The Federal Court of Appeal has confirmed legality of federal government changes to the voters’ list in the 2008 Canadian Wheat Board director elections.
But the same court also ruled that the Friends of the Canadian Wheat Board (FCWB) – had a legal right to challenge the ruling.
In January 2010 Federal Court Judge James Russell dismissed the FCWB’s application to overturn Agriculture Minister Gerry Ritz’s decision to issue ballots only to CWB permit book holders who delivered wheat or barley to the CWB in the 2007-08 or 2008-09 crop years. Other farmers had to apply for a ballot, demonstrating they were eligible to vote.
Read Also
Mazergroup’s Bob Mazer dies
Mazergroup’s Bob Mazer, who helped grow his family’s company into a string of farm equipment dealerships and the main dealer for New Holland machinery in Saskatchewan and Manitoba, died July 6 from cancer.
Russell also ruled the farmers involved had no legal standing to bring the complaint to court because their right to vote in the election was unaffected by Ritz’s order.
“Suddenly the ‘standing issue’ became more important than the original issue (Ritz’s order) in court,” FCWB counsel Anders Bruun said in an interview March 23. “It became very important to re-establish this right that farmers have to petition the federal court in circumstances like this.”
Bruun said the FCWB is happy how the Appeal Court ruled on the standing issue. However, the FCWB is disappointed the Appeal Court upheld the legality of Ritz’s order. Since it’s unlikely the Supreme Court of Canada would agree to hear the case the FCWB will not seek leave to appeal again, Bruun said.
The only way to prevent Ritz and future ministers from interfering in CWB elections is to amend the CWB Act’s regulations, which can’t be done while a government that opposes farmer control of the CWB is in power, he said.
While agreeing with the lower court that Ritz acted within the law, Federal Court of Appeal Judge . Gilles Létourneau said in his written decision that a similar order from Ritz affected the 2006 CWB election. “There is no doubt that the directive changed the dynamic of the election,” he wrote.
Grandview-area farmer and FCWB spokesman Larry Bohdanovich said all CWB permit book holders should be eligible to get an election ballot in CWB elections automatically. He accused Ritz of trying to rig the vote to help directors who oppose single-desk selling get elected. “The change to the voters’ list results in a different result at the end of the day,” he said.
Ritz said he wanted only legitimate farmers to vote, not retired or hobby farmers. In an email last week, Ritz wrote it was remarkable what the FCWB construe as a win. “It’s a sad state of affairs when even a loss in court does not deter them from their narrow- minded ideology,” he wrote. “The Court of Appeal in fact dismissed the Friends application and upheld my instructions as valid.
Bruun said the FCWB will continue to challenge the federal government if necessary.
The group succeeded, through the courts, in overturning a Harper government cabinet order to remove barley from the CWB in 2007. The Federal Court ruled such a change had to be approved by Parliament. [email protected]
