PUBLICATION: Ontario Farmer
DATE: 2013.01.22
EDITION: Final
SECTION: Business
PAGE: A45
BYLINE: ALEX BINKLEY, ONTARIO FARMER
WORD COUNT: 463
Supreme Court dashes last hope of wheat board
supporters The court dismissed an appeal calling for a
review of the Harper government decision
The Supreme Court of Canada has dismissed two bids
for a review of the Harper government's stripping the
Canadian Wheat Board of its wheat and barley export
monopoly.
As usual, the high court gave no reason for its
decisions, issued Jan. 11, in the appeals brought by
supporters of the CWB monopoly. In a final sting, it
dismissed the appeals with costs meaning the
plaintiffs could be stuck paying the federal
government's legal bills in the two cases. The law
passed in December 2011 and came into effect last
Aug. 1. The CWB is much smaller but still in the
business of selling wheat and barley for Prairie farmers
and has arranged some canola sales as well.
One appeal was launched by a group headed by former
CWB chairman Allen Oberg after the Manitoba Court of
Queen's Bench questioned the basis for the
government's action but didn't order it stopped in a
Dec. 2011 decision.
The Federal Court of Appeal rejected Oberg's appeal.
Oberg and a group called Friends of the Canadian
Wheat Board asked the Supreme Court last year for
permission to file appeal.
Following the court's decision, Stewart Wells,
chairperson of the Friends of the Canadian Wheat
Board, said his group would press on with a class
action law suit against the government.
The Supreme Court ruling doesn't have "a direct effect
on our class action lawsuit to either restore the CWB or
obtain over $17 billion in damages from Ottawa for the
loss of single desk marketing."
"The class action is based on several legal principles
which were not before the Supreme Court and as a
result the class action is not affected by today's
ruling," he added. "While wheat and barley prices have
been exceptionally good due to severe droughts in
most of the world's grain growing regions, the fact
remains that producers have lost the premiums on
high protein wheat and malt barley which the CWB was
able to obtain for the benefit of farmers."
While the Harper government's treatment of the CWB
remains a contentious issue among some Western
farmers, many of them were too busy with a bumper
crop this past summer to expend much effort
celebrating or protesting the end of the monopoly on
Aug. 1. Plus they had no problem finding ready buyers
for their crops, which are bringing in profitable
returns.
The appeals centered around a clause in the former
CWB bill that said farmers had to be consulted in a
plebiscite on any changes to the Board's marketing
status.
The government argued it had already surveyed
farmers and found overwhelming support for ending
the monopoly. Plus Parliament has passed legislation
changing the CWB's role.
While it never came to pass, the farm groups that
supporting the removal of the monopoly had
threatened to sue Oberg and Friends of the CWB.
Agriculture Minister Gerry Ritz called the appeals
desperate and reckless action and that Ottawa was
giving growers the choice of selling wheat and barley
on their own or through a restructured CWB.
http://206.75.155.11/Agcan/m.bbsummaries.asp?
articleId=/agcan/clips/130122/f04191BH.htm
DATE: 2013.01.22
EDITION: Final
SECTION: Business
PAGE: A45
BYLINE: ALEX BINKLEY, ONTARIO FARMER
WORD COUNT: 463
Supreme Court dashes last hope of wheat board
supporters The court dismissed an appeal calling for a
review of the Harper government decision
The Supreme Court of Canada has dismissed two bids
for a review of the Harper government's stripping the
Canadian Wheat Board of its wheat and barley export
monopoly.
As usual, the high court gave no reason for its
decisions, issued Jan. 11, in the appeals brought by
supporters of the CWB monopoly. In a final sting, it
dismissed the appeals with costs meaning the
plaintiffs could be stuck paying the federal
government's legal bills in the two cases. The law
passed in December 2011 and came into effect last
Aug. 1. The CWB is much smaller but still in the
business of selling wheat and barley for Prairie farmers
and has arranged some canola sales as well.
One appeal was launched by a group headed by former
CWB chairman Allen Oberg after the Manitoba Court of
Queen's Bench questioned the basis for the
government's action but didn't order it stopped in a
Dec. 2011 decision.
The Federal Court of Appeal rejected Oberg's appeal.
Oberg and a group called Friends of the Canadian
Wheat Board asked the Supreme Court last year for
permission to file appeal.
Following the court's decision, Stewart Wells,
chairperson of the Friends of the Canadian Wheat
Board, said his group would press on with a class
action law suit against the government.
The Supreme Court ruling doesn't have "a direct effect
on our class action lawsuit to either restore the CWB or
obtain over $17 billion in damages from Ottawa for the
loss of single desk marketing."
"The class action is based on several legal principles
which were not before the Supreme Court and as a
result the class action is not affected by today's
ruling," he added. "While wheat and barley prices have
been exceptionally good due to severe droughts in
most of the world's grain growing regions, the fact
remains that producers have lost the premiums on
high protein wheat and malt barley which the CWB was
able to obtain for the benefit of farmers."
While the Harper government's treatment of the CWB
remains a contentious issue among some Western
farmers, many of them were too busy with a bumper
crop this past summer to expend much effort
celebrating or protesting the end of the monopoly on
Aug. 1. Plus they had no problem finding ready buyers
for their crops, which are bringing in profitable
returns.
The appeals centered around a clause in the former
CWB bill that said farmers had to be consulted in a
plebiscite on any changes to the Board's marketing
status.
The government argued it had already surveyed
farmers and found overwhelming support for ending
the monopoly. Plus Parliament has passed legislation
changing the CWB's role.
While it never came to pass, the farm groups that
supporting the removal of the monopoly had
threatened to sue Oberg and Friends of the CWB.
Agriculture Minister Gerry Ritz called the appeals
desperate and reckless action and that Ottawa was
giving growers the choice of selling wheat and barley
on their own or through a restructured CWB.
http://206.75.155.11/Agcan/m.bbsummaries.asp?
articleId=/agcan/clips/130122/f04191BH.htm
Comment