DUE process was not followed when the federal government tried to regulate an end to the Canadian Wheat Board’s monopoly on export and malting barley.
That was the only thing at issue in the federal court case heard last week and the sole point of the ruling by Justice Dolores Hansen.
Yet the repercussions are many and the ruling did not quell controversy about the future of Canadian grain marketing.
In the short term, the ruling means the CWB will retain its duty to market Western Canadian farmers’ barley crop in the foreseeable future. It’s going to require some creative thinking by the board to fulfill its contracts, and find new sales, in the wake of the market uncertainty caused by government intentions and the recent ruling on the illegality of its method.
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The board has traditionally been less nimble in its ability to capitalize on market peaks, but good international barley prices may give it an ideal opportunity to show its marketing prowess.
Its articulated objectives in the wake of the ruling show awareness of farmers’ expectations: maximizing returns to producers; ensuring customers who have contracted to buy barley from Canada are properly serviced; and treating fairly the grain companies that made the sales.
CWB chair Ken Ritter said after the ruling came down that it won’t be business as usual for the board because it intends to respond to farmers’ desires for more marketing options.
It’s imperative that the CWB quickly put forward those plans.
Supporters of the board need the affirmation that the CWB is a dynamic organization capable of meaningful change. Supporters of the open market need to see new CWB initiatives to forestall any advocacy for illegal marketing options, as some News release have hinted.
Results of the court case clearly show that end runs around current Western Canadian grain marketing rules will not succeed.
An appeal of the ruling by government remains a possibility, but Western Canadian farmers would be better served by a hiatus in the battle. That would allow market volatility, created by on-again, off-again plans, to settle.
The government could also put forward legislation on the matter, as the court ruling indicates is necessary, but that is a dubious option considering the Conservatives’ minority position and slim chance of opposition support.
Last week’s comments by prime minister Stephen Harper were emphatic about Conservative plans to eliminate the wheat board’s monopoly, at least in regard to barley. It appears that it will take an election and a Conservative majority to achieve his goal.
Knowing that, all parties with a stake must ensure the matter is openly debated in the next election. That way the winner can legitimately claim support for its position, whatever the outcome.
Bruce Dyck, Terry Fries, Barb Glen, D’Arce McMillan and Ken Zacharias collaborate in the writing of Western Producer editorials.
