A federal court judge in Winnipeg has upheld the authority of the federal government to unilaterally change Canadian Wheat Board election rules.
Judge James Russell ruled in the government’s favour in a case brought by Friends of the CWB arising from changes to eligibility rules made by wheat board minister Gerry Ritz in 2008.
The judge also said FCWB had no legal standing to challenge the government in court on this issue because all 11 members acting as plaintiffs had voted in the election.
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FCWB had argued the rules on voter eligibility are set out in the CWB Act and the government can’t change them through a unilateral directive to the board. The government said it acted properly under Section 3.07 of the act, which gives it the right to issue directions to the board, subject to CWB election regulations.
Ritz welcomed the court decision.
“We believe that farmers should be the ones voting in directors elections, not landlords and bankers,” he said in a statement.
FCWB member Stewart Wells expressed disappointment, saying the government’s order denied thousands of rightful voters a ballot.
“By taking this to court, we tried to prove that this is not just a dirty trick but an illegal dirty trick,” he said, adding they are discussing an appeal.
