Colin MacArthur, lead lawyer for eight former Canadian Wheat Board directors challenging the federal government’s move to eliminate the CWB’s monopoly, said his group chose the Court of Queen’s Bench instead of the Federal Court of Canada because of the constitutional aspects.
MacArthur said the former CWB directors plan to argue that the constitution requires the rule of law apply to all citizens, including federal agriculture minister Gerry Ritz.
MacArthur said questioning the constitutional validity of legislation is outside the jurisdiction of the Federal Court. His clients plan to use a Dec. 7 Federal Court declaration, which said Ritz broke the law by not holding a producer vote before introducing the bill that would eliminate the monopoly. That ruling is under appeal.
MacArthur disagreed that a Queen’s Bench ruling from Winnipeg would have no impact beyond Manitoba’s borders.
