The Conservative government and its anti-CWB monopoly allies celebrate a decisive court victory this week that says Ottawa had no legal obligation to poll farmers on the issue.
Pro-single desk supporters say they will study the Federal Court of Appeal’s June 18 decision and decide whether to apply for an appeal to the Supreme Court of Canada.
The Friends of the CWB and former elected directors dismissed by the government, as well as court case allies the Council of Canadians, also face the prospect of a legal bill to cover government court costs because the court awarded costs to the government.
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At the centre of the latest twist in government plans to end the CWB monopoly Aug. 1 was an Appeals Court unanimous ruling that shredded a December judgment by Winnipeg-based Federal Court judge Douglas Campbell. He had sided with government critics and said agriculture minister Gerry Ritz had an obligation under existing CWB legislation to seek farmer approval before moving to dismantle it.
Campbell said that in moving to end the monopoly without holding a farmer vote, Ritz violated “the rule of law.”
The validity of the Marketing Freedom for Grain Farmers Act and its implementation this year was not in question.
The government appealed the December judgment at a late May hearing before the Court of Appeal in Ottawa.
Justice Robert Mainville, writing for the unanimous court, dismissed all of the lower court conclusions.
Despite a provision in 1998 CWB Act amendments that said farmers had to have a vote before grains were added or subtracted from the CWB monopoly, that cannot be construed as stopping the government from repealing the entire act and the monopoly, Mainville wrote.
“The effect of such a provision is to relinquish Parliament’s powers in the hands of a small group not forming part of Parliament,” he wrote.
The law does not require prior farmer consent before a government can act to end the monopoly.
And the appeal court dismissed judge Campbell’s acceptance of a Council of Canadians argument that the “democratic” nature of the CWB was necessary to protect it from foreign trade challenges.
On June 19, Friends of the CWB issued a statement that the group will study the judgment but is not ruling out an appeal to the Supreme Court of Canada.
Meanwhile, it said a $17 billion class action suit against the government demanding compensation for damages caused by loss of the single desk and “confiscation” of farmer assets will continue.
Western Canadian Wheat Growers Association president Kevin Bender said in a June 19 statement the court ruling was a victory for prairie farmers who want to decide how to market their own grain.
“This ruling removes any doubt about the implementation of an open market for wheat and barley on Aug. 1,” he said. “Marketing freedom is here and here to stay. It’s full steam ahead.”
