Just in, finally its been put to rest.
McLEANS
Supreme Court will not hear challenge to wheat board changes
OTTAWA – The federal government has won another court battle over its changes to…
by The Canadian Press on Thursday, January 17, 2013 11:53am - 1 Comment
OTTAWA – The federal government has won another court battle over its changes to the Canadian Wheat Board.
The Supreme Court of Canada says it will not hear an appeal by eight former board directors of a lower-court ruling.
In 2011, the government stripped the board of its marketing monopoly on western wheat and barley.
The former directors argued Ottawa broke a law that governed the wheat board by not first holding a plebiscite among producers about its intentions.
The former directors won in Federal Court, but that was overturned in the Federal Court of Appeal.
But it’s unlikely to be the end of the battle: a coalition of wheat board supporters has filed a lawsuit seeking damages or an order forcing Ottawa to restore the wheat board’s monopoly.
As is its usual practice, the Supreme Court did not release details on why it decided not to hear the appeal.
BRANDON SUN
Supreme court rules against Canadian Wheat Board backers
By: Mia Rabson
OTTAWA - The Supreme Court of Canada today denied Canadian Wheat Board backers the chance to appeal a court decision which let the federal government end the board's monopoly last year.
The SCC denied leave to appeal to both the Friends of the Canadian Wheat Board and former CWB chair Allan Oberg.
Agriculture Minister Gerry Ritz said he was pleased by the decision.
"The overwhelming majority of Prairie grain farmers are already taking advantage of the benefits of an open market," he said.
"Our Government will continue to defend the rights of farmers and work with them to strengthen Canadian agriculture and our overall economy."
Ritz was in Manitoba Wednesday meeting with local farmers and announcing funding to help Manitoba food processors.
The groups were trying to have the country's highest court hear a challenge to a Federal Court of Appeal decision from June 2012 which ruled a lower court judge erred in saying Ritz broke the law when he amended the Canadian Wheat Board Act in 2011 without holding a vote among farmers.
Ritz changed the act to allow prairie farmers to choose on their own whether to sell their wheat and barley to the CWB or to other grain companies.
Wheat Board supporters were buoyed in December 2011 when Justice Douglas Campbell ruled Ritz had contravened the act. However Campbell wasn't asked to pass judgement on the bill amending the CWB act, so his judgement stood almost as irrelevant, particularly when a Manitoba judge then refused to grant an injunction against implementing the bill.
Nonetheless, the federal government appealed Campbell's ruling and the appeal court agreed, saying the provision in the CWB Act which required a vote among farmers was likely unenforceable because it took away the power of Parliament.
Stewart Wells, chair of the Friends of the Canadian Wheat Board, said the Supreme Court refusing to hear the case has no bearing on a class action lawsuit seeking to restore the CWB or sue for $17 billion in damages. That is the amount the group says farmers will lose by having the monopoly eliminated.
McLEANS
Supreme Court will not hear challenge to wheat board changes
OTTAWA – The federal government has won another court battle over its changes to…
by The Canadian Press on Thursday, January 17, 2013 11:53am - 1 Comment
OTTAWA – The federal government has won another court battle over its changes to the Canadian Wheat Board.
The Supreme Court of Canada says it will not hear an appeal by eight former board directors of a lower-court ruling.
In 2011, the government stripped the board of its marketing monopoly on western wheat and barley.
The former directors argued Ottawa broke a law that governed the wheat board by not first holding a plebiscite among producers about its intentions.
The former directors won in Federal Court, but that was overturned in the Federal Court of Appeal.
But it’s unlikely to be the end of the battle: a coalition of wheat board supporters has filed a lawsuit seeking damages or an order forcing Ottawa to restore the wheat board’s monopoly.
As is its usual practice, the Supreme Court did not release details on why it decided not to hear the appeal.
BRANDON SUN
Supreme court rules against Canadian Wheat Board backers
By: Mia Rabson
OTTAWA - The Supreme Court of Canada today denied Canadian Wheat Board backers the chance to appeal a court decision which let the federal government end the board's monopoly last year.
The SCC denied leave to appeal to both the Friends of the Canadian Wheat Board and former CWB chair Allan Oberg.
Agriculture Minister Gerry Ritz said he was pleased by the decision.
"The overwhelming majority of Prairie grain farmers are already taking advantage of the benefits of an open market," he said.
"Our Government will continue to defend the rights of farmers and work with them to strengthen Canadian agriculture and our overall economy."
Ritz was in Manitoba Wednesday meeting with local farmers and announcing funding to help Manitoba food processors.
The groups were trying to have the country's highest court hear a challenge to a Federal Court of Appeal decision from June 2012 which ruled a lower court judge erred in saying Ritz broke the law when he amended the Canadian Wheat Board Act in 2011 without holding a vote among farmers.
Ritz changed the act to allow prairie farmers to choose on their own whether to sell their wheat and barley to the CWB or to other grain companies.
Wheat Board supporters were buoyed in December 2011 when Justice Douglas Campbell ruled Ritz had contravened the act. However Campbell wasn't asked to pass judgement on the bill amending the CWB act, so his judgement stood almost as irrelevant, particularly when a Manitoba judge then refused to grant an injunction against implementing the bill.
Nonetheless, the federal government appealed Campbell's ruling and the appeal court agreed, saying the provision in the CWB Act which required a vote among farmers was likely unenforceable because it took away the power of Parliament.
Stewart Wells, chair of the Friends of the Canadian Wheat Board, said the Supreme Court refusing to hear the case has no bearing on a class action lawsuit seeking to restore the CWB or sue for $17 billion in damages. That is the amount the group says farmers will lose by having the monopoly eliminated.
Comment