SASKATOON – The Canadian Wheat Board says it’s not violating any of the provisions of the Charter of Rights and Freedoms in its dealings with western grain growers.
A lawsuit launched last October by 21 western farmers and two Alberta-based barley organizations, seeks to have the board’s export monopoly over wheat and barley overturned on constitutional grounds.
The farmers said wheat board regulations governing the delivery and marketing of wheat and barley deny them the right and freedom to do business in the same manner as their counterparts in other parts of the country.
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Arguments rejected
But in a document filed in the Federal Court of Canada June 27, the board rejected every argument put forward by the plaintiffs and asked the court to dismiss the lawsuit and make the farmers pay court costs.
“The provisions of the (CWB) Act do not prevent the plaintiffs from marketing their grain privately, nor do the provisions limit or eliminate their ability to gain a livelihood,” said the statement of defence filed by the deputy attorney general of Canada.
The statement said everyone in Canada is subject to the same regulations with respect to interprovincial or export trade of wheat board grains.
And it goes on to deny any aspect of the Charter is being violated.
“The plaintiffs’ complaints … are not analogous to persons suffering discrimination on the basis of race, religion or gender,” said the board. Nor do arguments regarding “mobility rights” have any bearing on the case.
CWB presents its case
The statement of defence said grain farmers are not forced to do business with the board, but if they wish to ship grain interprovincially or for export, they must follow certain rules along with everyone else in the country.
If the court does find that farmers’ Charter rights are being breached, it should go on to find that the restrictions put in place under the wheat board act are “demonstrably justified in a free and democratic society,” said the board.
In a press release, the Alberta Barley Commission accused the board of making “misleading statements” in its statement of defence and said it looks forward to arguing the issue before the courts.
Forced association
Commission chair Tim Harvie said the fact farmers must accept a pooled price for wheat board grains means they are forced into an economic association with the marketing agency, contrary to the Charter.
“Furthermore, the board claims that a producer is not restricted from selling his grain into an export market but this is clearly not so,” said the Cochrane, Alta., farmer.
The next step is for the plaintiffs’ lawyers to prepare a response to the board’s statement of defence. The case will then go to trial, but the date hasn’t been set.
