The Supreme Court of Canada has dismissed a seven-year-old farmer challenge against the Canadian Wheat Board.
Led by the Alberta Barley Commission, the case alleged the wheat board contravened farmers’ rights to freely market their own grain under the Canadian Charter of Rights and Freedoms.
The commission and farmer litigants have gone as far as legally possible with this challenge and feel frustrated that after years of court appearances, their application was rejected, said Ken Sackett, chair of the commission.
However, they have not given up entirely.
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“We will continue to try and convince people there are other ways of doing business,” said Sackett.
The challenge cost the commission about $2 million in legal fees and other expenses.
The wheat board has faced numerous challenges over the years.
“We’re happy to see it behind us,” said Jim Pietryk of the board.
Since this was a challenge against the crown, the federal justice department has paid the legal bills to defend the board.
“The cost to the taxpayers and the Alberta Barley Commission can be put to better use,” he said.
However, American challenges against the state trading organization are adding to the board’s legal bills.
“We’ve have nine challenges now at significant cost to western Canadian farmers,” Pietryk said.
The North Dakota Wheat Commission is the latest group to charge the board with unfair trading practices. The board has hired lawyers in Washington, D.C. to handle the defence.
During the 1999-2000 crop year, $235,000 was set aside for legal bills. However the board has already set aside $2 million in anticipation of the latest challenge from the Americans.
