Barley Court Decision

[charliep]

CWB is first on the street with the news so will post their press release first.

Farmer control affirmed, CWB to provide maximum value for barley farmers

July 31, 2007

Winnipeg - The CWB will continue to evolve and adapt to provide maximum value for western Canadian barley farmers, after a court ruled today that the federal government cannot change the way barley is marketed without Parliamentary approval.

“The farmer-controlled board of directors has gone a long way to provide flexibility in terms of pricing, payment and delivery -- and we've got plans to go even further,” said Ken Ritter, chair of the CWB’s farmer-controlled board of directors. “We will work hard to find new ways to create marketing choices for farmers without stripping away the marketing power of their single desk”.

While today’s ruling means the single desk remains intact for barley, Ritter says it will not be “business as usual”. The CWB will accelerate the evolution begun several years ago to transform the corporation into an entity that effectively responds to farmers’ business needs without sacrificing market premiums generated through the power of the single desk.

“Now that the court has brought clarity to the process, our path is clear to continue with renewed vigour to make improvements that producers want for their marketing organization,” Ritter said.

Today’s ruling affirms farmer control of this organization and is good news for all farmer-controlled marketing agencies,” said Ritter. “Ten of the 15 members of the board of directors are democratically elected farmers and we, together with our government-appointed colleagues and our CEO, are responsible for charting a course to take the CWB into the future.”

The CWB had argued that it was beyond the federal government’s jurisdiction under the Canadian Wheat Board Act for the government to push through regulatory change and that the 1998 amendments to the CWB Act gave control of the CWB to farmers, not the government. The reasons for Madam Justice Dolores Hansen’s decision can be found on the CWB Web site at www.cwb.ca.

[craig]

I'm interested to see the other responses from farmers. While I sympathize with all farmers who feel let down by the rulings as an Alberta farmer I do believe that this province needs to move forward and seek removal of Alberta from the Wheat Board Designated area. If we maintain that we need to tow to the wishes of the majority then Alberta should have that right to have a vote on whether they want to remain part of the designated area . We have already had precedence in B.C. If Ontario can build their own system as they see fit,then we should be able to also. The CWB is claiming that they have got the message and need to provide more options to farmers. I see nothing to indicate this will happen. If the board truly addressed the concerns of those who do not support the board we would not be in this position today. I want the ability to run my farm business as I require to be successful. I also respect the right of every other farmer to do the same.

[craig]

thanks Charlie, well they sure put a spin on that! choked on my scotch here! but it's their hour to reign, but ? for how long? will this win actually increase farmer confidence in the CWB?
checked around the WCWGA and WBGA site and found one of their press releases, I'd imagine the WCWGA is very simular.
Erik


Rejection of Barley marketing freedom hurts all farmers

July 31, 2007 ~ Airdrie, AB: Today’s Federal Court of Appeal denying marketing choice for barley farmers will result in a continuation of a stagnate barley market” states Jeff Nielsen, President Western Barley Growers Association (WBGA). "By not moving forward, barley will not see the growth we all need to increase returns back to our farm gate. Barley farmers need the same right to market their barley as they do their canola, flax, pulses and oats. Forcing producers to continue to market their malt and export barley through the Canadian Wheat Board (CWB) erodes numerous new opportunities for the crop” says Nielsen.

"It is now going to be a challenge for the CWB to fulfill its commitments to our malting industry, without allowing choice, producers will be looking for any, and every opportunity to market their barley through the higher value non-board system. We have and will continue to support our vibrant livestock-feeding sector in western Canada, with the quality barley they have come to expect. Future growth in food fractionation may not come to fruition, whereas the WBGA’s barley for ethanol project has taken on a new life and a new urgency today" stresses Nielsen. “Fuel ethanol is not under the CWB, while the use of barley for food or fractionation for food is”.

"This is not a win for the CWB, its supporters, the Friends of the Canadian Wheat Board, or the Saskatchewan and Manitoba governments" comments Doug McBain, past President of the WBGA. "The ability to access the rising international barley market has been lost. Canadian prices will suffer and with that losses in the 100’s of millions of potential farm gate returns. "How now can the CWB account for this? Who should compensate the 10’s of thousands of western Canadian barley producers for the loss?" asks McBain.

