A Federal Court judge has issued a split decision on a legal challenge launched by a group of farmers against the federal government.
In a March 16 ruling, the federal justice found that the farm group Friends of the Canadian Wheat Board has the right to go to court against the federal government on issues regarding the CWB.
But the judge also determined that the government has the authority to issue directives to the CWB to change or implement certain policies and programs.
FCWB spokesperson Larry Bohdanovich said he was disappointed the decision didn’t go completely in the farmers’ favour, but welcomed the part that did.
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“We’re pleased the Federal Court ruled that farmers do have the right to defend themselves in court,” he said.
“It’s a partial victory in that we have enshrined that right.”
The case dates back to a July 23, 2008, letter to the board, in which CWB minister Gerry Ritz instructed the agency to make certain changes to the voters list.
The changes stripped thousands of CWB permit book holders of their right to vote.
FCWB went to court to argue the government had no right to make a unilateral change to the voters list.
That was rejected by the lower court, which also ruled that the members of FCWB had no legal standing to challenge the government on this issue.
In his March 16 ruling, federal justice J.A. Letourneau rejected the lower court’s ruling denying standing but upheld the minister’s right to issue directives to the marketing agency.
Bohdanovich said FCWB will not appeal the losing part of the decision to the Supreme Court of Canada.
