The farm group Friends of the Canadian Wheat Board (FCWB) is appealing a recent court decision that upheld the authority of the federal government to unilaterally change Canadian Wheat Board election rules.
In January, Federal Court Justice James Russell ruled in the government’s favour in a case brought by FCWB arising from changes to eligibility rules brought in by wheat board minister Gerry Ritz in 2008.
The judge also said FCWB had no legal standing to challenge the government in court because all 11 members acting as plaintiffs had voted in the election and therefore were not harmed by the government’s action.
FCWB argued that the rules on voter eligibility are set out in the CWB Act and the government can’t change them through a 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.
