The Canadian Wheat Board entered the new year with a fully intact board of directors thanks to a decision from a Federal Court judge, but it remains to be seen whether it will stay that way.
The judicial decision stems from a statement of claim filed by District 8 candidate Art Mainil who alleged the 2004 CWB director election was rife with irregularities, including a mistake where 792 permit holders were not sent ballots until a little more than one week before the voting deadline.
Those omitted producers were people who hadn’t sold grain through the wheat board in the preceding two years.
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Mainil contended the 178 in his district would have been more inclined to support his candidacy, which was based on a voluntary marketing platform.
In her Dec. 23 ruling, justice Anne Mactavish dismissed Mainil’s motion for an injunction to prevent the counting of ballots and the subsequent appointment of directors in even-numbered districts.
“There is no evidence to support Mr. Mainil’s claim that he will be irreparably harmed by the announcement of the election results beyond his bare assertion that this would be the case,” said the judge in her decision.
But she did find serious irregularities in the way the 2004 CWB director election was conducted and refused to dismiss Mainil’s application for a judicial review of the process.
Mactavish said the question of whether the results of the election should be set aside will be determined at a later date once each party has had a proper opportunity to put together their cases.
“I see no basis for depriving Mr. Mainil of his day in court at this stage of the proceedings.”
Mainil said he intends to pursue a judicial review of what he deemed a “banana republic election process” conducted by the CWB in conjunction with the Brandon office of Meyers Norris Penny.
“We still have a chance of getting a new election under Elections Canada rules,” said the Weyburn, Sask., farmer.
Rod Flaman, who won District 8 in the fourth ballot, pointed out that even if Mainil had received all 178 of the omitted producer votes, he still would have been out of the race by the third round of voting.
But Mainil contends the number could be much higher than 178.
“Many people in our district didn’t even get a ballot,” he said.
CWB spokesperson Louise Waldman said the board will be happy to participate in a judicial review when that day comes.
“The main thing is that we will have a board in place. The new members will be sworn in and will be able to take up their responsibilities.”
If Mainil had been successful in getting an injunction, four of the 10 farmer-elected positions would have been unfilled as of Dec. 31, 2004.
That would have left five farmer-elected directors from odd-numbered districts, five government-appointed directors and James Chatenay, who won District 2 by acclamation, sitting at the board table.
“While the 11 remaining directors would constitute a quorum, allowing the CWB to operate, tens of thousands of grain producers would be effectively disenfranchised until such time as the matter is finally resolved,” said Mactavish in her decision.
Mainil, who supports the concept of a voluntary wheat board, said that wouldn’t have mattered because CWB minister Reg Alcock ultimately controls the agency, not the board of directors.
