The Canadian Press reports, “The Canadian Wheat Board is asking a judge to overturn federal legislation that would strip the board of its monopoly over western wheat and barley sales. …The board will file an application with the Manitoba Court of Queen’s Bench, asking it to rule Bill C-18 invalid. The bill is currently before the Senate (the final vote is expected tomorrow, Dec. 15) and could become law within weeks, so the board is also asking the court for an injunction to suspend the bill until the case is heard.”
“The government has already suffered one legal setback over Bill C-18. A Federal Court judge ruled last week that the bill violates the Canadian Wheat Board Act, which says the government must consult farmers via a plebiscite before making major changes. Justice Douglas Campbell made it clear, however, that his ruling was simply a statement on the government’s actions. He did not order the government to halt the bill and said he was not interfering in the legislative process. (Wheat) Board officials are now taking that ruling to the Court of Queen’s Bench in hopes of getting such an order.”
The Council of Canadians, the Public Service Alliance of Canada, Food Secure Canada, and the ETC Group were represented by lawyer Steven Shrybman in the Federal Court challenge that found that the Harper government had violated the Canadian Wheat Board Act by not seeking a plebiscite with farmers before introducing C-18, the legislation to end the CWB monopoly. On December 7, the Harper government indicated it would appeal the Federal Court ruling.
“Senior Liberals were in Winnipeg Wednesday to show their support for the wheat board. (Liberal leader Bob) Rae, deputy leader Ralph Goodale and Liberal Senator Robert Peterson all appeared with (Canadian Wheat Board chair Allen) Oberg as he announced the board’s latest legal move. …On Monday, Rae wrote to the Governor General to ask him to withold Royal Assent for C-18 until the case is resolved in court.”