Former directors and supporters of the Canadian Wheat Board monopoly are not letting it go down without a fight.
Cam Goff, director for district six of the Wheat Board from 2008-2011, said the federal government “broke the laws of Canada” when it dissolved the board in December 2011 without first holding a plebiscite among grain producers. He said the government could have easily changed or repealed the law forcing them to hold a plebiscite, but “just ignored the law” instead when they introduced legislation, Bill C-18, in October 2011 to end the single desk for 2012 harvested crop.
Section 47 of the Canadian Wheat Board Act says the government must hold a plebiscite among grain producers before making these changes to the board.
This action by the government drove the Wheat Board as an organization and eight of its former directors to launch a lawsuit in Federal Court against the government arguing the dissolution of the board not go ahead because the government did not follow the rule of law. This lawsuit was seen before the court in December 2011 with the court ruling in the claimant’s favour.
“The judge came down very strongly that the federal government had actually really broken the law or they were not abiding by the rule of law,” said Goff. “He really felt the government had overstepped its bounds.”
The federal government then appealed the case to the Federal Court of Appeal, which sided with the government in a ruling “sometime in late February or March” that refused the directors’ request for a stay of the dissolution of the board and that the federal government’s dissolution actions could go forward.
The claimants then asked the Supreme Court of Canada to decide the case. The Supreme Court ruled it would not hear the appeal Jan. 17. They did not give reasons for this decision.
“Really, we’ve run out of legal options,” said Goff. “Having the Supreme Court say that they’re not going to hear the case means that, aside from the class-action lawsuit, there really is nothing else legally we can do to try to have the government obey the law.
“Unfortunately, the court system doesn’t seem to think the federal government has to be bound by the laws of this country and I find that incredibly disappointing. They should be willing to hear the arguments, but they just said ‘no we’re not even going to listen to you,’ so I find that very disturbing.
“I always thought Canada was a democratic country that works by the rule of law, but apparently it is run by the rule of bye law.”
The class-action lawsuit, launched in Federal Court in February 2012, seeks to reinstate the Wheat Board’s monopoly and if that can’t happen to compensate the affected farmers with $17 billion in damages for the loss.
Goff said the lawsuit includes every farmer in Western Canada who sold grain through the Canadian Wheat Board between 2006 and 2011, unless a farmer specifically requests not to be a part of it. He said everyone involved in the lawsuit would be treated equally in regards to the compensation, but the $17 billion amount is just a starting figure, which will eventually be decided by the court once they adjudicate on the issue.
To read more please see the January 28 print edition of The Davidson Leader.