A group of barley growers and their lawyers are in the midst of strategy meetings to decide whether to appeal a court ruling over barley marketing.
The farmers say they will likely appeal Federal Court justice Francis Muldoon’s decision to dismiss their charter of rights challenge against the Canadian Wheat Board.
The Alberta Barley Commission, 21 farmers and the Western Barley Growers Association, have 30 days to decide..
As vice-president of the Western Barley Growers Association, Crossfield, Alta. farmer Greg Rockafellow supports an appeal. He was surprised by the verdict announced April 11.
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“When we first heard about the news it was really a shock because everybody thought the case was very strong,” he said.
He doesn’t agree with the judge’s statement that this is a political problem to be resolved by Parliament rather than the Charter of Rights.
“When you read the judgment and then go through the case, you wonder if the two were even related. It looks as if the judge had not accounted for much of the facts and arguments that came through as evidence. He seemed to deny those facts and those arguments.”
Push for change will continue
Regardless of this decision, Rockafellow said the demand for change to marketing systems and grain handling won’t stop.
For groups like the barley growers and its Alberta sister, the barley commission, frustration has reigned for years with a system they feel is ruled by intractable bureaucrats and their political masters, endless hearings and cross country panel discussions.
From the time the commission started in 1991, it pressured Ottawa for political changes for a dual barley market, said chair Brian Kriz. It decided to go to court to force political change.
“At the time we thought, what about going to court under the charter? We might as well have something in the background that pushes some political action. Maybe we can use this as a bluff,” said Kriz.
“We said at the board table if we get any political action, this court case is done.”
They used the charter because it had the potential to deal with economic rights of the individual. But Muldoon ruled the charter doesn’t protect property rights.
“We don’t think that is right,” said Kriz.
Pursuing this case has always rested on support from the Alberta farmers who contribute a refundable checkoff of 40 cents per tonne of barley sold.
When asked if farmers would strike at the commission by demanding their money back, Kriz said farmer support is positive because rebates shrink every year.
According to the most recent commission financial statement, rebates hover around seven percent of the total money collected annually.
“Every time we’ve made a tough decision we’ve gulped around the table and said ‘what is this going to do to refunds?’ It’s always been reassuring. We’ve had hate letters but we’ve also had the money stay right there,” said Kriz.
