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NDP Martin on Wheat Board "legal fight is over"...

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    NDP Martin on Wheat Board "legal fight is over"...

    Barry Wilson
    PRODUCER.com
    2013-01-19
    Last week’s Supreme Court refusal to review
    government legislation that ended the Canadian Wheat
    Board wheat and barley monopoly essentially ends the
    legal battle, says the NDP Board spokesman.

    And Pat Martin, veteran Winnipeg MP whose downtown
    riding houses CWB head offices, said Jan. 18 that the
    continued farmer pursuit of a class action suit against
    the Conservative government is a faint hope at best.

    During the House of Commons debate over ending the
    CWB single desk, Martin was one of the most fierce
    opponents.

    Now, in an interview after an NDP caucus meeting in
    Ottawa Jan. 18, he said farmers should be realistic that
    the fight has been all but lost.

    Last week, the Supreme Court refused to hear a
    Friends of the CWB appeal of an appeal’s court
    judgment last year that dismantled a Federal Court
    judgment that concluded without farmer consent to
    dismantle the CWB monopoly, the government and
    agriculture minister Gerry Ritz were violating the rule
    of law.

    The appeals court ruling last year said the government
    acted within the law and the Federal Court ruling was
    wrong.

    The Supreme Court rejected an appeal to review that
    decision.

    “I don’t see any other recourse from a legal point of
    view,” said Martin. “In Winnipeg we’re still reeling with
    the impact and the ramifications and jobs lost but I
    think the legal fight is over.”

    The FCWB vowed last week to continue a class action
    suit against Ottawa demanding $17 billion for lost
    income and assets because of the loss of the single
    desk.

    Martin counseled farmers not to make an assumption
    of winning a part of their business plan.

    “My sense is that there is not much of a basis for a
    class action suit because you would have to start from
    the assumption that the government did not have the
    right to implement this and the courts have ruled on
    that,” he said. “It is uncharted waters and you never
    say never but it really boils down to a very faint hope.”

    #2
    http://206.75.155.11/Agcan/m.bbsummaries.asp?
    articleId=/agcan/products/news/f0022236.htm

    Comment


      #3
      Wheat board declared dead


      Brandon Sun
      ONLINE EDITION, 2013-01-18
      OTTAWA - A final bid by Canadian Wheat Board
      supporters to have the courts reject the end of the
      agency's monopoly has failed.

      The Supreme Court of Canada Thursday denied leave
      to appeal in two separate cases, both dealing with the
      same issue.

      Former CWB chair Allan Oberg and the Friends of the
      Canadian Wheat Board separately filed appeals to the
      highest court, asking it to assess whether Agriculture
      Minister Gerry Ritz broke the law by ending the CWB
      monopoly without a vote of farmers.

      In December 2011, a federal judge ruled Ritz had done
      just that but the ruling was not an actual challenge of
      the law itself and therefore it did nothing to stop it. A
      Manitoba judge later refused to grant an injunction
      against the legislation, based on the federal court
      decision.

      Last June, the federal court of appeal overturned the
      original finding, saying Ritz had in fact not broken the
      law. The appeals' court judges said the provision in the
      CWB Act which required a vote among farmers was
      likely unenforceable because it took away the power of
      Parliament.

      Oberg and the Friends' group went to the SCC to
      challenge that decision.

      Stewart Wells, chairman 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.

      Ritz said he was pleased with the decision Thursday.

      "The overwhelming majority of prairie grain farmers
      are already taking advantage of the benefits of an
      open market," he said.
      http://206.75.155.11/Agcan/m.bbsummaries.asp?
      articleId=/agcan/products/news/f0023679.htm

      Comment


        #4
        DNUMBER 201301190103
        DOCID: 159357245
        PUBLICATION: Edmonton Journal
        PAGE: D1 / Front
        DATE: 2013.01.19
        SECTION: Business
        EDITION: Final
        BYLINE: Bill Mah
        SOURCE: Edmonton Journal
        WORD COUNT: 539
        Initiatives needed for grain gain; Ottawa's plan to
        bolster wheat industry includes innovation

        Stripping the Canadian Wheat Board of its monopoly
        on wheat and barley sales is only the start of the
        federal government's "modernization" of the industry,
        federal Agriculture Minister Gerry Ritz said Friday.

        In addition to the establishment of marketing freedom,
        Ottawa plans to cut farmers' costs, invest in innovation
        and develop new markets, Ritz said at the western
        Canadian Wheat Growers Association convention in
        Edmonton.

