A federal court Wednesday ruled federal Agriculture Minister Gerry Ritz broke a provision of the Canadian Wheat Board Act in attempting to legislate changes to the Act.
In a 21-page ruling released on December 7, federal judge Douglas Campbell ruled in favour of the Wheat Board's application, agreeing that "the Minister's conduct is an affront to the rule of law" by not engaging in a consultative process with the Wheat Board on changes to its marketing of grains.
At issue was the introduction of Bill C-18 by the federal government to end the Wheat Board's single-desk monopoly and to bring in marketing choice for barley and western wheat. The Wheat Board has been opposing the move, contending it was done without conducting the proper consultation - in this case, by failing to consult the board and failing to hold a vote of wheat and barley producers - as mandated by s. 47.1 of the Canadian Wheat Board Act.
The Wheat Board challenged Ritz on s. 47.1, which, according to judge Campbell's ruling, "requires the Minister to engage in a consultative process with the Canadian Wheat Board (CWB) and to gain the consent of Western Canadian wheat and barley producers with respect to proposed changes to the currently well-established process of marketing grains in Canada. At the present time, contrary to the requirements of s.47.1, the Minister is unilaterally proceeding to revolutionize the process by securing the imminent passage of legislation."
Campbell went on to state "it is an undisputed fact that the Minister tendered Bill C-18 without conducting the consultation and gaining the consent expressed in s. 47.1 of the Act." He found the actions "judicially reviewable" and ruled for the applicants.
The ruling comes one day after the judge heard arguments from both sides in federal court in Winnipeg.
Despite the ruling, Ritz indicated to reporters Wednesday the government does not intend to back down on their efforts to end the Wheat Board single desk. The government will be appealing the court decision, he said.
