parts 5 are no longer the law of the land. In fact I think the whole stinking cwb act is being repealed.



So it really doesn't matter legally what the judge decides. Only politically.



The other thing to note is with respect to a vote, it clearly states the voting process is determined by the minister.



So if the Minister feels that politically he needs to hold a vote just set the rules accordingly.

Two choices #1 the new legislation or #2 the old legislation.

Single desk must achieve a super majority result say 75% otherwise the monopoly is gone.

Real farmers only and weight the vote.

Expensive but it gets the job done.

But I feel 99% confident the government will continue on without missing a beat, even if the judge rules against them.

So boys and girls, sleep well tonight for it's just a few more sleeps until freedom.

[Tom4Wildrose]

AdamSmith,

I agree. The Federal Court can't stop reform to the CWB monopoly. Minister Ritz adding crops to the new Act is also at question... if this crop thing is even in the hunt politically.

Will the Federal Court Judge look to extract the maximum blood and inflict the most political pain for the Conservatives... this is really the question.

I might be wrong... but It looks like this could be very messy.

[AdamSmith]

But I would strongly encourage the minister to resist the calls for a vote.

If every piece of legislation needed the aproval of the special intersets affected by the legislation we'd be Greece in two years.

Besides the freedom to run my farm as I see fit should never have to be put to a vote of my peers, period.

[sumdumguy]

Why do we need governments if judges are going
to run the show? Just because a judge has a
political bias, he can not be impartial to an issue
like this. Sawatsky's jail time is case in point.

[AdamSmith]

You know Tom it already is messy.
but if you believe in what your doing is right then the fight is worth it.

What's the saying "you can't make an ommlette without breaking a few eggs"

Taking away peoples entitlements is the hardest and messiest thing any goverment will do.

So none of this should be of great surprise.

[Burbert]

The last time, I checked into things in
Comedia, THE RULE OF LAW APPLIED, due
process is required. Since we are still a
democracy this principle should remain.
Whinning and snivelling don't cut it, even
wit the Harpsters in the drivers seat.
Rule by regulation doesn't cut it
either!!!!

[parsley]

What is most interesting is that the licensing part
of the CWB Act applies to all of Canada.

To Ontario.

Let's say the Band of Eight Western-only
directors make a motion to deny all Ontario grain
shipments from clearing customs. Licensing!

The minister can legally overide the directors.
Which liberal judge wants to overturn Ministerial
powers? Pars

[Braveheart]

Burbert, rule by foaming mouth mob doesn't cut it either.