The federal government’s legislation to remove barley from the Canadian Wheat Board’s single desk could end up in court, says the chair of the wheat board.
Ken Ritter said last week it’s “almost a given” that somebody will challenge the legislation.
“When you consider that virtually every barley farmer has status on this issue, you can almost bet that if the government doesn’t follow the legislative process as outlined in the act, somebody is going to challenge it,” he said.
Section 47.1 of the CWB Act requires the government to hold a referendum among farmers and consult with the CWB before introducing legislation to exclude any grain from the board.
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Ritter said the government failed to meet either condition.
The plebiscite on barley marketing in the spring of 2006 was never described by the government as being a prelude to the introduction of legislation, he said.
Rather, former CWB minister Chuck Strahl described it as a non-binding vote, more akin to an opinion survey than a formal referendum under Section 47.1, said Ritter.
As well, the government has held no consultation with the board on the introduction of legislation, he said.
While there have been talks about barley marketing in general, none of it dealt with the prospect of legislation.
“We would envision that as involving the minister meeting with the board to go over his plans, then have a detailed discussion about how change would be made and what the effects might be on farmers, customers, the trade, the railways and the CWB,” Ritter said.
