Jim Chatenay might not be able to make it to the Canadian Wheat Board’s
November board meeting.
The CWB director from Red Deer might be in jail.
Chatenay has until Oct. 31 to pay a $2,500 fine arising from a 1996
border-running episode or face the prospect of 62 days behind bars.
But the outspoken proponent of marketing choice says he has already
chosen his punishment.
“I will turn myself in,” he said in an interview last week from his
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farm near Penhold, Alta.
“I refuse to pay the fine as a matter of principle because by paying
the fine I would admit guilt and I’m not guilty.”
Chatenay didn’t say he would necessarily stay in jail for the entire 62
days, noting that he could gain his release at any time by paying
whatever was outstanding on his fine.
It’s unclear whether going to jail would affect Chatenay’s ability to
serve as a CWB director.
The board’s code of conduct for directors makes no specific reference
to having a criminal record or being incarcerated.
It does say that directors must act “in the best interests” of the CWB
and must ensure their “activities and actions do not undermine the
reputation or integrity of the corporation.”
CWB chair Ken Ritter declined to say whether those clauses would cover
going to jail after being convicted of charges arising from an incident
involving the illegal export of CWB grain.
But he did say the board will be looking at the matter.
“This issue will be thoroughly aired by the board’s governance
committee and a report will be made to the full board,” he said.
“That’s all I can say right now. I don’t want to pre-judge anything.”
Chatenay said he has no idea how CWB directors or management will
respond to his situation.
He said he told CWB officials about his legal troubles when he was
first elected in 1998, but the issue has never been raised since.
“If they were concerned I would think they would have discussed it with
me prior to this.”
Chatenay is one of 14 Alberta farmers facing the choice of paying their
fines by Oct. 31 or going to jail as a result of convictions arising
from border-running incidents in April and July of 1996.
In Chatenay’s case, in July 1996 he took one bag of wheat across the
Montana border without a CWB export permit.
Canada Customs officers tried to seize his van, but Chatenay drove
away, leading to charges of failing to turn over an item seized by
Customs. He was acquitted in Court of Queen’s Bench, but convicted in
Court of Appeal and fined $2,500.
Chatenay remains unrepentant about his actions.
“I didn’t want to break the law, and as far as I’m concerned, I
didn’t,” he said. “It’s a matter of principle.”
Ritter said it’s important to note that the border protests of the
1990s that led to the conviction of Chatenay and many other farmers
occurred before the board of directors became elected and controlled by
farmers.
“Now, if you feel the CWB should have a different mandate you can vote
accordingly or run for the board,” he said.
“That is how things should work in a democratic society.”
Lacombe, Alta., farmer Ron Duffy, who also plans to go to jail rather
than pay his $6,500 fine for the same reasons, said he thinks it could
help the anti-monopoly candidates in this fall’s CWB director elections.
“I think it will likely get more pro-choice people out to vote,” he
said.
