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UPDATE: Factum challenges C-18 attack on the Canadian Wheat Board

The Council of Canadians, the Public Service Alliance of Canada, ETC Group, and Food Secure Canada have been granted intervener status in a court challenge against C-18, the Harper government’s legislative attempt to dismantle the single desk authority of the Canadian Wheat Board.

On November 25, Steven Shrybman, the Counsel for the Interveners, submitted ‘A Memorandum of Fact and Law of the Interveners’, also known as a factum. In it, he argues, “The Interveners agree with and rely on the submissions of the Friends of the Canadian Wheat Board (the ‘Friends’) and the CWB that, in enacting Bill C-18 without consulting farmers and conducting a plebiscite vote, the Minister acted contrary to his statutory obligations under s. 47.1 of the Canadian Wheat Board Act (the ‘Act’). The Interveners submit that, in addition to the general principles of statutory interpretation identified by the Applicant, s. 47.1 must be interpreted in light of the obligations and responsibilities of the CWB in regard to the North American Free Trade Agreement (‘NAFTA’) and plant research as reflected in s. 61.1(1) and ss. 31.1-33.5 of the Act, and in a manner that is consistent with constitutional values, including freedom of association, the rule of law and democracy.”

To read the full factum, please click here.

To read Council of Canadian chairperson Maude Barlow’s October 31, 2011 affidavit that formed part of the application to intervene in this case, please click here.