LETHBRIDGE, Alta. – Alberta premier Ralph Klein says a constitutional
challenge may be the only way to break the Canadian Wheat Board’s
monopoly.
Klein made an unprecedented appearance at a farmers’ rally to promote
the province’s position on market choice for grain marketing and “to
assure Alberta farmers that the government will not relent in its
pursuit of a voluntary marketing structure for wheat and barley.”
About 300 people rallied in Lethbridge to support 13 Alberta farmers
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who surrendered to the provincial court Oct. 31 for non-payment of
fines for customs and wheat export violations in 1996.
Fines ranged from $1,000 to $7,000 and time in jail ranged from 25 to
180 days. Four farmers spent one night in the Lethbridge Remand Centre
before being released after paying their fines.
Klein told reporters the wheat board is an archaic institution in need
of major reform.
“I have no idea why the wheat board is intransigent on this particular
idea. Perhaps it is a way to sustain the bureaucracy,” he said.
A private member’s bill that declares Alberta farmers should be free to
market their wheat and barley as they choose receives third reading in
the legislature this fall.
The federal government must approve of the plan, which Klein said would
be unlikely.
The government would then table a bill addressing the province’s
authority over grain marketing.
“It sets the stage for a constitutional challenge relative to this
issue and I believe there should be a constitutional challenge,” Klein
said. “Hopefully we won’t have to go that route.”
In Parliament last week, the Canadian Alliance made the issue its lead
question of the day.
“It is an industry that is going bankrupt yet the government puts
farmers in jail for trying to make a living,” Alliance leader Stephen
Harper said.
“Why is the government throwing farmers in jail for trying to make a
living?”
Wheat board minister Ralph Goodale insisted there is no reason for
farmers to go to jail over this issue. Instead, he added, they can
politically oppose the wheat board through board elections.
Wheat board chair Ken Ritter dismissed a constitutional challenge at a
news conference.
He said the federal government clearly has jurisdiction over
international and interprovincial trade.
The board faced a constitutional challenge in 1997 from the Alberta
Barley Commission. The courts ruled in the board’s favour.
Political scientist and constitutional law expert Ted Morton of the
University of Calgary said the Alberta government could pursue a
constitutional challenge, but all four western provinces need to be on
side.
“Part of the responsibility of these governments is to protect their
citizens. Individuals do not have the resources, but governments have
the money.”
Morton said a challenge could be based on the grounds of discrimination
against a group because the wheat board act only applies to a specific
area of the country.
He called the board’s monopoly an infringement on property rights.
