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NEWS: C-18 receives royal assent; faces injunction hearing on Friday

Postmedia News reports, “Bill C-18 was passed at third and final reading in the Senate Thursday with the support of all the Conservatives present. The Liberals, and Independent Senator Jean-Claure Rivest, voted against the bill. Independent Senator Anne Cools abstained. …Shortly after the vote, Gov. Gen. David Johnston gave the bill royal assent.”

“With royal assent and then the government immediately proclaiming the bill, it means the farmer-elected directors of the CWB are out of their jobs and farmers can begin forward contracting their grain sales with whatever grain company they wish. The actual monopoly won’t be lifted until August 2012.”

“The next steps for the bill are in doubt, however, as a court prepares to hear a case from the CWB requesting an injunction against the bill being implemented. The request was filed in Manitoba court Wednesday and the first hearing is scheduled for Friday. It’s unclear whether the hearing will be just to determine the date to hear arguments regarding the injunction or whether the judge will want to hear arguments. If it is the former, the CWB directors hope the judge will issue a temporary injunction until the full hearing takes place.”

“Last week, a federal court judge issued a declaration that Agriculture Minister Gerry Ritz offended the rule of law by introducing legislation which did not comply with the Canadian Wheat Board Act. The existing act requires the minister to consult with the CWB directors and hold a plebiscite among CWB producers before making changes to the CWB monopoly.” The Council of Canadians, the Public Service Alliance of Canada, Food Secure Canada, and the ETC Group were represented by lawyer Steven Shrybman in this Federal Court challenge.

“The ruling did not specifically address the viability of the bill, which meant debate and votes on it could and did proceed. …Ned Franks, a professor and parliamentary procedural expert at Queen’s University in Kingston, Ont., said the courts can, however, prevent the government from acting on legislation as long as it is a matter before the courts.” On December 7, the Harper government indicated it would appeal the ruling.

For Council of Canadians blogs relating to the Canadian Wheat Board, please see http://canadians.org/blog/?s=%22wheat+board%22.