Andy McMechan’s battle with the Canadian Wheat Board continues, but this time his argument is over something federal authorities didn’t charge him for.
McMechan, an anti-wheat board activist who farms near the Manitoba/North Dakota border, said lawyers representing him from the high profile Winnipeg firm Walsh Micay and Co. are applying to take his case to the Supreme Court of Canada.
The Lyleton, Man., farmer said he was found guilty of charges such as removing a seized vehicle from Canada Customs and failing to turn over his tractor after it was seized .
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Those charges hinged on the issue of exporting wheat or barley to the United States without a Canadian Wheat Board permit.
But that’s one offence Mc-Mechan wasn’t actually charged with. Therefore, he said his other charges don’t stand up in court because they assume his guilt on an offence he’s never been charged with, and therefore never had the chance to defend.
“They seized the tractor and the reason that gave them the grounds to do that was supposedly failing to report in writing but they never charged me with that because they don’t want anyone to challenge that charge in court,” McMechan said.
The federal crown prosecutor handling the case said McMechan didn’t land in jail for 155 days last year because he trucked grain across the border without a CWB permit, but because of what he did after that.
“We were concerned with his behavior upon entry into Canada, ignoring the RCMP and Canada Customs officials,” said Chris Mainella.
“We just can’t have that.”