The WBGA calls upon the minister to order the CWB to immediately issue no [cost] buy back export licenses to not only farmers but also our grain trade to minimize the losses and allow producers some freedom. Along with that the CWB must honor its commitment to adding value to western Canadian producers, and not play politics with farmer’s money and futures.

[Barleyman]

Questions: Is this not a human rights issue? Why different here than Ontario? How will the Liberals and the NDP spin that one?

[Zaphod]

May as well cut it for greenfeed. It'll be worth about as much.

[silverback]

Nice job Sask. and Man. .

I guess we will see if Alberta has any balls to stand up for it's farmers - or not.

Which provincial party actually pledges to get us away from the socialists to the east rather than just talking about it?

[mb_rancher]

How does this ruling affect all of the contracts that were signed with malting companies to buy barley this fall at $4 per bushel?

[kamichel]

Sucks to be the CWB, cannot ask for 60 million anymore to make farmers deliver.

[charliep]

One comment I will put forward is that I have talked with a least two people who attended the court and they commented on the fairness of the process and the ability of the judge to listen to all sides. Will see what is determined in the appeal process.

As has been indicated, the decision is based on process/legal issues and not the will of farmers.

Someone whispered in a a question in my that I should post on Agri-ville. They noted that the percentage of farmers who wanted single desk only increased from 14 % on the plebescite (done Feb./Mar.) to 19 % on the CWB survey just released (survey done April). Results for single desk only increased showed 38 % wanted single desk versus 36 % in the CWB survey. 48 % selected choice/dual market in both surveys.

Just to document, here are the sources.

Plebescite - http://www.agr.gc.ca/cb/ip/pdf/bk_e.pdf

Survey (slide 28) - http://www.cwb.ca/public/en/farmers/surveys/producer/pdf/survey_full_062107.pdf

Perhaps just to highlight there is a difference between the court case based on process and the instructions farmers gave the federal government/the CWB in both the plebescite and the CWB survey. If I were the CWB, I wouldn't be celebrating too much.

[kamichel]

I did not hear any of the news. So is it all that it was not done legally?

[charliep]

kamichel. Short answer yes. The federal government does not have the right (from this decision which may be subject to appeal) to remove barley from the CWB act through regulation. They need approval of parliment. This is from a layman so need to take this opinion with that in mind.

If you have some trouble sleeping tonight, the judges full ruling is located at:

http:/cas-ncr-nter03.cas-satj.gc.ca/rss/T-1123-07.pdf

[charliep]

here is the governments response, bit lame and sure hope they have plan B !
Erik


OTTAWA, Ontario, July 31, 2007 – The Honourable Chuck Strahl, Minister of Agriculture

and Agri-Food and Minister for the Canadian Wheat Board, today issued the following

statement in response to a Federal Court decision on the Canadian Wheat Board

Regulations that would have allowed Western Canadian farmers to choose how they market

their barley beginning August 1, 2007.

“I am most disappointed with the decision of the Federal Court. We will carefully review the

Court decision and decide on our next steps accordingly.

“A significant majority of barley producers is looking for greater marketing choice. I know they

will be very disappointed with this decision but I am confident that they will follow the law as it

is.”

[charliep]

Todays ruling is sickening!! It just shows what kind of cage we are in as farmers.

The CWB say they are farmer run operation. We put a vote foward, we won. They did not like our decision so they take it to court, and the decision is overturned.

My question is what do we control??? Absoulutley nothing, it's a F--ing joke!! How is it that hard to understand that I want to market my own grain.

I have put this question foward many times this past year. How is it any different than having the choice of 6-7 elevators competing for your buisiness in your area?? What if ADM tommorrow is offering $12.00 canola, because they have a sale to meet, and the Gov't tells us we can't haul to ADM?? It's absolutley ridiculous!!!

[charliep]

Here is the correct link to the ruling (forgot one of the backslashes after http

http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-1124-07.pdf

Hopefully will work this time.

[cottonpicken]

What kind of scotch erik?