WINNIPEG – After some unusual twists and turns, the trial of Dave Sawatzky is coming to a close.
Sawatzky, a farmer from Gladstone, Man., and crown attorney Clyde Bond made their final arguments on Dec. 4. Judge Arnold Conner said he will rule before Dec. 31 whether Sawatzky is guilty of exporting wheat and barley without a Canadian Wheat Board permit.
When the two-week trial started, Conner questioned whether the Customs Act says exporters must have a licence. He ruled it was acceptable for Sawatzky to be charged under the act.
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But on the last day of the trial, Conner returned to the question, grilling Bond on what the act means.
Bond maintained that whether exporters are shipping wheat or widgets, they are required under the law to report it in writing. And, in the case of wheat, section five of the act requires shippers to have a Canadian Wheat Board permit.
He even brought in a translation of the French version of the act to make his point clear.
The law states that both the English and French versions of laws are equally valid, and when there’s doubt about meaning, both should be considered.
Feels oppressed
In an emotional address to the court, Sawatzky said that the Canadian Wheat Board wants to oppress him. He admitted he shipped grain across the border, but said it was sample account tombstone wheat, with high levels of fusarium. The wheat board was not giving licenses for this diseased wheat.
“How can I be expected to provide something that doesn’t exist?” Sawatzky said, swinging his arms dramatically and chewing on a toothpick. “Your honor, why am I here? There is no charge.”
Welcomed search
He said he welcomed the RCMP to search his house for information if they wanted to charge him under the Canadian Wheat Board act. But he was not charged until seven months later.
Sawatzky said nine officers searched his house when he wasn’t there, scaring his wife and two small children.
“They are trying to get at me through Canada Customs,” Sawatzky said. “It’s like sicking the dogs after me.”
Bond opened his argument by accusing Sawatzky of playing to the media in the room. But Conner said Bond was being too harsh, adding he thought Sawatzky believed in what he was saying.
Conner admitted he has given Sawatzky more latitude than someone trained in the law, but said both parties should feel that they have had a fair trial.
