Ex-CWB directors to appeal Man. court loss

notafarmer

Junior Member
Messages
275
The eight fired farmer-elected directors of the Canadian Wheat Board say they?ll appeal a Manitoba court?s refusal to intervene in the board?s deregulation.

The ex-directors, who were legislated out of their jobs upon the passage of federal Bill C-18 late last year, had filed a motion in December in Manitoba Court of Queen?s Bench for a stay on C-18′s implementation.

Queen?s Bench Judge Shane Perlmutter on Feb. 24 dismissed the ex-directors? motion, describing their case as "weak" with little to favour granting an injunction against C-18 on the basis of either "irreparable harm" or the "balance of convenience."

"After studying the ruling in detail, we have come to the conclusion that the ruling in Manitoba contains a number of errors that should be analyzed by an appeal court," ex-CWB chairman Allen Oberg of Forestburg, Alta. said in a release Tuesday.

The ex-directors had claimed C-18 violated section 47.1 of the Canadian Wheat Board Act ? the soon-to-be-repealed legislation governing the board?s single-desk marketing authority over Prairie wheat and barley.

Their case stemmed in part from a separate Federal Court ruling late in 2011, on a case filed by the growers? group Friends of the Canadian Wheat Board (FCWB).

At that time, Judge Douglas Campbell found Agriculture Minister Gerry Ritz?s actions ? introducing C-18 without first holding a farmer plebiscite as per 47.1 ? to be "an affront to the rule of law." However, that ruling didn?t go so far as to order a halt on C-18′s passage.

"For 14 years, from 1998 to the end of 2011, everyone understood that the government had to follow (47.1) and conduct a farmer vote on significant changes to the CWB?s mandate," ex-director Kyle Korneychuk of Pelly, Sask. said in Tuesday?s release.

Read more at http://agcanada.com/daily/ex-cwb-directors-to-appeal-man-court-loss/
 
 
Top