Both sides are exuding confidence about the outcome of the upcoming Federal Court of Appeal hearing on barley marketing.
Federal Court judge Dolores Hanson ruled in July that under section 47.1 of the Canadian Wheat Board Act, the federal government can change the board’s marketing authority only through legislation passed by Parliament, not by regulation.
That ruling prevented Ottawa from implementing an open market for barley Aug. 1, 2007.
The federal government appealed the ruling and last week the Federal Court announced it will hear arguments on the appeal in Winnipeg Feb. 26.
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Depending on how the court rules and how long it takes to reach a decision, it could open the door for an open market for the crop year beginning Aug. 1, 2008.
CWB minister Gerry Ritz issued a statement in which he declined to comment on the details of the case but did express optimism about the outcome.
“We remain confident in our arguments that the government has the legal authority to change the CWB’s mandate by regulation,” he said.
The Western Barley Growers Association, which has intervened in the case on the side of the government, shares that confidence.
“Clearly justice Hansen didn’t fully understand the issues,” said association president Jeff Nielsen. “Barley was added to the wheat board act by regulation, therefore it can clearly be brought out by regulation.”
Officials of the CWB and Friends of the CWB, which launched the lawsuit that resulted in the July ruling, said they’re confident the decision will be upheld.
“We think the previous judgment was sound and there are strong legal grounds for our case,” said CWB spokesperson Maureen Fitzhenry.
FWCB spokesperson Bob Roehle said his group was taken aback when it heard the government was going to appeal.
“Justice Hansen was very definitive in her ruling,” he said, adding he thinks the government’s decision to appeal was designed to appease its political supporters in Western Canada.
FCWB’s legal counsel will appear at the Winnipeg hearing despite a financial squeeze on the organization following a decision by the newly elected Saskatchewan Party government to cut off financial assistance for the group.
The previous New Democratic Party government provided FWCB with $72,000 to cover its legal costs, while the government of Manitoba provided $20,000.
The barley growers association received $50,000 from the Alberta government to cover its legal costs as an intervenor
