WINNIPEG (Staff) – A Federal Court of Canada official has reserved decision on whether the court will consider Dave Sawatzky’s latest challenge to the Canadian Wheat Board.
Sawatzky filed a motion for judicial review on June 17. He wants the court to look at whether Ralph Goodale had the authority to change the Canadian Wheat Board act through an order in council on May 17.
The change was made to close a loophole in the act discovered when Sawatzky was acquitted on charges of shipping grain without a permit under the Customs Act.
“I decided there was no way the federal minister of agriculture should be able to get away with changing the law 45 minutes after I was acquitted,” Sawatzky said in an interview.
On Aug. 28, the Department of Justice argued that John Hargrave, a chief clerk with the Federal Court, should strike Sawatzky’s motion because it was vexatious.
Sharlene Hermiston, a lawyer with the department, refused comment until Hargrave gives his decision.
At press time, Hargrave had not yet filed his written decision on the motion.
