CWB BOD duties

[gregpet]

I just checked out http://www.cwb.ca/public/en/about/act/ code of ethics for the CWB BOD’s.

Code of Ethics
…
III. DUTIES
Duties for corporate directors emanate from common law obligations and the provisions of the statute or instrument under which the company is incorporated. The following duties are applicable to directors and are in addition to any enactment or rule of law or equity relating to the duties of directors:
A. Duty of loyalty
Directors must act honestly, in good faith, and in the best interests of the Corporation. The key elements of this standard of behaviour are:
(i) A director must act in the best interests of the CWB and not in his or her self-interest. Acting in the best interests of the CWB includes ensuring that the views and concerns of western Canadian wheat and barley farmers are brought forward to the entire Board.
…

B. Duty of care
…
(e) Engaging in activities that demonstrate the accountability of the CWB and the director to all Western Canadian wheat and barley farmers.

Also Part 47.1 of the CWB act states that the ministers obligations are

Minister’s obligation
47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless
(a) the Minister has consulted with the board about the exclusion or extension; and
(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.

[gregpet]

Perhaps the CWB BOD's should look closely at their code of ethics and read III A (i). Also part III B (e). Then take a look at the CWB act 47.1, the minister's obligations.

I feel the minister has followed through with his responsibilities but the CWB BOD have not given that 37.8% voted to retain the status quo, 13.8% do not want a CWB at all, and the majority 48.4% want choice. I believe the director should stop acting in their own best interests and start, and I quote " Engaging in activities that demonstrate the accountability of the CWB and the director to all Western Canadian wheat and barley farmers."

[wedino]

They should look at Sec 18, too:

Directions by Governor in Council

Directions to the Corporation

18. (1) The Governor in Council may, by order, direct the Corporation with respect to the manner in which any of its operations, powers and duties under this Act shall be conducted, exercised or performed.

Directors
(1.1) The directors shall cause the directions to be implemented and, in so far as they act in accordance with section 3.12, they are not accountable for any consequences arising from the implementation of the directions.

Best interests
(1.2) Compliance by the Corporation with directions is deemed to be in the best interests of the Corporation.

Purchase of wheat only
(2) Except as directed by the Governor in Council, the Corporation shall not buy grain other than wheat.

[sumdumguy]

There must be something in the act that eludes to a "non-functional" board being replaced. I am serious. I don't think that some of the BDO are capable of functioning at this level.

[lesm]

I agree! This board is totally out of control.

[parsley]

Some of the same Board members who stood by and clapped when James Chatenay was put in jail, remain on the Board of Directors. Here is an article I wrote, from the days those Single-Desk Directors were feeling really cocky because they carried their Goodale stick:


"Ron Duffy called us from his jail cell tonight. He is in jail for trying to sell the wheat he grows. He gets locked in at 10:30 at night. He is bunking in with CWB Director Jim Chatenay, and that is nice for the both of them.

The farmers are segregated in one wing, but they have no special privileges. Jim has to wash windows and Ron has to wash floors.

Jail is quite an experience for a group of farmers who have very a very strong sense of what is right and what is wrong. These farmers are the kind of people who will stop and help you change a tire in forty below. They are the kind of folks who are good neighbors. They have the kind of work ethic that built this country. And they are in jail for trying to sell what they grow.

These are not the kind of people who will be intimidated by manipulating bureaucrats. Or by white collar thugs. Or by backroom schemers dipping into the pooling accounts.

The Canadian Wheat Board may want to continue pleading their bystanding innocence in this whole fiasco, but they are guilty in the eyes of the public, and they are involved, and these farmers know they are And so is Ralph Goodale.

The Minister of the Canadian Wheat Board can arrange for Customs to press charges so the CWB doesn't look bad. He can change the law. He can, in all his Cabinet glory, publicly pretend that the farmers are criminal border-runners that need to be locked up because they just want to draw attention to themselves, but deep down, the Canadians I know are outraged.

Probably what is the most insulting of all to a lot of folks in the farm community, is the fact that at the same time farmers were handcuffed and put in leg irons for trying to market their grain, the Supreme Court of Canada voted to make sure hard core criminals continue getting voting privileges. Not suspending those privileges, but keeping active those privileges.

Time and time again in the past few days, so many people have commented, "What is going on in our country?"

But what is so bloody disturbing about Ron Duffy's sentence is even if he had applied for an export license, the Canadian Wheat Board would have denied him the license.

Over the years, the Board has decided to deny all Western farmers export licenses whilst at the same time, they have decided to grant licenses to all the other provinces.

When it comes to licensing, the CWB Act itself , applies EQUALLY to every province, but the Board does not apply the Act in the way it is written by Parliament. The Board itself has decided to disregard what Parliament requires from them, and they have chosen to let their policy supercede their legislation. Licensing based on where you live is by any man's measure, discriminatory.

If the CWB Board of Directors decided tommorow, to instruct the Licensing Department in the CWB to issue export/interprovincial licenses, farmers in the West would be able to market their own grain. No legislation change necessary. No hoopla.

Director Art Macklin is able to get a license for his seed grain, because the Board of Directors will issue seedgrowers licenses. Ron Duffy cannot get an export license, because Directors like Art Macklin refuse to grant them to farmers in the West.

When he called tonight, Ron Duffy said he felt very safe in jail. Safer in jail in some ways, than out of jail. It's no wonder.

The Minister Responsible for the Canadian Wheat Board stood by and allowed not only good men like Ron Duffy, but allowed all these farmers to go to jail, when in fact, the CWB could have easily issued an export license to each and every one of them. Even if the CWB itself continued to refuse to issue export licenses, the Minister has the authority to order them to do so.

What horrible, horrible people. It is no wonder Canadians feel unsafe. They should.

Carol Husband"


"Co-operation by Force" is still the Single-Desk motto, endorsed and rnforced by Directors like Ian McCreary, Rof Flaman, Ken Ritter, Kyle Korneychuck and Bill Toewes.

Thank goodness Western farmers voted for choice.

Parsley

[cropduster]

Parsnip and others.........what say you to the CWB directors for Choice ?? Why have these folks not spoken out?? Producers need to know there is only BARELY(one) a majority for the status quo at the `board` table.If donkeys like Korny and Measly can go on their tour why can`t Chatenay and others have the same freedom??

[Fransisco]

Maybe there is a 'gag' order on them.

[TOM4CWB]

Cropduster,

Fuduciary responsibility requires that the (Market choice) minority keep their opinions to themselves... they are to argue at the CWB board table... but are required to keep quiet and not pubically go against the majority.

Chairman Ritter The single minded Seven are in technical breach of their own code of conduct... it will be interesting to watch them stick handle their way out of the black hole they skated into!

Not a smart move on their parts... but again patience is a the order of the day for Market Choice Directors!