        Wheat in Western Canada brings in nearly $4 billion to
        the farm gate and represents $5.6 billion in exports,
        but Ritz said the crop is in decline despite the growth
        of the middle classes in markets such as China and
        India.

        "We've seen slippage in our production capacity of
        wheat over the last two decades - less and less wheat
        being grown, less markets demanding hard red (wheat
        variety) predominantly," Ritz told reporters.

        Scientists are mapping the genome of wheat and that
        could lead to stronger and gluten-free varieties, he
        said.

        Ritz said the government also wants to make it easier
        for farmers to get their wheat to market by introducing
        the Fair Rail Freight Service Act, which would give
        shippers the right to enter into a commercial service
        agreement with the railways.

        "The average shipment in Western Canada is 1,400
        kilometres to get it to port and that takes rail in most
        instances to do it. There were a lot of instances where
        the railways would step up to the challenge and do a
        great job ... and there were other instances where it
        slips a little bit."

        Amendments introduced to the Canada Grain Act as
        part of the budget eliminate mandatory inward
        weighing and inspection of grain done between
        elevator and port by the Canadian Grain Commission.
        Ritz said that will cut $20 million out of the farmers'
        cost of shipping grain yearly.

        "With farmers no longer owning the wheat to port as
        was done under the Canadian Wheat Board, there was
        no need for that anymore."

        Ritz also revelled in Thursday's decision by the
        Supreme Court of Canada that it will not hear an
        appeal by eight former Wheat Board directors who
        argued the government should have held a plebiscite
        among grain producers before making radical
        changes.

        Ritz said stripping the board's monopoly "has gone
        well" for farmers.

        "At the end of the day, they were able to capitalize on
        some pretty good prices in the marketplace and deliver
        in a timely way. A farm's like any other business; it
        relies on cash flow."

        Farmers attending the convention applauded Ritz for
        removing the board's monopoly on western wheat and
        barley sales.

        "The transition from the single desk to the open
        market has worked so extremely well and it's been so
        seamless," said Rolf Penner, a wheat farmer from
        Morris, Man. "We all expected some kind of hiccup
        somewhere and really there hasn't been any."

        But Wheat Board supporters such as the National
        Farmers Union vowed to continue their fight.

        "This is a dark day for western Canadian farmers and
        the marketing agency that worked solely on their
        behalf," said president Terry Boehm, in a statement
        released Friday.

        "Farmers will continue to pursue this matter in the
        courts, through our class action suit against the Harper
        government."

        bmah@edmontonjournal.com twitter.com/mahspace

        Comment


          #5
          ah,yes. The NFU, they still think we're in the 1940's ,
          sad. Feels good to do what i want with MY wheat! Hey!
          Just like i've been doin' with canola since i started
          farming!

          Comment


            #6
            The NFU is out of touch with farmers when they
            stoop to the level of supporting the "Idle No More"
            loons. It seems to me they are more of a
            Harper/Conservative hating group these days
            than a farm group.

            Comment


              #7
              Well if handing over our country to China and we have
              no recourse to increase our environmental laws
              without being taken to court by china. Then the 'idle
              no more' group has it right.
              Just Curious but what does a Conservative conserve?

              Certainly not the environment, the country, the
              resources, etc

              Comment


                #8
                Ironic as I seems, Alan Blakely has a lot to do
                with our prosperity today. Does anyone
                remember him locking in the oil and saving it
                because there was a finite supply? That was
                back in the early 80's. Alberta wasn't saving
                theirs.

                Comment


                  #9
                  Does any body know how much court costs including the government portion cost the friends of the CWB?

                  Comment


                    #10
                    Most of your final payment!

                    Comment


                      #11
                      WD9,

                      Wasn't that the boats? I bet that is the hold up for Final
                      Payments this year.

                      Comment


                        #12
                        The cwb pee-ons said the request is into the government for final payment.

                        Its between 12-20 bucks if I remember. I quit listening once I figured it was around 45 cents a bushel.

                        Maybe the government, if they had a lick of sense, would send in the auditor general now before they approve it.

                        They should have sent the AG in when they decided to take so long to issue finals.

                        Comment


                          #13
                          Why dont u just phone Ken Matoiuk on the board of directors

                          Comment


                            #14
                            wd9 LOL, now that, is funny. Cracked me up real good.

                            Comment

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