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Still out for justice

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    Still out for justice

    Still out for justice
    Cyril Doll - Monday,13 February 2006
    Western Standard

    During the last week of November, Regina was bursting at its seams as the city of 200,000 hosted the 35th annual Canadian Western Agribition. The promoters of the event claim that one quarter of all farmers in Canada made their way to the Queen City for the weeklong event, organized to promote Canada's agricultural industry. In total, they say more than 140,000 visitors turned the turnstiles at Regina Exhibition Park--in fact the city was so packed, visitors had to truck 40 miles west down the Trans-Canada to Moose Jaw to find lodging. But on the evening of Nov. 23, away from the grandstand, the cattle shows and the Canadian Cowboys' Association's Finals Rodeo, a loosely knit group of disgruntled Saskatchewan grain farmers met at the Regina Flying Club. Only, it wasn't to promote agriculture--but to map out a plan for taking their fight against the federal government to the next level.

    For the past 10 years, 21 farmers from Saskatchewan and one from Manitoba have been in and out of courts and in and out of jail fighting the feds on charges of exporting wheat to the U.S. The Farmers for Justice, as they call themselves, had deliberately circumvented the monopolistic powers of the Canadian Wheat Board--the Crown corporation responsible for marketing western grain. That night in Regina, the farmers made plans to make Ottawa pay for all they had endured in their ordeal. And on Jan. 16, 15 farmers filed suit against the federal government at Regina's Federal Court of Canada demanding $2 million apiece, for what they claim has been malicious prosecution and abuse of power. "Bringing down the wheat board isn't the issue; the issue is compensation," explains Estevan, Sask.-area grain grower Art Mainil, of the feds. "They knew all along it was a bogus, cooked-up charge."

    Mainil's confidence is bolstered by a decision last May by a Saskatchewan appeal judge who quashed the original 1999 convictions of the 22 farmers, tossing six of the cases out completely and ordering retrials for the other 16 men. Justice William Vancise ruled that while the farmers were charged under the Customs Act, the act does not contain any clauses requiring western farmers to get wheat board licences to sell their grain, as prosecutors had argued. In their statement of claim against Ottawa, the farmers state that they have possession of a document that not only supports Vancise's decision, it proves Ottawa knew that when it prosecuted the farmers.

    The document, obtained via the Access to Information Act, is a copy of the minutes of a meeting that took place on June 23, 1997, between wheat board officials and bureaucrats from several federal departments, to discuss the Crown's legal strategy against the Farmers for Justice and draft a communications strategy. "The . . . charge of exporting without a license is . . . no longer valid," read the minutes (the charge had been invalidated by a Manitoba court in a case against grain farmer David Sawatzky, who was tried earlier for skirting the CWB in 1995, and acquitted). "This is problematic," the minutes report Mike Hadley, then adjudications officer with Revenue Canada, as saying. Another charge, he notes, including a "failure to report in writing" to customs officials of their export, "were added as an afterthought" and "defendants had not been given an opportunity to respond to these charges." Concludes Hadley: "Consequently, there is now some question as to whether the charge will stand up to a court challenge."

    For their part, the farmers insist this was not simply an act of civil disobedience. It was also about money. In the early 1990s, farmers could get higher prices for their grain in the U.S. Selling to the U.S. directly, which had a much stronger dollar and would pay more for high-quality grain than the CWB's pooling system, the farmers calculated they could easily double their income. "We were going where the dollars were and that's something eastern Canadian farmers have been allowed to do since Confederation," says Norm Colhoun, one of the convicted farmers, from Lumsden, Sask. "My biggest bone of contention with the Canadian Wheat Board is that it's not a Canadian wheat board, it's a western Canadian monopoly."

    Though the CWB was aware that western farmers were increasingly trucking their grain south, they couldn't physically stop them. "The Canadian Wheat Board is helpless to stop what industry sources say is an increasing number of illegal exports of wheat and barley into the U.S.," said Lorne Hehn, then chief commissioner of the wheat board in 1994. "The board can no longer enforce a provision of the Canadian Wheat Board Act requiring exporters of prairie grain to get a permit from the board . . . We don't have a vehicle to properly enforce that law." Hehn went to Canada Customs for help. The national revenue minister at the time, David Anderson, agreed to pitch in by issuing an order that would now require anyone trying to ship wheat or barley to the U.S. to first present to Canadian customs agents a Canadian Wheat Board export licence before crossing to the U.S., or risk having their goods and vehicles seized at the border.

    Vancise would later rule that Anderson's forfeiture order was not legally binding. He also ruled that requirements to sell through the wheat board did not fall within the authority of Section 95 of the Customs Act. That, combined with documents indicating the feds knew they likely had no case in the first place, has convinced the farmers that Ottawa prosecuted them maliciously, and owes them for all the stress and losses brought on by the trials, the lost property, legal bills, fines and, for some, the time spent in prison. Wendy Raynard of Benson, Sask., whose husband Devin and father-in-law Don are both part of the group lawsuit, insists it's not right that farmers should have been dealt with so harshly for simply trying to sell the produce they grew. They "only wanted to do what most consumers want to do, and that is get the most money that they can for the product they're selling," says the mother of four. "We're in dire danger of losing everything right now."

