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Wheat board seeks injunction against Tory legislation

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    #11
    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?

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      #12
      "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.

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        #13
        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...?

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          #14
          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!

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