In a last ditch Liberal attempt to block Conservative plans to have legislation dismantling the Canadian Wheat Board monopoly made into law soon, governor general David Johnston has been asked to say ‘no’.
It would be a rare if not unprecedented move by the Queen’s representative in Canada to reject the advise of an elected government that is supported in its legislative plan by Parliament.
To make Bill C-18 law after Senate approval, planned for Dec. 15, Johnston must sign the royal proclamation.
On Dec. 12 in a letter to the governor general, Liberal leader Bob Rae said he should not.
He wrote in a letter to Government House that in his Dec. 7 decision denouncing government procedure in ignoring the farmer vote requirements of the existing CWB Act, justice Douglas Campbell said the ruling was meant to hold agriculture minister Gerry Ritz “accountable for his disregard of the rule of law.”
Ritz responded by saying the court judgment would not thwart government intentions to get the bill into law this year to give farmers and the industry time to plan for the Aug. 1, 2012 transition.
“The government almost certainly will seek Royal Assent for this legislation in the coming days,” wrote Rae. “As leader of the Liberal Party I would ask most respectfully that full consideration be given to awaiting final disposition of this matter by the courts before the legislation receives Royal Assent.”
In both the House of Commons and the Senate, Liberals have argued that consideration of the bill should be halted because they could be in contempt of court.
The Conservative government response is that Campbell’s ruling also said the ruling did not challenge the “validity of Bill C-18” nor Parliament’s right to pass legislation.
“This Conservative government is using their majority to force through their legislation to kill the Canadian Wheat Board, despite the Federal Court’s ruling that the agriculture minister’s conduct is an affront to the rule of law,” said Rae in a statement announcing the challenge. “Given this condemnation of the government’s attempt to unilaterally dismantle the CWB and given their decision to appeal, it would be inappropriate to proceed with the legislation until these matters have been exhausted before the courts.”
