The ballots have long been counted, the campaign money spent and the directors seated at the board table.
But the 2008 Canadian Wheat Board election lives on, in the federal court system.
Two court cases launched by Friends of the Canadian Wheat Board (FCWB) continue to wend their way through the legal process and aren’t expected to be argued in court soon.
“It probably won’t occur over the summer,” said FCWB lawyer Anders Bruun of Winnipeg, citing difficulties getting all the parties together during vacation season. “It could quite conceivably be in September or October, that’s when I would expect it.”
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The two cases, which are being dealt with together, involve changes the federal government made to CWB election rules. In one, the FCWB argues the federal government violated the CWB Act when it ordered the board to change rules governing voter eligibility.
In a letter to the board July 23, 2008, CWB minister Gerry Ritz said the directive was issued under Section 3.07 of the act, which gives the minister the right to issue directions to the board, subject to CWB election regulations.
FCWB argues in its application to the Federal Court that voter eligibility rules are set out in the CWB Act and the government cannot change them through a unilateral directive to the board.
In the second case, the farm group alleges the federal government violated the act when on Sept. 5, 2008, it eliminated a $10,000 spending limit for third parties in the CWB election.
It says the government failed to consult adequately with the board, as required by the act, and that lifting the spending limit violates the Charter of Rights and Freedom by creating different spending rules for candidates, who faced a $5,000 limit, and third parties.
The federal government rejects the allegations in the lawsuits and says it acted legally and within its authority.
Bruun said the next step in the legal process will occur in May, when FCWB counsel cross-examine the official who filed the government’s affidavit stating Ottawa’s case.
He said it’s not yet clear if federal government lawyers will ask to cross-examine the FWCB affidavit.
The CWB and Meyers Norris Penny, which acted as election co-ordinator, have been named in the lawsuit, but Bruun said it’s not yet clear what role if any they will play in the proceedings.
“They don’t have to get involved in any way, it’s up to them,” he said.
A CWB spokesperson said the board is still examining the matter and had no comment.
Bruun said the two cases could be separated at some point in the proceedings. The third party spending case, which involves Charter and constitutional issues, will be more complex and time consuming.
Saskatchewan farmer and National Farmers Union president Stewart Wells, who is named as a plaintiff in both cases, said it’s important to carry on with the legal challenges.
“We want to know if what the government did was right or not and what we can expect in the next election,” he said.
