Farmers Win Against CWB the Right to go to Court

[parsley]

A group of class-action farmers went to court in 2002 charging the CWB with taking money out of the pooling accounts to pay for national licensing costs. The CWB tried to have the motion struck, but the court agreed with the farmers and the case will actually proceed. The CWB are quite the crew. The Federal Government is supposed to be paying these costs, and yet the CWB has been sticking Prairie farmers with the bill!

Parsley

[melvill]

Hey, Parsley, where have you been? Haven't heard from you in ages.

[TOM4CWB]

Mellvil;

What kills me on this case is...

The the CWB itself argued it had "NO DUTY OF CARE" to farmers in western Canada... like it was none of our business if the CWB followed the CWB Act... and failed to charge export licensing costs to the Canadian federal gov.... as the CWB Act states the CWB Administration is to do.

For the CWB to try to strike this type of action from the Federal Court... an action launched to recover money for the pool accounts for the benefit of "designated area wheat and barley producers" leaves me awe struck!

Chairman Ritter and Mr. Flaman... your board of directors is beyond belief.

You argue to the WTO that;

You, the CWB are there to maximise grain producer's returns...

while arguing out of the other side of your collective mouths that you have "No duty of care" to those same producers to maximise those same returns they are to receive ... in this case before the Federal Court.

Why anyone would trust a word they say is beyond belief!

Amazing what you can buy with our own money... and pay millions to deceive those you were elected to serve...

[parsley]

Tom4CWB,

Farmers have been told so often by the Board, that the CWB is the farmers' Wheat Board, that farmers have difficulty in understanding that LEGALLY, the CWB is correct....they have NO duty of care to farmers other than to issue farmers a permit book

Melville,

Travellin', Travellin', Travellin'. Glad you missed me!

Hey, Agrivillers,
Is there anyone out there that will object to having all national licensing cost returned to the pooling accounts if this case is won? Like $millions, boys.

Parsley

[charliep]

Parsley

Anything you can share on your trips? Sometimes the best ideas come when we are away and looking at how others approach the world.

[parsley]

A few observations that you already know;

1. People are basically wonderful all over the place. I'm so pleased to belong to a race called people.

2. You shouldn't be governed by folks, or trust folks, who don't trust you and think you're too stupid to make decisions about what is good for yourself.

3. The Da Vinci Code is great reading, but be prepared to do nothing else but read. No eating or sleeping.

4. Canadians are a little too smug about patting themselves on the back as being kind and gentle and caring and generous. We don't have the monopoly there.

5. Shouldn't be a cowboy who doesn't read the book, Dying for a Hamburger, written by the head coroner from Toronto. Good airport reading. If you raise beef, read this book. If you eat beef, read it. If you want a beef industry, really think about what you have read.

6. We can learn a lot about people's health by looking at them. If you like how they look, ask them what they eat and how the food is prepared. How they get exercise. We can learn a lot from other cultures.

7. Don't pretend to be a bloody do-gooder in someone else's territory.

Parsley

[cropduster]

So ,Parsley,did you read DaVinci`s Code on a beach?Read a book on Cayman and burnt my back......Normally should rotate every couple of pages.At least every chapter!!When`s court?

[parsley]

Well the action was launched in 2002, and of course the CWB tried to get a motion to dismiss. They gave every reason they could think of for the court not to hear the farmers, but when the dust settled, the court will hear the case.

The question is, why isn't the CWB just following their own Act and paying national licensing costs in the first place?

But it will proceed. And the court will want the CWB books opened to see how much is owing. Thirty years? Twenty year of paying when they didn't have to pay? A lot of digging through CWB accounts, I'd guess.

Hope Gomrey isn't planning on retiring.

Parsley

[melvill]

Parsley, quite honestly, I wasn't aware of this "national licensing cost" issue.

Is there some place I can read objectively about the issue? I'm not particularly interested in pro or con statements by either side in the argument.

[Vader]

lee,

not sure if this is a "pro or con statement", but my understanding is that the cost of providing licences to those outside of the designated area would be a small portion of one persons salary. If none of that activity took place the same person would still be doing essentially the same job as they are today. Estimated cost is about $1500.00 per year based on the prorate. Cost to recover the $1500 from the federal government could easily exceed the benefit.