    The same can be said for the handful of Farmers for Justice outside of Saskatchewan, who suffered the same hardships. If these 15 Saskatchewan farmers win their suit, there's a good chance the other Westerners will bring a court action of their own. As an added bonus, many are hopeful that, with the election of a Conservative government, they'll get what they were after all along: Tory Leader Stephen Harper has pledged to make membership in the CWB voluntary, permitting western growers to sell grain on their own, should they choose to opt out. What made the Farmers for Justice into criminals seven years ago could be perfectly legal soon--and after all they've been through, they can't wait. "There's an awful lot of guys saying they want to go back down to the border," says Colhoun.

    #2
    Yes!!!! Some of the secret agenda is out. Mulroney still has influence and was orchestrating Harper's campaign MORE than what was guessed at.

    Like the 'Ghost of Christmas Past', Mulroney is back to haunt us and confound us as well.
    What will it take to expunge his memory from the Canadian psyche?
    Will his blunders and mistakes forever haunt us?
    Is Harper a marionette dangling from Mulroney's feeble, trembling hands or will he break free and become his own master in his own right?
    I guess time will tell, if he survives, which is not a certainty by any means.

    Comment


      #3
      Has anybody heard how they are actually going to make up the shortfall after the reduction in the GST takes place? It is slated for April 1st I believe and will mean that there will be $1.5 Billion less going into the coffers.

      I understand that one way the Conservatives are looking at making up the shortfall is to reverse the increase in personal tax exemption that was passed just before Parliament was dissolved for the election.

      If you listen to the PM, then it won't affect lower income people because they don't pay tax anyway, right? They also aren't the ones spending money on big ticket items and their "wants". They spend money on what they need to just get by.

      If it does happen that the personal exemption is decreased, then those who will be most affected are in the middle because they don't get much of a break anywhere. To save us roughly $500/yr, we will see our tax exemptions go down by over $600/yr. Some saving.

      Comment


        #4
        Has anybody heard how they are actually going to make up the shortfall after the reduction in the GST takes place? It is slated for April 1st I believe and will mean that there will be $1.5 Billion less going into the coffers.

        I understand that one way the Conservatives are looking at making up the shortfall is to reverse the increase in personal tax exemption that was passed just before Parliament was dissolved for the election.

        If you listen to the PM, then it won't affect lower income people because they don't pay tax anyway, right? They also aren't the ones spending money on big ticket items and their "wants". They spend money on what they need to just get by.

        If it does happen that the personal exemption is decreased, then those who will be most affected are in the middle because they don't get much of a break anywhere. To save us roughly $500/yr, we will see our tax exemptions go down by over $600/yr. Some saving.

        Comment


          #5
          Every person in western Canada should get down on their knees every night and thank Brian Mulrooney for getting us the free trade deal...in fact just about everyone in Canada?
          As far as the GST goes: I don't think Harper tried to hide anything? He said 1% reduction now and another 1% within 5 years? He stated very clearly he would honor the Liberal tax excemption for 2005 and then cancel it? Is that not correct?
          Supposedly 125 constituencys thought that was okay because they voted for it...and all the seats in Alberta, all the seats in Saskatchewan except Goodales? By the way the other Saskatchewan seat that went liberal was clearly a crooked deal with major vote fraud!
          If people don't like the policy then they can vote against it next time? Maybe there will be a great swell of support for the Liberal plan...a plan concieved at the last moment to try to pull their fat out of the fire! Before that, for the 12 previous years it was tax and spend with the best of them!
          Also don't forget one of the broken Liberal promises was "scrap the GST"?

          Comment


            #6
            If ten thousand health admin employees in Ottawa were let go and moved into the productive private sector the gov could save considerably.

            Comment


              #7
              Harper may change his mind on the tax cut if he gets a rough ride in the house, or if constituents get on their MP's to leave it in place. I intend to let my MP know how I feel about it and very soon !

              Comment


                #8
                I have a simpler solution to the GST debate.

                Lower the rate even further, and tax every transaction. Make it simpler, relieve us of the administrative costs costs associated with the complex VAT (value added tax) tax we imposed on Canadians. Remember that the original GST legislation was seven pages, by the time the opposition and special intersts groups were through with it, it was several volumes.

                Oh , and Harper should clean up on the beuracracy he inherited. It certainly contributed to the demise of our last conservative govt and may likley stop thi one from any contructuve change for Canadians.

                As for Mulroney, be brought us Free trade, likely the most important piece of legislation in the last 20 years in terms of raising, or at least maintaining our standard of living.

                Liberals, on the other hand brought us the beloved gun control legislation, took away the "crow rate" for pennies on the dollar, and cut support for agriculture to a third of what it was under the last tory govt.

                And lastly, what whould the govt make up the shortfall with. Nothing, what shortfall? We have had massive unbudgeted surpluses. Tax less, govt should spend less. Let the public and taxpayers do the spending. We are much more efficent at it!

                Comment


                  #9
                  I agree with the Conservative plan to get rid of the gun control agency and use the funds that are saved to put more police officers on the streets and in rural areas.
                  This makes much more sense as does their plan to ensure that those to commit gun related crimes do their time in prison and not in some posh halfway house.

                  Comment


                    #10
                    Northern farmer: I agree with you on the GST thing and would even take it one step further? Scrap all income tax, fuel taxes, excise taxes...in fact all other taxes and replace them with one big GST tax! Of course this could never happen because the Canadian citizen would be shocked that the new GST would have to be in that 70% range to break even!
                    There is something not quite right when the various governments get more from your efforts than you do? But then who can you blame? Everyone thinks the government should be taking care of them from cradle to grave. Unfortunately people forget the one great truth in this world "There is no such thing as a free lunch"! Somebody always pays...and it is seldom the rich.

                    Comment

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