WINNIPEG – Another group of farmers is attempting to get the justice system to break the Canadian Wheat Board’s monopoly on wheat and barley
marketing.
Jim Pallister of Portage la Prairie, Man., on behalf of a group called Farmers for Justice, filed documents with the Federal Court of Canada asking that farmers be given “freedom of choice” in how they sell their grain.
But a lawyer with the department of justice said the claim as filed is “procedurally improper.” Christopher Mainella said when a court official at the Federal Court in Winnipeg reviews the documents on Oct. 11, he wants the claim to be struck down.
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“Essentially what he’s done is he’s framed his claim in the wrong manner, and so what we’re going to do is we’re going to strike his claim. And then he’s free to bring another claim if he wants to in the proper manner,” Mainella said.
Earlier this year, three southern Manitoba farmers filed documents with the Federal Court, asking for a judicial review of the CWB. Their claim was struck for similar reasons. However, Pallister said in a written statement that Dave Sawatzky, Bill Cairns and Andy McMechan are not part of the Farmers for
Justice group.
Pallister declined to be interviewed about the court action, but said he would respond in writing to a list of questions.
“The inspiration for the Farmers for Justice came from the Prairie Pools,” Pallister wrote. “Their 1993 judicial review application that struck down the continental barley market had a profound effect on farmers. The pools set the precedent that farm policy could be decided in court.”
According to the documents, Pallister wants a judicial review of the CWB because it is both a federal board and crown corporation, which he believes makes the board a “non-entity in law.” Pallister wants the board to be stripped of its regulatory powers and operate only as a crown marketing agency that farmers could choose to use.
Attached to the documents were letters of support from the Canadian Taxpayers’ Association, the Canadian Federation of Independent Business and the Western Canadian Wheat Growers Association. Pallister is the Manitoba vice-president for the wheat growers association.
Mainella argued the CWB is a corporation, and as such is an entity in law. “The problem with the motion of Mr. Pallister is it’s so vague we don’t really know what he’s talking about,” he said. Mainella added because the argument and supporting facts are not clear, the CWB cannot respond to the claim.
Mainella’s motion on file at the Federal Court further states that the documents include a “deposition of opinion and reliance on hearsay” and are “laden with immaterial, irrelevant and redundant information.”
Pallister wrote that he was confident about his claim. “The wheat board’s monopoly will not survive this court challenge.”
