Wheat board seeks injunction against Tory legislation

[chuckChuck]

Wheat board seeks injunction against Tory legislation
paul waldie
WINNIPEG— Globe and Mail Update
Published Wednesday, Dec. 14, 2011 12:28PM EST
Last updated Wednesday, Dec. 14, 2011 1:34PM EST

The Directors of the Canadian Wheat Board are filing a lawsuit in a Manitoba court to stop the federal government from passing legislation to effectively scrap the agency until all of the legal issues surrounding the bill have been settled.

A Federal Court judge recently ruled the government acted illegally in introducing Bill C-18, which seeks to end the board's monopoly over the sale of all wheat and barley grown in Western Canada. The judge said the government must call a vote among farmers before proceeding with the bill.
More related to this story

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* Conservatives to invoke closure on Wheat Board bill in Senate
* Liberals want Governor-General to block Tory wheat-board legislation

Infographic
Canada's farm population vs. number of farmers in Commons
Video
End near for wheat board monopoly

The government has appealed the ruling but plans to continue to implement the legislation, which is to take effect in August. The new court action seeks an injunction to block passage of the bill until the appeal is heard.

The government is “acting above the law,” wheat-board chairman Allen Oberg said Wednesday morning.

“Farmers were promised by successive federal governments – including the current minister and his predecessor – that any changes to the CWB's marketing mandate would be put to a producer vote, as required by law,” Mr. Oberg said at a news conference.

“The Harper government has reneged on that promise. It is now breaking the law and ignoring an order of the Federal Court. This must stop. We want farmers' democratic rights to be respected and the government to stop acting as if it is above the law.”

[malta]

To paraphrase Bob Rae. Western farmers are too incompetant and stupid to market their own wheat. They need to be protected from the evil American corporations. Ontario farmers are capable and competant and we support their right to choose. By the way we like the new American flour mill to be built in Guelph.

[bucket]

Harper should now introduce a bill to put marketing boards in place for everything.

How about a car marketing board, a house marketing board etc.

Now its starting to sound stupid, right?

[bucket]

According to the PROs, I was promised better money for my durum but the CWB just says tough shit, we will spend your money for you.

Ritz might be taking the long hard road but he is getting to the right end.

[liberty]

One would think that the CWB directors are running out of time. Royal assent for the bill is due at the end of this week, at which point Ritz will fire the directors and appoint replacements who will promptly drop the lawsuit.

Of course, that does not prevent Friends of Communism from starting up another lawsuit, but at least they'll have to do it on their own dime.

[oneoff]

What has stopped the CWB from prepaying all sorts of legal challenges, long after the farmer board of directors have been relieved of their duties?
Since it appears the CWB has finished its sales program for this year; why not issue any requested "export permit" for any grain not currently under contract.

[wauchope]

anyone know this guy ? and how much truth is there here
"Ned Franks, a politics professor from Queen's University and an expert in parliamentary procedure, said last week he believed a court would easily grant an injunction to prevent the bill from being implemented as long as the bill is before the courts. Franks said the courts cannot stop Parliament from debating or passing legislation, but can intervene when Parliament tries to act on a bill."

quoted from the winnipeg free press

[Braveheart]

The NFU issues handbooks to all agents. Captured copies of "Anarchy And The Destruction Of The Free Market" reveal chapter 4 details how to use meaningless votes to insert democracy into everyone's private business. Chapter 6 is about using the courts as a stalling tactic.

Unfortunately, printing of "Grain Marketing for Dummies" has been cancelled due to the low membership numbers at the NFU.

[stubblejumper]

Don't put your arms in the air till the puck is in the net.

[Braveheart]

Wauchope, for every professor with an OPINION like professor Ned, there's another with a differing opinion.

This type action is open to interpretation, and/or political prejudice, personal pride and sometimes ignorance of the real facts.

Ned Franks is by far the last word.

[Braveheart]

Stubble, I don't underestimate my oppnents. As far as putting the puck in the net, the way the other team is acting I'd rather drop my gloves. Wanna go?

[cpallett]

"Ned Franks, a politics professor from Queen's University and an expert in parliamentary procedure, said last week he believed a court would easily grant an injunction to prevent the bill from being implemented as long as the bill is before the courts. Franks said the courts cannot stop Parliament from debating or passing legislation, but can intervene when Parliament tries to act on a bill."

True, but what is being debated in the courts is not Parliament's power to end the monopoly of the CWB, but rather the manner in which they have chosen to end that monopoly.

The bill itself and/or the validity of any of its provisions is NOT before the courts. No section of Bill C-18 is being attacked as invalid or beyond the power of Parliament to enact. The only question is whether by refusing to repeal section 47.1 as a stand-alone before introducing Bill C-18 the Feds violated the rule of law. Justice Campbell and I agree that they did violate the rule of law, and we also agree that there is no remedy immediately available.

I doubt very much any court will grant an injunction before the Supreme Court of Canada has their say. That would be stupid, to say the least. Law Professors can pop off and be quoted out of context at will, but judges are accountable.

So yes, the court can intervene, but no it is not very likely they will choose to do so at this juncture, if at all.

All this despite the fact that the CWB has been wise enough to retain John Lorn McDougall who is one of the best and most experienced counsel in the country. Not cheap, but damn good (and I mean damn good), and a fine fellow to boot.

[sddickson]

Time is running out, one more sleep for the BORG COLLECTIVE !!!
10 ....9 ....8 ....7....6....
Will it be tomorrow or the next day, bill c-18 is given royal assent...?

[sumdumguy]

It wont be a minute too soon! Hope the export
permits are at the printing press now.

Good luck to all who have fought so hard for
freedom!