Not a lawyer BUT!

[mustardman]

cpallet good post, All the board supporter I know Have said if the Vote came in favour of the Open market they would abide by it. Most are just pissed at the way this was handled by Harper and his handpuppet ritz.

Ironic that the tough on crime guys seem to think they can break the law and its ok.

[liberty]

My final question in this forum: in what way does the present bill "dissolve" the CWB? I repeat, removing the single desk does not dissolve anything.

[Braveheart]

Perhaps the Chief Justice of the Federal Court conveniently forgot that a government cannot enact legislation which binds a future gov't and prevents it from action.

As the Liberal party believes it is entitled to govern Canada, they do believe their legislation is entitled to bind future differing governing parties.

[Fransisco]

Mono's would never support an actual vote. They would disagree with everything, the voters list, the question, the definition of a farmer and ultimately the outcome.

The Barley plebiscite proved that one.

[wilagro]

The judge was right...Ritz got reprimanded for trying to RAM this whole "transition" to an "open market" down farmer's throats without their approval. Ritzes confrontational approach ensured resistance and his fuzzy thinking was quite evident resulting in this historical injunction.

[liberty]

What injunction was handed down in this judgement? Nothing of the sort occurred.

[Burbert]

It seems that the Progressives are
struggling, wit their majority. Could
it be that they don't know the rules or
simply can't govern because they are
sooooo tied to special interest groups.
Trying to pay them back for funding
their party. In the past, they always
blamed it on being a minority gobermont
and couldn't proceed wit their agenda.
There sure seem to be some goof balls,
giving them advice as to what to do wit
their wonderful majority. BY THE BYE,
what the heck is going on relative to
the gun registry.......... NOTHING TO
DATE. Kinda hard ta argue against
safety I guess!!

[oneoff]

"One wonders whether this was a case of gross incompetence or deliberate."

An excellent observation. Could we also add relying on inept legal opinions, as well as all the possible combinations of gross incompetence, poor legal advice and rigid agendas.
Neither am I anywhere close to condoning the tactics used in the CWB responses. There have been recent rulings that spending money on self-serving promotion is not to happen. After witnessing the CWB voting process and plebicte question; one is also entitled to be suspicious of democratic principles championed by that organization. Complaining about not being allowed to purchase grain handling assets, while obviously purchasing ships and hopper cars seems incongruous.
As of today; we have a Minister; and I assume by direct association, a whole Federal government who have been found "an affront to the rule of law". Jeez. Thats the most damning ruling ever uttered. Right now I'd have to side with the Judge Campbell. It shouldn't be hard for a majority government to obey laws; until they enact their own version of their agenda.

No one could have completely bungled these legislative changes more completely. Makes you wonder if they can read; negotiate, use their power legally and fairly, understand democratic principles and obligations; know where to turn to for advice that has a chance of standing up; and especially how to implement the platforms that a majority government wishes to become a part of the laws of Canada.

My prediction is that the CWB will eventually meet its deserved demise. It should have been a viable option. The pity being it was such a bloody process and took way too long to accomplish. Compulsory marketing control is guaranteed to come at someone else's expense. For that reason, if those who are benefiting can't satisfy their benefactors; the changes in legislation can't come soon enough...........................

[cpallett]

Excellent post oneoff. There never has been any doubt that the federal government has the power to repeal and re-enact legislation. The problem that appears to have befuddled the 'Harper Government' is the the rule of law requires that due process be followed.

Think back a moment to the disabled veterans case. The Feds admitted breaching their fiduciary duty to the disabled veterans (read 'stealing their money'), but then passed a law making it legal after the fact (Liberal government on that one). Got away with it.

Get used to it, the Feds can do just about anything they want, provided they follow the procedural rules.

Apparently the majority of voters trusted their hard-earned tax dollars to some folks that cannot read and follow a rulebook. Not particualrly confidence inspiring going forward.

[oneoff]

"Get used to it, the Feds can do just about anything they want, provided they follow the procedural rules."

Another good point I wholeheartedly agree with. But what about those who justify breaking the "procedural rules" This thought also applies generally to all members of a democratic society. The reeve of your local RM may tell you "I can do anything I want to". Anyone may rob their local bank, grocery or liquor store. There are "after the fact" possible penalties and repercussions (at several levels). In the case of the reeve you may have to be content with reminding him/her that "That does not make their actions right" and legal consequences could flow from the other unlawful deeds.
But lets be honest. Most times there is no widespread outrage, interest or even a whimper as people remain apathetic, unconcerned and cower in the "safety" of ignorance of what is going on with their business.

And that is how, over a period of time, one more piece of the democratic foundations is lost. When leadership of governments and bodies created by government have no respect for the current laws, bylaws, Acts and resolutions of government bodies; then it is an extremely poor example for a common member of society.

[FarmRanger]

....but creating laws that showed no respect for the farmers who were forced to sell to the CWB was perfectly acceptable. What an crock.

[oneoff]

Perhaps democracy is often taken for granted; or never properly protected; or is largely lost, but never noticed.

The separate issues are what goes on within the democratic structure in terms of fair play; accountability; abuse of power; entitlements, control, consultation, lobbying, cheating....
Those issues must be monitored by the members of society and are everyone's responsibility.
Degeneration to chaos and tyranny is possible. History repeats itself; and the proof lies in our past.