An appeal against a 1997 charter of rights ruling that upheld the monopoly status of the Canadian Wheat Board began in a Calgary federal court May 1.
The appeal challenges the decision by Federal Court of Canada justice Francis Muldoon, who ruled the compulsory nature of selling to the board does not violate a western farmer’s constitutional right to do business.
The challenge to the Canadian Charter of Rights and Freedoms started in 1993, when the Alberta Barley Commission, Western Barley Growers Association and 21 farmers steered the case into court in 1996.
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Lawyers for the appellants told the three federal court judges that the wheat board monopoly discriminates against western farmers because it limits their mobility and alienates them from the marketplace. The jurists include justices Robert Decary, Marshall Rothstein and Karen Sharlow.
Lawyer Keith Groves defined alienation as the inability to have meaningful contact with the farmer’s market.
At one time western Canadian farmers needed the support of institutions like the wheat board to ensure they received a buyer and a fair price for their grain.
“That is no longer the case for the western Canadian farmer. He is alienated from his markets by the Canadian Wheat Board,” said Groves. He represented the barley commission and farmers in the original charter challenge.
He said farmers are no longer “wheat miners” but educated, sophisticated businesspeople with a range of market contacts and information.
Lawyer Dale Gibson cited past cases dealing with commercial enterprises that showed Canadians have the right to earn a livelihood.
“Individual autonomy and self-fulfilment of the farmer-businessman is at the heart of this case,” said Gibson.
