Judge criticizes Goodale

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Published: December 19, 1996

STAFF – Agriculture minister Ralph Goodale, already under political fire for proposed changes to the Canadian Wheat Board, also faced some criticism from the Federal Court bench last week.

In Winnipeg, while hearing final arguments in a challenge to the Canadian Wheat Board Act under the Canadian Charter of Rights and Freedoms, Justice Francis Muldoon said the government’s attempt to change the act while it is before the courts violates the principle of non-interference.

The minister’s proposals to change the wheat board law while it is under challenge “lack the decency of respecting legal process,” said the judge.

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Then, after a federal lawyer tabled as evidence Goodale’s policy statement last October on the need to change the board, Justice Muldoon suggested it be discounted.

“If there’s a flurry of policy statements now, perhaps the court should regard them as self-serving,” he said.

In the House of Commons Dec. 13, Reform MP Elwin Hermanson jumped on the judge’s criticisms.

“Perhaps the minister has reacted irresponsibly and improperly,” said Hermanson.

Replied Goodale: “If we were to follow the admonition (from Hermanson), we would never consider any piece of legislation in this country if there were matters outstanding under previous legislation at any point in time.”

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