Several of Alberta’s marketing boards and commissions have appealed a court decision, now stayed, that makes unconstitutional the act that governs them.
“This has very substantial impact,” said Gary Sargent, general manager of the Alberta Cattle Commission. The organization’s lawyer asked for intervenor status Dec. 7 in the Alberta Court of Appeal.
“There is $15 million of producer funds utilized to support marketing and export marketing decisions for 16 different agencies,” said Sargent.
No cattle producers have so far asked that checkoffs not be deducted from cattle sales despite justice Virgil Moshansky’s ruling that the Marketing of Agriculture Products Act, which governs many of the province’s agriculture organizations, was overreaching.
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Sargent said it would be “narrow thinking” by producers to ask for their checkoffs back since the money is used to find export markets.
Await decisions
Once an appeal is filed, the decision by Moshansky will be put on hold until the three appeal court judges make their decision.
Many organizations governed by the act use the legislation to collect levies to fund their operations and pay for research and market
development.
Paul Hodgman, manager of public affairs for the Alberta Pork Producers Development Corporation, said his group will be asking for intervenor status in the appeal.
“We’re appealing whether it’s positive or negative,” said Hodgman.
Janette McDonald Adam, general manager of the Alberta Pulse Growers Association, said the board has yet to decide whether it will get involved in the appeal.
“We’re pretty small players. We tend to stay out of these legal wranglings,” she said.
Andy Kovacs, executive director of the Alberta Soft Wheat Producers Commission, said his group doesn’t have money to go to court, and in any case might have little impact on the decision.
