Steven Shrybman
The Globe and Mail reports the Harper government “faces challenges by (Wheat) Board defenders on a number of fronts.”
Unfortunately, “The Court of Queen’s Bench in Manitoba on Friday threw out a request for an injunction to suspend implementation of the new federal law stripping the CWB of its role as sole marketer for Western Canadian wheat and barley… Judge Shane Perlmutter concluded that a producer plebiscite was not required under the terms of the new marketing act, and turned down the injunction request.” Former Wheat Board directors are considering appealing that decision.
But, “Lawyer Steven Shrybman of law firm Sack Goldblatt Mitchell LLP says the Manitoba ruling does not affect the class action suit his firm has brought, backed by the Friends of the Canadian Wheat Board and other groups. The class-action challenge is being waged on the basis of Charter rights, including rights of association. Even if it fails, he said, the law firm will ask for recovery of lost assets, revenues and damages for farmers caused by the end of the board’s 70-year-old marketing role.”
In mid-September, Shrybman said, “If we win (the constitutional claim), the board would be restored but there would be a lot of damage we expect between now and then. If we fail with our constitutional arguments and the board is essentially and effectively destroyed, we’re seeking damages for the loss of goodwill and the loss of property and the loss of all of the assets that have been acquired and built over time with proceeds from the sale of grain grown by Prairie farmers.”
The Harper government is also facing a class-action suit initiated in Saskatchewan.
“Meanwhile, the government has appealed a Federal Court ruling in December that Agriculture Minister Gerry Ritz breached the law in not consulting with the wheat board or holding a farmers’ vote before introducing the new legislation. The appeal is expected to deal with the question of the law’s validity.” The Council of Canadians participated in that Federal Court challenge – represented by Shrybman – to defend the Canadian Wheat Board. More on that challenge at http://canadians.org/blog/?p=12618.
For Council of Canadians blogs related to the Canadian Wheat Board, please go to http://canadians.org/blog/?s=%22canadian+wheat+board%22.
