Campbell decision overturned!!

[gustgd]

Let freedom reign!!!

Now let's get on with it and get back
to business.

[Fransisco]

http://www.winnipegfreepress.com/breakingnews/Court-of-Appeal-overturns-wheat-board-ruling-159489945.html

Court of Appeal overturns wheat board ruling

Agriculture Minister Gerry Ritz did not break the law when he introduced legislation to rid the Canadian Wheat Board of its monopoly on wheat and barley sales, the Federal Court of Appeal ruled today in overturning a lower court ruling.

A three-member Appeal court panel disagreed with Federal Court Justice Douglas Campbell that Ritz contravened the Canadian Wheat Board Act by not holding a vote among farmers before introducing his Marketing Freedom for Grain Farmers Act (Bill C-18). Campbell made the ruling last December.

Writing on behalf of his colleagues, Federal Appeal Court Justice Robert M. Mainville said he had "serious reservations" about the enforceability of section 47.1 of the Canadian Wheat Board Act, on which the case rested.

A group called the Friends of the Canadian Wheat Board and others had argued the section bound Ritz to holding a vote of Prairie farmers before introducing the legislation. Campbell agreed with them.

But the Federal Court of Appeal disagreed.

"A provision requiring that legislation be introduced into Parliament only insofar as an outside corporation or small outside group agrees does not appear to me to be merely a procedural requirement," Mainville wrote.

"The effect of such a provision is to relinquish Parliament’s powers in the hands of a small group not forming part of Parliament. I seriously doubt such a provision could be used to impede the introduction of legislation in Parliament or could result in the invalidation of any subsequent legislation adopted by Parliament…"

Despite the initial ruling, Ottawa pressed ahead with its legislation. As of Aug. 1, 2012, farmers will no longer be forced to market their wheat and barley through the CWB.

Meanwhile, the Friends and others have launched class action suits against Ottawa for eliminating the CWB’s single desk marketing powers.

[Fransisco]

Looks like there's a few boardies who are eating crow tonight. Dig in boys!

[Fransisco]

http://www.theglobeandmail.com/news/politics/judge-backs-ottawas-bid-to-break-up-wheat-board-monopoly/article4332304/

Judge backs Ottawa’s bid to break up wheat-board monopoly

The Federal Court of Appeal has upheld the government’s move to effectively dismantled the Canadian Wheat Board, dealing a blow to farmers who had opposed the law.

A group of former wheat-board directors, elected by farmers, argued that by law the federal government had to consult grain growers before making fundamental changes to how the agency operates. The government disagreed, saying it won a mandate in the last election to change legislation.

The farmers won a ruling in Manitoba upholding much of their claim but an appeal court has now overturned that decision, ruling that elected members of Parliament can change legislation as they see fit.

“I have found nothing in the record which leads to the conclusion that the repeal of the single desk as a whole or of the [Canadian Wheat Board Act] in its entirety were somehow made conditional to obtaining the prior consent of the CWB or of grain producers,” Mr. Justice Robert Mainville wrote in the ruling.

“In our system of representative democracy, which is similar in principle to that of the United Kingdom, the ultimate expression of democracy is effected through the elected members of the House of Commons and of the various provincial legislatures acting within their respective spheres of jurisdictions. Democracy in Canada rests ultimately on the participation of citizens in elections to the public institutions created under the Constitution.”

Agriculture Minister Gerry Ritz said he was pleased with the decision. The law removing the CWB’s monopoly over the sale of wheat and barley grown in Western Canada, “is in force and farmers are moving forward and contracting their wheat and barley with buyers of their choice for delivery beginning August 1, 2012.”

[parsley]

I am relieved to discover there remains some
sane justices in Canada. A margeurita for me
tonight!

[parsley]

Just got home, so thanks so much for posting the
decision, gusty. Made my day. Pars

[LWeber]

Anders Bruun: 8/10 Board of Directors called - their idiot is missing.

[sumdumguy]

Great news, now lets make our farmers some
real dough out of their labour.

[parsley]

Gusty, when did the decision come down?

[parsley]

We gotta have a drink together in this one, heh!
Well make that damn bucket buy. LOL Pars

[parsley]

You game, sumdum? Lol

[parsley]

I'm excited about this decision. Friends of the
Board should pay costs.

[bduke]

Agreed Parsley... The Friends of the CWB should pay... all costs for both
sides..... and not from the CWB pool accounts!

Campbell decision was obviously political as we suspected.

Cheers... Bill

[parsley]

I'm so pleased, Duke. Gonna be hard for them to
try and get this before the SCC.
Yahhhhhhhhhhh! Pars

[parsley]

maybe I'll have some chamPagne. I hv a good
bottle in he cellar. Hee hee. Giggle giggle.Pars.