When is the Barley case coming up?

[just_wondering]

When is the Barley case coming up?, It's now crop week in Saskatchewan and cropping intentions are being finalized. When will the courts hear the Barley Case and how long will it take?
Western barley producers voted overwhelmingly in the spring plebiscite to have the right to market barley outside the Canadian Wheat Board
- The provincial governments of British Columbia, Alberta and Saskatchewan (which together represent almost 100% of malt barley growers and 90% of Western Canada's total barley production) now support marketing choice for all types of barley
- Malting Industry Association of Canada (MIAC) has called upon the federal government to move forward with total barley deregulation by August 1, 2008.
- The Western Grain Elevator Association has called for the end of the barley monopoly
- The federal government said in the throne speech we were going to get market choice.

But here we are, almost a year after the plebiscite and nothing has been done!

Why isn't anything happening?

[charliep]

I'll provide the source of the when question versus the why.

http://www.agr.gc.ca/cb/index_e.php?s1=n&s2=2007&page=n71212

MINISTER RITZ LOOKING FORWARD TO FEDERAL COURT OF APPEAL DECISION
OTTAWA, Ontario, December 12, 2007 – The Honourable Gerry Ritz, Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, today issued the following statement regarding the Federal Court of Appeal’s announcement that it will hear on February 26, 2008 the Government of Canada’s appeal of a July 31, 2007 Federal Court decision that delayed implementation of marketing choice for barley producers in Western Canada.

[charliep]

the hearing is in Winnipeg, note here, it is during Grain World, so any one attending that could go over to the court and voice your thoughts there to the media!!
Erik

[Raven]

If you read the ruling, at paragraph [7] the Judge states: "Under Parts III and IV of the Act, the CWB has exclusive control over wheat produced in the designated area." And at paragraph [8]: "Amendments to the Act in 1947 gave the CWB the exclusive authority over the marketing of wheat."

But back in 1972, before there was off-board domestic feed grains, the Supreme Court of Canada stated (R. v. Sommerville): "The Act does not purport to give to the Board complete control of all grain grown in those provinces within the designated area to which the Act applies."

There's an old saying that if a lie is repeated enough times it becomes accepted as fact.

[Raven]

As well as the Sommerville case, the other landmark Supreme Court case is Murphy v. CPR. [1958]. In that case Justice Rand stated:
"Part III deals with VOLUNTARY MARKETING." (capitals emphasis added)

[just_wondering]

Canadian Wheat Board offers new choice in barley marketing, but runs into critics
2 hours ago
WINNIPEG - The Canadian Wheat Board unveiled a new option for producers of malting barley Wednesday, but the move did not appease critics who want an end to the board's monopoly.
The wheat board announced a new pricing program that will offer malting barley producers a guaranteed upfront price based on the cash spot market. Farmers would be allowed to negotiate additional terms with grain-handling companies.
They would continue to have the traditional option of pool sales, where the price fluctuates less frequently.
"Farmers have indicated that they want a strong and viable Canadian Wheat Board, and they want more choices. Under this program, they will have both," said Allen Oberg, a farmer-elected wheat board director.
The deal, however, was quickly panned by grain companies.
"We could be losing revenue as a country and as an industry...and that's a serious concern," said Wade Sobkowich of the Western Grain Elevator Association, a group that handles the vast majority of western grain exports.
The wheat board proposal could give farmers a lower initial payment, Sobkowich said, and that could convince many producers to switch to other crops and reduce the supply.
Federal Agriculture Minister Gerry Ritz also blasted the proposal, calling it an "imitation marketplace."
"Farmers have demanded marketing choice. No bureaucratic program can replace this," Ritz said in a written statement.
The federal government, with the support of many farm groups, is trying to remove the wheat board's monopoly on barley to allow producers to sell independently. Its first attempt last year was quashed by a Federal Court judge.
The wheat board, also supported by many farm groups, argues the current system gets farmers high prices because they're not competing against each other for sales.
Oberg said he hopes the grain companies change their mind and support the new program.
"I think we have common interests," Oberg said.
"We want to sell barley and they wish to buy barley, so I think there's still a reasonable chance to reach an agreement and get this business going."



Jan 09, 2008 18:21 ET
Minister's Statement/Minister Ritz Supports Open, Competitive Grain Market
OTTAWA, ONTARIO--(Marketwire - Jan. 9, 2008) - The Honourable Gerry Ritz, Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, today issued the following statement regarding the Canadian Wheat Board's release of a cash pricing plan for the 2008 malting barley crop:

"Attempts by the Wheat Board to invent an imitation marketplace fall far short of the expressed will of barley producers. Farmers have demanded marketing choice. No bureaucratic program can replace this. It is time for the CWB to stop ignoring this unavoidable fact.

"The CWB's proposed scheme does not go far enough to offer accurate and transparent price signals back to the farm gate. This is nothing more than a diversion while still allowing the Board to retain an out of touch, centrally-controlled monopoly.

"The CWB appears perplexed by the fact its program continues to receive harsh criticism from industry and producer groups. The Board might have anticipated this push-back had it engaged in broad, meaningful consultations or taken seriously the mandate granted by the 62 per cent of barley producers who demanded marketing choice.

"As Minister, I have repeatedly advised the Board to consult with producers - the very constituency they purport to represent. I am disappointed that after months of inaction, the CWB has gone ahead with a plan that promises to be heavily bureaucratic, ineffective and contrary to the will of farmers and industry.

"Unlike the CWB, I believe the voice of farmers and industry matters. Western Canadian barley farmers have said they want marketing choice. This Government puts farmers first and we are working hard to give them this freedom."