My prediction is that the courts will ultimately see the rational in this explanation.

Court costs will likely be in the 10's of thousands. I wonder if the CWB will demand the claimants pay for court costs when they lose.

[parsley]

Melvill,

The CWB Act is the authority and certainly from what I hear, the merchant Law Group has had enough lawyers studying the Act to take anyone's breath away.

Of course the CWB has consistently tried, in both public and to Westerners, to pretend that the CWB's national licensing costs in Quebec and Ontario are the only ones the Federal Government should pay, and they are so small it's neglible.

But, the cost of licensing in every province, by every applicant,is a part of National licensing and the Act says the total cost of national licensing is legislatively, to be paid by the Feds.

The Federal Government gave the CWB SOLE authority to be the only one in Canada to issue export licenses, in 1947. Two years ago, Ontario wanted the Federal Government itself to begin to issue licenses, but the CWB cried themselves to sleep every night and started wetting the bed, so the Feds allowed them to continue issuing export licenses. They probably didn't want to open up the Act.

The licensing part of the CWB Act applies equally to all applicants, right across Canada, whereas the Marketing arm, that many Westerners are are more familiar with, applies only to the Designated Area.


To try and pretend that the Federal Government would pay the national licensing costs of everyone BUT the West, reveals a Wheat Board that is trying to defend the constant stealing they have been doing. Taking cash out of our pooling accounts to pay for a Quebec millers flour is both unfair and illegal. But making Prairie farmers pay for the its' own West's licensing costs, when the Federal Government is to bear that national cost is totally irresponsible.

And the Act iswhere I got this.

Parsley

[parsley]

Vader,

Let's talk about costs.

There is an entire licensing Department in Winnipeg. I agree.


The Federal Government should pay $15,00.00 for the "Miss CWB Employee" (your figure, but for this forum I won't quibble)for licensing duties outside the DA. Perhaps 1/4 of her worktime? I agree.




AND HERE IS THE IMPORTANT POINT:



The Feds also must pay the cost of licensing in the West. The West is also part of Canada, Vader.

The entire cost of the Licensing Department,the remainder of Miss CWB's $45,000.00, all the pensions, for at least the past 15 years must be re-imbursed by the Federal Government into the pooling accounts. Plus interest.

Vader, the licensing function lies in the national Part IV of the Act and NOT in the regional Marketing Part II of the Act. And that national licensing applies equally to all Canadians. I'm a Canadian.


Parliament did not intend the Government to pay everyone's licensing costs EXCEPT the West. Parliament intended the Government to pay everyone's licensing costs. The CWB ought to be ashamend.


And there is more Vader.


Last year the CWB bragged that the cost of the trade war was $10Million . But the Act says that the cost must be borne by the Federal Government. The CWB can send observers, for which the CWB must pay, but the Government is utimately responsible for the cost of a trade dispute. How many years has the CWB been taking trade dispute costs out of the pooling accounts?
How much money, with interest must be put back?

Think about this. National licensing does not include just the actual licensing, but it includes the cost of developing policy. For example, the cost of Ontario trying to withdraw from the grips of CWB licensing, the meetings, the trips to Ottawa.

The Export Manufactured Feed Agreement had to be developed, staffed, and CWB feed mill inspectors hired. All so feed mills could bypass Board pooling. All licensing costs are supposed to be paid for by the Feds but they are coming out of the pooling accounts. What is the matter with the CWB?

The cost of charging farmers for going across the borders without export licenses is a national licensing issue, and Ralph Goodale's continual heavy-handed presence certainly validates that idea So the cost of all the court cases is a national licensing expense. In fact, the CWB have continuously claimed that it was Customs and not the CWB who was pushing jail and fines. Therefore the Federal Government is responsible for paying the bill.

And if the CWB Directors had any decency at all, they would be sending the bill to the Federal Government, and re-imbursing the pooling accounts. They would be harassing the Government to pay. It's the decent as well as the legal thing to do.

Farmers are not helpless. We can definitely fatten up the pooling accounts.

Parsley

[parsley]

Vader,

It's hard to deal with the straight facts, isn't it? They are difficult to refute.

"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence". John Adams